- Collection:
- Georgia Government Publications
- Serial:
- Journal of the Senate of the State of Georgia.
- Title:
- Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 13, 1969 and adjourned Wednesday, March 26, 1969
- Creator:
- Georgia. General Assembly. Senate
- Publisher:
- Milledgeville : S. Grantland, Printer to the State
Atlanta, Ga. : Samuel Bard, Public Printer - Date of Original:
- 1969
- Subject:
- Georgia--Politics and government
- Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- state government records
- Type:
- Text
- Format:
- application/pdf
- Description:
- Includes extraordinary sessions
- External Identifiers:
- Call Number GA L402 1969
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl402-b1969
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl402-b1969
- Language:
- eng
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
JOURNAL
OP THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 1969 and adjourned Wednesday, March 26, 1969
1969 Atlanta, Ga.
OFFICERS
OF THE
STATE SENATE
1969
GEORGE T. SMITH --------------President (Lieutenant Governor)
GRADY COUNTY
HUGH G-ILLIS--.-------------------------------President Pro Tempore
TREUTLEN COUNTY
HAMILTON McWHORTER, JR. --------...--------.._----_----Secretary
OGLETHORPE COUNTY
GREEN CALLAWAY __________________Assistant Secretary
DEKALB COUNTY
REBECCA CAUSEY _-_._____________._._______Journal Clerk
DOUGLAS COUNTY
ANN DUNCAN ___.__.__.______________ .---Calendar Clerk
FULTON COUNTY
ALICE ENRIGHT .-----------__----.----Assistant to Secretary
FULTON COUNTY
SARALYN FOSTER -.--._--------_--,,----Assistant to Secretary
FULTON COUNTY
HENRY CASTLEMAN ________________________......Doorkeeper
FULTON COUNTY
DAVID W. PEEPLES --______--____--_____,,_--Messenger
SPALDING COUNTY
THOMAS B. CLIFTON, J__t.__________________J_Iessage Clerk
DEKALB COUNTY
DON MILTON __.-__-_----_.--_,,._____--Sergeant at Arms
FLOYD COUNTY
SENATE JOURNAL
Senate Chamber, Atlanta, Georgia, Monday, January 13, 1969.
The Senators-elect of the General Assembly of Georgia for the years 19681970 met pursuant to law in the Senate Chamber at 10:00 o'clock this day, and were called to order by the Honorable George T. Smith, president.
The invocation was offered by Dr. Louie D. Newton, pastor emeritus of the Druid Hills Baptist Church, Atlanta, Georgia.
The following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Senators-elect in the general election of 1968, was received and read:
Secretary of State State Capitol Atlanta 30334
January 13, 1969
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia
Dear Sir:
I am transmitting herewith the names of the Senators elected in the General Election held on November 5, 1968, to represent the various districts in the General Assembly for the years 1969 and 1970; as the same appear from the consolidated returns of said election which are of file and record in this office.
BWF:fd Enclosure
Sincerely yours,
Ben W. Fortson, Jr. Secretary of State
JOURNAL OF THE SENATE,
STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY NOVEMBER 5, 1968 GENERAL ELECTION
DISTRICT
COUNTIES
1st
Chatham
2nd
Chatham
3rd
Bryan, Chatham, Effingham
4th
Bulloch, Candler, Evans,
Screven, Tattnall
5th
Glynn, Liberty, Long, Mclntosh
6th
Appling, Bacon, Brantley, Camden,
Charlton, Pierce, Wayne
7th
Atkinson, Clinch, Coffee, Echols, Ware
8th
Berrien, Cook, Lanier, Lowndes
9th
Brooks, Colquitt, Tift
10th
Grady, Mitchell, Thomas
llth
Baker, Calhoun, Clay, Decatur,
Early, Miller, Quitman, Seminole
12th
Dougherty
13th
Ben Hill, Crisp, Irwin, Lee,
Turner, Worth
14th
Chattahoochee, Randolph, Stewart,
Sumter, Terrell, Webster
15th
Muscogee
16th
Muscogee
17th
Harris, Macon, Marion, Schley,
Talbot, Taylor, Upson
18th
Crawford, Houston, Peach, Twiggs
19th
Bleckley, Dodge, Dooly, Jeff Davis,
Pulaski, Telfair, Wilcox
20th
Johnson, Laurens, Treutlen, Wheeler,
Montgomery, Toombs
21st
Burke, Emanuel, Jefferson, Jenkins
22nd
Richmond
23rd
Richmond
-
24th
Wilkes, Lincoln, Columbia, McDuffie,
Glascock, Warren, Taliaferro, Greene
25th
Baldwin, Hancock, Washington,
Wilkinson
26th
Bibb, Jones
27th
Bibb
28th
Butts, Lamar, Monroe, Pike, Spalding
29th
Heard, Meriwether, Troup
NAMES John R. Riley William A. Searcey Edward H. (Ed) Zipperer Joseph E. Kennedy
Ronald F. Adams Roscoe Emory Dean, Jr.
Frank Eldridge, Jr. Robert A. (Bobby) Rowan Ford B. Spinks Frank C. Vann Julian Webb
A. W. "Al" Holloway Martin Young
Hugh A. Carter
Floyd Hudgins Harry C. Jackson Turner R. Scott
Stanley E. Smith, Jr. Roy V. Noble
Hugh Gillis
Jay Carroll Cox R. Eugene Holley M. J. (Mike) Padgett Sam P. McGill
Culver Kidd
Billy Adams Oliver C. Bateman Robert H. Smalley, Jr. Render Hill
MONDAY, JANUARY 13, 1969
DISTRICT
COUNTIES
30th
Carroll, Coweta, Fayette
31st
Douglas, Haralson, Paulding, Polk
32nd
Cobb
33rd
Cobb
34th
Pulton
35th
Fulton
36th
Fulton
37th
Fulton
38th
Fulton
39th
Fulton
40th
Fulton
41st
DeKalb
42nd
DeKalb
43rd
DeKalb
44th
Clayton, Henry
45th
Jasper, Morgan, Newton, Putnam,
Rockdale, Walton
46th
Oconee, Clarke, Madison, Oglethorpe
47th
Banks, Elbert, Franklin,
Hart, Stephens
48th
Barrow, Gwinnett, Jackson
49th
Dawson, Forsyth, Hall, Lumpkin
50th
Fannin, Gilmer, Habersham, Pickens,
Rabun, Towns, Union, White
51st
Bartow, Cherokee, Gordon
52nd
Floyd
53rd
Chattooga, Dade, Walker
54th
Catoosa, Murray, Whitfield
55th
DeKalb
56th
Fulton
NAPLES Lamar R. Plunkett W. D. Trippe Cyrus M. (Cy) Chapman Sam P. Hensley Armstrong Smith Frank E. Coggin Jack L. Stephens Ed Garrard Leroy Johnson Horace T. Ward Dan I. Maclntyre III Jim Tysinger Bob Walling Frank G. Miller Terrell A. Starr Brooks Pennington
Paul C. Broun M. Parks Brown
Steve Reynolds Robert E. (Bob) Andrews Maylon K. London
Jack C. Fincher, Sr. Sam W. Doss, Jr. Billy Shaw Abney W. W. (Bill) Fincher, Jr. Ed Reeder Jack Hardy
The senators-elect presented themselves at the rostrum where they received the oath of office administered by the Honorable Hiram K. Undercofler, Justice of the Supreme Court.
The president announced that the next order of business was the election of the president pro tempore.
Senator Fincher of the 51st nominated Senator Gillis of the 20th as president pro tempore and Senator Pennington of the 45th seconded the nomination.
8
JOURNAL OF THE SENATE,
Senator Coggin of the 35th asked unanimous consent that the nominations be
closed and that the secretary be instructed to cast the vote of the entire body for Senator Gillis.
The consent was granted.
The president appointed as a committee to escort Senator Gillis to the ros trum the following:
Senators Cox of the 21st, Noble of the 19th, Fincher of the 51st, Pennington of the 45th and Young of the 13th.
Senator Gillis expressed his appreciation to the members of the Senate for the honor being accorded him on his election as president pro tempore.
The president announced that the next order of business was the election of the secretary of the Senate.
Senator Broun of the 46th nominated Honorable Hamilton McWhorter, Jr., of Oglethorpe County, as secretary of the Senate.
Senator Coggin of the 35th asked unanimous consent that the nominations be closed and that the assistant secretary be instructed to cast the vote of the entire body for Honorable Hamilton McWhorter, Jr.
The consent was granted.
The oath of office as secretary was administered to Honorable Hamilton McWhorter, Jr., by the president.
The president announced that the next order of business was the election of a doorkeeper.
Senator Webb of the llth nominated Honorable Henry Castleman of Fulton County as doorkeeper.
Senator Coggin of the 35th asked unanimous consent that the nominations
MONDAY, JANUARY 13, 1969
9
be closed and that the secretary be instructed to cast the vote of the entire body for Honorable Henry Castleman.
The consent was granted.
The president announced that the next order of business was the election of a messenger.
Senator Rowan of the 8th nominated the Honorable David W. Peeples of Spalding County as messenger.
Senator Coggin of the 35th asked unanimous consent that the nominations be closed and that the secretary be instructed to cast the vote of the entire body for Honorable David W. Peeples.
The consent was granted.
The following resolutions were read and adopted:
SR 1. By Senator Coggin of the 35th: A resolution to notify the House that the Senate has convened; and for other purposes.
SR 2. By Senator Coggin of the 35th: A resolution adopting the Rules of the Senate; and for other purposes.
The following resolution was read:
SR 3. By Senator Coggin of the 35th: A resolution relative to officials, employees and committees of the Senate; and for other purposes.
Senator Plunkett of the 30th offered the following amendment: Amend SR 3 by changing the present Part VIII to read Part IX
and adding a new Part VIII to read as follows:
10
JOURNAL OF THE SENATE,
"The Chairman of the Senate Appropriations Committee with the advice and consent of the Senate Administrative Affairs Committee shall be authorized to employ a fiscal assistant to the Senate Appropria tions Committee. He shall be compensated during the session (including extra sessions) at a rate not to exceed $50,00 per day for actual days worked, but when such fiscal assistant shall be employed full time, he shall receive a monthly salary to be fixed by the Chairman of the Senate Appropriations Committee with the concurrence both of the President and of the Senate Administrative Affairs Committee."
On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.
On the adoption of the resolution as amended, the ayes were 49, nays 1, and the resolution was adopted as amended.
The following committee escorted the Honorable Phil Campbell, Commissioner of Agriculture, into the Senate Chamber, where he addressed the Senators:
Senators Pennington of the 45th and Broun of the 46th.
At the conclusion of Mr. Campbell's remarks, the following Senators ad dressed the Senate, commending Mr. Campbell on his outstanding achievements in the field of agriculture, and expressing their appreciation on his appointment as Under Secretary of Agriculture of the United States:
Senators Spinks of the 9th, Miller of the 43rd, Gillis of the 20th, Broun of the 46th, Smalley of the 28th, Bateman of the 27th, Searcey of the 2nd, Trippe of the 31st and Pennington of the 45th.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:
HR 1. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th, and Lee if the 61st:
A resolution to notify the Senate that the House of Representatives has convened in regular session and has organized by the election of Honor able George L. Smith of the 43rd as Speaker, and Honorable Glenn W.
MONDAY, JANUARY 13, 1969
11
Ellard of Habersham County as Clerk, and is now ready for the trans action of business.
The House has adopted the following resolution of the House, to-wit:
HR 2. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th, and Lee of the 61st:
A resolution to notify the Governor that the General Assembly has con vened; and for other purposes.
The Speaker has appointed as a committee to notify the Governor the follow ing members of the House:
Messrs. Roach of the 10th, Miles of the 78th, Levitas of the 77th, Anderson of the 49th, Sims of the 106th, Pinkston of the 81st, and Clarke of the 33rd.
The following resolution was read and adopted:
HR 2. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A resolution to notify the Governor that the General Assembly has convened; and for other purposes.
The president has appointed as a committee to notify the Governor the following:
Senators Coggin of the 35th, chairman, London of the 50th, McGill of the 24th, Miller of the 43rd, Smith of the 34th, Webb of the llth and Zipperer of the 3rd.
Senator Coggin of the 35th announced that a vacancy existed on the State Properties Control Commission, and nominated Senator Kidd of the 25th to fill the vacancy. Senator Smith of the 18th seconded the nomination.
On the vote, the ayes were 49, nays 0, and Senator Kidd was elected as a member of the State Properties Control Commission, for a term beginning Janu ary 13, 1969, and ending January 11, 1971.
Senator Gillis of the 20th nominated Mrs. Melba Williams to succeed herself
12
JOURNAL OF THE SENATE,
as a member of the State Election Board, and Senator Plunkett of the 30th sec onded the nomination.
On the vote, the ayes were 47, nays 0, and Mrs. Williams was elected to succeed herself as a member of the State Election Board, for a term beginning January 13, 1969, and ending January 11, 1971.
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:
HE 5. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th, and Lee of the 61st:
A resolution relative to canvassing and publishing the election returns.
The Speaker has appointed as a committee the following members, to-wit:
Messrs. Carnes of the 104th, Higginbotham of the 75th, Dorminy of the 48th, Bray of the 31st, and Cole of the 3rd.
HR 6. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th, and Lee of the 61st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor on Tuesday, January 14th, 1969.
The Speaker has appointed as a committee of escort on the part of the House the following members thereof:
Messrs. Murphy of the 19th, Paris of the 14th, Northcutt of the 21st, Adams of the 100th, Pafford of the 64th, Hawes of the 95th, and Hargrett of the 58th.
HR 7. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th, and Lee of the 61st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor on Thursday, January 16th, 1969.
MONDAY, JANUAEY 13, 1969
13
The Speaker has appointed as a committee of escort on the part of the House the following members thereof:
Messrs. Caldwell of the 39th, Lane of the 44th, Matthews of the 63rd, Ballard of the 23rd, Dent of the 79th, Collins of the 62nd, and Grahl of the 40th.
The following resolutions were read and adopted:
HR 5. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A resolution relative to canvassing and publishing election returns; and for other purposes.
The president appointed as a committee the following:
Senators Adams of the 26th, Chairman, Dean of the 6th, Spinks of the 9th, Kennedy of the 4th and Searcey of the 2nd.
HR 6. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th, and Lee of the 61st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor on Tuesday, January 14th, 1969.
The president appointed as a committee of escort on the part of the Senate the following:
Senators Gillis of the 20th, chairman, Adams of the 5th, Carter of the 14th, Eldridge of the 7th, Garrard of the 37th, Noble of the 19th and Padgett of the 23rd.
HR 7. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor on Thursday, January 16th, 1969.
The president appointed as a committee of escort on the part of the Senate the following:
Senators Plunkett of the 30th, chairman, Searcey of the 2nd, Chapman of the 32nd, Cox of the 21st, Pincher of the 54th, Reynolds of the 48th and Smith of the 18th.
14
JOURNAL OP THE SENATE,
The president announced the appointment of the following standing committees:
AGRICULTURE & NATURAL RESOURCES
Pennington of 45th, Chairman McGill of 24th, Vice-Chairman Noble of 19th, Secretary
Carter of 14th Dean of 6th Eldridge of 7th
Kennedy of 4th London of 50th Miller of 43rd Spinks of 9th Zipperer of 3rd
McGill of 24th, Chairman Dean of 6th, Vice-Chairman London of 50th, Secretary
Game & Fish Subcommittee
Miller of 43rd Zipperer of 3rd
Plunkett of 30th, Chairman Gillis of 20th, Vice-Chairman Maclntyre of 40th, Secretary
Adams of 5th Bateman of 27th Broun of 46th Carter of 14th Chapman of 32nd Coggin of 35th, Ex Officio Cox of 21st Dean of 6th Doss of 52nd Eldridge of 7th Fincher of 54th Hill of 29th Holley of 22nd, Ex Officio Holloway of 12th Jackson of 16th
APPROPRIATIONS
Johnson of 38th Kennedy of 4th London of 50th McGill of 24th Noble of 19th Padgett of 23rd Rowan of 8th Searcey of 2nd Smalley of 28th Smith of 18th Spinks of 9th Starr of 44th Trippe of 31st Vann of 10th Walling of 42nd Webb of llth Young of 13th
Mr. President, Chairman Holloway of 12th Plunkett of 30th
Fiscal Affairs Subcommittee
Smalley of 28th Smith of 18th
BANKING AND FINANCE
Holley of 22nd, Chairman Holloway of 12th, Vice-Chairman
Trippe of 31st, Secretary Andrews of 49th
MONDAY, JANUARY 13, 1969
15
Broun of 46th Coggin of 35th, Ex Officio Fincher of 54th Gillis of 20th Hardy of 56th Hensley of 33rd Jackson of 16th
Miller of 43rd Plunkett of 30th, Ex Officio Scott of 17th Smith of 18th Spinks of 9th Starr of 44th
BUSINESS, TRADE & COMMERCE
Spinks of 9th, Chairman Carter of 14th, Vice-Chairman Tysinger of 41st, Secretary
Coggin of 35th Garrard of 37th Scott of 17th
COUNTY AND URBAN AFFAIRS
Maclntyre of 40th, Chairman Brown of 47th, Vice-Chairman Hudgins of 15th, Secretary
Garrard of 37th Hensley of 33rd
Padgett of 23rd Reynolds of 48th Ward of 39th Zipperer of 3rd
Rural Development Subcommittee
Brown of 47th, Chairman Zipperer of 3rd, Vice-Chairman
Padgett of 23rd, Secretary Hudgins of 15th
Urban Development Subcommittee
Ward of 39th, Chairman Garrard of 37th, Vice-Chairman
Hensley of 33rd, Secretary Reynolds of 48th
DEFENSE AND VETERANS AFFAIRS
Kidd of 25th, Chairman Coggin of 35th, Vice-Chairman Stephens of 36th, Secretary
Hudgins of 15th
Pennington of 45th Reeder of 55th Smith of 34th
ECONOMY, REORGANIZATION AND EFFICIENCY IN GOVERNMENT
Smith of 18th, Chairman Holley of 22nd, Vice-Chairman Walling of 42nd, Secretary
Mr. President, Ex Officio Fincher of 51st Gillis of 20th, Ex Officio
Plunkett of 30th Smalley of 28th Starr of 44th Vann of 10th Zipperer of 3rd
16
JOURNAL OP THE SENATE,
EDUCATIONAL MATTERS
Andrews of 49th, Chairman Young of 13th, Vice-Chairman Cox of 21st, Secretary
Abney of 53rd Broun of 46th, Ex Officio Carter of 14th Chapman of 32nd Johnson of 38th Kennedy of 4th
Maclntyre of 40th Miller of 43rd Noble of 19th Padgett of 23rd Riley of 1st Rowan of 8th Stephens of 36th Vann of 10th
Secondary Schools Subcommittee
Abney of 53rd, Chairman Stephens of 36th, Vice-Chairman Kennedy of 4th, Secretary
Johnson of 38th Maclntyre of 40th
Vocational Education Subcommittee
Carter of 14th, Chairman Miller of 43rd, Vice-Chairman Cox of 21st, Secretary
Chapman of 32nd Vann of 10th
HEALTH AND WELFARE
Chapman of 32nd, Chairman Bateman of 27th, Vice-Chairman Garrard of 37th, Secretary
Abney of 53rd Adams of 26th Brown of 47th
Fincher of 51st Fincher of 54th Hardy of 56th London of 50th Reeder of 55th
Aging Subcommittee
Bateman of 27th, Chairman Fincher of 54th, Vice-Chairman Adams of 26th, Secretary
Garrard of 37th London of 50th
Hensley of 33rd, Chairman McGill of 24th, Vice-Chairman Reynolds of 48th, Secretary
Adams of 26th Brown of 47th Dean of 6th Doss of 52nd Holley of 22nd
HIGHWAYS
Hudgins of 15th Miller of 43rd Padgett of 3rd Pennington of 45th Reeder of 55th Searcey of 2nd Smith of 34th Trippe of 31st
MONDAY, JANUARY 13, 1969
17
Interstate Highway System Subcommittee
Searcey of 2nd, Chairman Smith of 34th, Vice-Chairman
Pennington of 45th, Secretary Padgett of 22nd
State Highway System Subcommittee
Trippe of 31st, Chairman Reeder of 55th, Vice-Chairman Dean of 6th, Secretary
Doss of 52nd Reynolds of 48th
Holloway of 12th, Chairman Adams of 5th, Vice-Chairman Abney of 53rd, Secretary
Garrard of 37th Hill of 29th Kidd of 25th
INDUSTRY & LABOR
McGill of 24th Padgett of 23rd Reeder of 55th Riley of 1st Scott of 17th Smith of 34th
INSTITUTIONS & MENTAL HEALTH
Rowan of 8th, Chairman Adams of 26th, Vice-Chairman Vann of 10th, Secretary
Andrews of 49th Doss of 52nd Kidd of 25th
INTERSTATE COOPERATION
Hill of 29th, Chairman Fincher of 54th, Vice-Chairman Andrews of 49th, Secretary
Bateman of 27th Broun of 46th
Smalley of 28th, Chairman Webb of llth, Vice-Chairman London of 50th, Secretary
Coggin of 35th
JUDICIARY
Cox of 21st Johnson of 38th Walling of 42nd Ward of 39th
PENAL & CORRECTIONAL AFFAIRS
Padgett of 23rd, Chairman Noble of 19th, Vice Chairman Kennedy of 4th, Secretary
Abney of 53rd Adams of 26th
Chapman of 32nd
Cox of 21st Gillis of 20th Reynolds of 48th Stephens of 36th Ward of 39th
18
JOURNAL OF THE SENATE,
PUBLIC UTILITIES & TRANSPORTATION
Fincher of 51st, Chairman Kidd of 25th, Vice Chairman Scott of 17th, Secretary
Adams of 5th Brown of 47th Holley of 22nd
Jackson of 16th Kidd of 25th Reynolds of 48th Searcey of 2nd Trippe of 31st Tysinger of 41st
State Ports Subcommittee
Adams of 5th, Chairman Searcey of 2nd, Vice Chairman Jackson of 16th, Secretary
Holley of 22nd Kidd of 25th Trippe of 31st
Webb of llth, Chairman Smalley of 28th, Vice-Chairman Gillis of 20th, Secretary
Bateman of 27th
RETIREMENT
Maclntyre of 40th Smith of 18th Tysinger of 41st
Mr. President, Chairman Smith of 18th, Vice-Chairman Hardy of 56th, Secretary
Andrews of 49th Bateman of 27th Broun of 46th Coggin of 35th, Ex Officio Dean of 6th Fincher of 51st Gillis of 20th Hill of 29th
RULES
Holloway of 12th Maclntyre of 40th Padgett of 23rd, Ex Olficio Plunkett of 30th Riley of 1st Smalley of 28th Stephens of 36th Ward of 39th Webb of llth Young of 13th
Johnson of 38th, Chairman Doss of 52nd, Vice-Chairman Riley of 1st, Secretary
SCIENTIFIC RESEARCH
Tysinger of 41st Walling of 42nd
SENATE ADMINISTRATIVE AFFAIRS
Eldridge of 7th, Chairman Starr of 44th, Vice-Chairman Young of 13th, Secretary
Hill of 29th Rowan of 8th
Fincher of 54th, Chairman
TEMPERANCE Searcey of 2nd, Vice-Chairman
MONDAY, JANUARY 13, 1969
19
Smith of 34th, Secretary Eldridge of 7th
Hudgins of 15th Tysinger of 41st
UNIVERSITY SYSTEM OF GEORGIA
Broun of 46th, Chairman Jackson of 16th, Vice-Chairman Zipperer of 3rd, Secretary
Adams of 5th Andrews of 49th, Ex Officio Bateman of 27th
Hardy of 56th Hensley of 33rd Plunkett of 30th Tysinger of 41st Webb of llth
The following resolution was read and adopted:
SR 4. By Senators Plunkett of the 30th, Trippe of the 31st and Gillis of the 20th:
A resolution expressing regret at the passing of Honorable Albert F. Moore; and for other purposes.
The following communication from His Excellency, Governor Lester G. Maddox, was received, and read by the secretary:
OFFICE OF THE GOVERNOR Lester Maddox, Governor Atlanta
January 13, 1969
Honorable George T. Smith Lieutenant Governor State Capitol Atlanta, Georgia
My dear Mr. Smith:
Pursuant to the rules of the Senate, I hereby certify that Honorable Frank Coggin of the 35th Senatorial District has been duly appointed by me as Administration Floor Leader of the Senate.
With kindest regards, I am
LGM:ero
/s/ Lester G. Maddox Governor
20
JOURNAL OF THE SENATE,
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following 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 1.
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Coggin of the 35th 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.
TUESDAY, JANUARY 14, 1969
21
Senate Chamber, Atlanta, Georgia, Tuesday, January 14, 1969.
The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The president announced the doctor of the day, Dr. Ernest C. Atkins, and the nurse of the day, Loretta Roberts.
Senator Searcey of the 2nd 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 Senate bills and resolutions.
The consent was granted.
The roll was called, and the following senators answered to their names:
Abney Adams of the 5th Adams of the 26th Andrews Bateman Broun Brown Carter Chapman
Cox Dean Doss Eldridge Fincher of the 51st Fincher of the 54th Garrard Hardy Hensley
Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre
22
McGill Miller Noble Plunkett Reeder Reynolds Riley Rowan
JOURNAL OF THE SENATE,
Scott Searcey Smalley Smith of the 18th Smith of the 34th Starr Stephens Trippe
Tysinger Vann Ward Webb Young Zipperer
Scripture reading and prayer were offered by the Reverend Robert M. Alston, pastor, First Methodist Church, Gumming, Georgia.
The following communication from His Excellency, Governor Lester Maddox, was received and read:
EXECUTIVE DEPARTMENT Lester Maddox, Governor Atlanta
April 18, 1968
Honorable George T. Smith Lieutenant Governor and
President of the Senate State Capitol Atlanta, Georgia
Dear Lieutenant Governor Smith:
Pursuant to the provisions of Article V, Section I, Paragraph XV of the Constitution of Georgia, the following Senate Bills passed and adopted at the 1968 Session of the General Assembly of Georgia were vetoed by me for the reasons set forth below:
S. B. 199 (Veto #31)--By Senator Smith of the 18th and others, amending the "Georgia Administrative Procedure Act" approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to place the Board of Corrections and its penal institutions under the provisions of said Act; to repeal conflicting laws; and for other purposes. This bill was vetoed because I felt it would be impossible for the Board of Corrections to properly administer the laws applicable to the Board of Corrections
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23
and the penal institutions of the State of Georgia if the Board of Cor rections and its penal institutions were made subject to the provisions of the "Georgia Administrative Procedure Act". Said bill was vetoed for the further reason that, in my opinion, placing the Board of Corrections and its penal institutions under the provisions of the "Georgia Adminis trative Procedure Act" would require additional personnel to be em ployed by the Board of Corrections and the Department of Law to han dle the cases instituted in accordance with the "Georgia Administrative Procedure Act" and no appropriation was made therefor.
S. B. 202 (Veto #32)--By Senator Smith of the 18th and others, amending the "Georgia Administrative Procedure Act" approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to place the Board of Pardons and Paroles and the State Board of Probation under the pro visions of said Act for rule making purposes; to repeal conflicting laws; and for other purposes. This bill was vetoed because I felt it would be impossible for the Board of Pardons and Paroles and the State Board of Probation to properly administer the laws applicable to the Board of Pardons and Paroles and State Board of Probation if the Board of Par dons and Paroles and State Board of Probation were made subject to the provisions of the "Georgia Administrative Procedure Act". Said bill was vetoed for the further reason that, in my opinion, placing the Board of Pardons and Paroles and State Board of Probation under the provisions of the "Georgia Administrative Procedure Act" would re quire additional personnel to be employed by the Board of Pardons and Paroles and State Board of Probation and the Department of Law to handle the cases instituted in accordance with the "Georgia Administra tive Procedure Act" and no appropriation was made therefor. Further, it is my opinion that the existing provisions of the Constitution and laws of the State of Georgia, when properly administered, are sufficient for the proper administration of the Board of Pardons and Paroles and the State Board of Probation.
S. B. 247 (Veto #33)--By Senator Hall of the 52nd and others, amending an Act known as the "Minimum Foundation Program of Edu cation Act", so as to change the provisions relating to the allotment of teachers; to repeal conflicting laws; and for other purposes. This bill was vetoed because it was my opinion that the implementation of said legislation would require additional financing and that the provisions of this bill were in conflict with the provisions of H. B. 1103, also passed at the 1968 Regular Session of the General Assembly of Georgia. This bill (H. B. 1103) has also been vetoed. After conference with the authors of both S. B. 247 and H. B. 1103, both of said bills were vetoed in order that additional study may be given to the subject matter and legislation relative thereto introduced at a future session of the General Assembly.
S. B. 248 (Veto #34)--By Senator Johnson of the 38th and others, amending an Act known as the "Housing Authorities Law", to provide that the authorities created by said Act shall be known as a "Housing and Redevelopment Authority" under certain circumstances; to increase the membership of housing authorities in certain municipalities; and for other purposes. The original Housing Authority Act approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, provides that the Area of Operation of a housing authority of a city created pursuant to
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the provisions of said Act shall include such city and the area within ten (10) miles of the territorial boundaries thereof but shall not include any area which lies within the territorial boundaries of any other city. The provisions of S. B. 248 would particularly apply to the Atlanta Housing Authority because such Authority has been designated by the governing authorities of the City of Atlanta to exercise certain powers authorized in the "Urban Redevelopment Law" approved March 3, 1955 (Ga. L. 1955, p. 354), as amended. Since the Area of Operation of the Atlanta Housing Authority includes the City of Atlanta and the areas within ten (10) miles of the territorial boundaries of the City of Atlanta, not including any area which lies within the territorial bound aries of any other city, I felt that S. B. 248 should be vetoed and that the provisions of any such future legislation should be agreed to by all of the legislators in the Area of Operation. For the above-stated rea
sons, I vetoed S. B. 248.
S. B. 274 (Veto #35)--By Senator Johnson of the 38th and others, amending an Act entitled "An Act to amend an Act entitled 'An Act to establish the Criminal Court of Atlanta'" pertaining to the offices of Judge and Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes. This bill was vetoed because I felt that the existing provisions relative to filling a vacancy arising in the offices of Judge and Solicitor General of the Criminal Court of Fulton County are sufficient and adequate. It was observed that the juret signed by the Notary Public attesting to the publishers' affidavit attached to said legislation was dated the 15th day of Feb ruary, 1968. Notwithstanding the fact that said legislation was intro duced on January 18, 1968, it is therefore an impossibility for the pub lishers' affidavit to have been attached to said legislation at the time
it was introduced.
S. B. 277 (Veto #36)--By Senator Johnson of the 38th and others, amending an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph I, of Section VII, of Article VI of the Constitution of the State of Georgia" pertaining to the office of Judge of the Civil Court of Fulton County; to repeal conflicting laws; and for other purposes. This bill was vetoed because I felt that the existing provisions relative to filling a vacancy arising in the office of Judge of the Civil Court of Fulton County are sufficient and adequate. It is further observed that said legislation did not contain a notice of intention to apply for local legislation as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia.
S. B. 313 (Veto #37)--By Senator Ward of the 39th and others, amending an Act to grant to the incorporated municipalities of this state having a population of more than 300,000 certain basic powers; to repeal conflicting laws; and for other purposes. This bill is an amendment to the Act approved March 4, 1966 (Ga. L. 1966, p. 3089), authorizing certain municipalities to require the repair, closing or de molition of dwellings or structures which are unfit for human habita tion, commercial, industrial or business occupancy. This legislation was enacted prior to the time I became Governor of the State of Georgia. Since I have become Governor of the State of Georgia I have been ap-
TUESDAY, JANUARY 14, 1969
25
prised of the imposition of many hardships caused by this legislation, particularly upon the owners of modest homes in the City of Atlanta. The bill authorized that mandatory demolition can be required for dwellings, buildings or structures declared unfit for human habitation or commercial, industrial or business use, if repairs, alterations or im provements to said dwellings, buildings or structures cannot be made at reasonable cost in relation to the value of the building, so as to ren der it suitable for use. The legislation further provides that in the event such building was not demolished, the demolition could be carried out by authority granted to public officials and liens placed against the real estate upon which such demolished structure was located. The original legislation did not provide any method whatsoever of providing funds to citizens financially unable to afford repairs to structures owned by them which had been declared unfit for human habitation. The powers granted to the municipalities defined in said legislation has caused many persons to lose what shelter they owned without providing other shelter for such homeowners, has caused many homeowners to incur indebtedness which they cannot afford, and has caused many homeowners to be the victims of unscrupulous contractors and repair men. The provisions of such original legislation and the ordinances en acted pursuant thereto have not been equally applied and enforced throughout the City of Atlanta. The hardships that have been caused by said legislation, in my opinion, far outweigh the advantages that have been afforded by such legislation, and until such time as low-cost public or private financing can be afforded to the citizens of such cities on a repayment basis in keeping with their ability to pay, I feel that I have no alternative but to veto amendments to such original legislation. In other words, it is my feeling that a home in need of repairs is better than no home at all. The bill is what is commonly termed a "population act." As such, by applying to cities having a population of 300,000 or more, it would, at present, apply only to the City of Atlanta. While the courts often uphold population acts, they are often equally inclined to strike such exercises in classification when it appears there is no rea sonable relation between the population classification utilized and the subject matter contained therein. Therefore, because of the reasons herein set forth, I have vetoed S. B. 313.
S. B. 365 (Veto #38)--By Senator Hensley of the 33rd and others, amending an Act creating the Cobb County-Marietta Water Authority, so as to change the rate of interest payable and maturity date on rev enue bonds; to repeal conflicting laws; and for other purposes. S. B. 365 and H. B. 1579, introduced and passed at the 1968 Regular Session of the General Assembly of Georgia, was similar legislation. At the request of the authors of both bills, H. B. 1579 was approved and S. B. 365 was vetoed.
S. B. 353 (Veto #39)--By Senator Johnson of the 42nd and others, amending an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to clarify what costs may be capitalized as costs of a rapid transit system or project; to repeal conflicting laws; and for other purposes. This bill was vetoed because I felt that the majority of the registered voters of the State of Georgia, and particularly the real property owners of the metropolitan counties were opposed to it. The bill would have greatly expanded the powers of the Authority and would
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have removed the Authority from the jurisdiction of the Public Service Commission, which would mean that the Authority would not be subject to the jurisdiction of the Public Service Commission as are other public utilities operating in the State of Georgia. No program has been sub mitted by the Authority showing that the construction of a Rapid Transit System in the metropolitan area was either feasible or eco nomically sound; no definite determination has been made as to the exact location of the lines of the Rapid Transit System; no definite determination has been made as to the exact cost of the original con struction of the system, and no study or facts were presented that would show the system would be a success once it was completed. I personally feel that the Authority has not explored the most economical and feas ible means of developing a Rapid Transit System in the metropolitan area. I further feel that any proposal made by the Authority to develop a Rapid Transit System in the metropolitan area should affirmatively show that the interests of the tax-payers have been considered and that other sources of financing such system should be assured in order to guarantee that tax upon property owners alone would not be the major source of paying the indebtedness of the Authority.
Respectfully submitted,
/s/ Lester Maddox Governor
LM: jc
Honorable Arthur K. Bolton Honorable Ben W. Fortson, Jr. Honorable Frank Edwards
The following bills and resolution were introduced, read the first time, and referred to committees:
SB 1. By Senators Rowan of the 8th, Adams of the 26th, and Kidd of the 25th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to hospitalization and release of mentally ill persons by providing a procedure for the voluntary admission of patients, emergency admission of patients, admission of patients for evaluation, nonobjecting or involuntary hospital ization of patients, and judicial hospitalization of patients to hospitals for the mentally ill; and for other purposes.
Referred to Committee on Institutions and Mental Health.
SB 2. By Senator Abney of the 53rd: A bill to amend an Act creating the Lookout Judicial Circuit (now
TUESDAY, JANUARY 14, 1969
27
Lookout Mountain Judicial Circuit), so as to change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 3. By Senators Smith of the 18th and Holloway of the 12th:
A bill to provide for the distribution of grants to certain counties and municipalities; to provide the procedures connected therewith; to repeal an Act providing for the payment of municipal grants, approved April 12, 1967; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SB 4. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the teachers of this State, approved Mar. 19, 1943, as amended, so as to provide for the investment of a certain percentage of the assets of the system in those investments provided for in Code Section 56-1022 of the Georgia Insurance Code, as amended; and for other purposes.
Referred to Committee on Banking and Finance.
SB 5. By Senator Kidd of the 25th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, approved Feb. 3, 1949, as amended, so as to provide for the investment of a certain percentage of the assets of the System in those investments provided for in Code Section 56-1022 of the Georgia Insurance Code, as amended; and for other purposes.
Referred to Committee on Banking and Finance.
SB 6. By Senators Pennington of the 45th, Broun of the 46th, Abney of the 53rd and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, approved Feb. 3, 1949, as amended, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.
Referred to Committee on Retirement.
SR 5. By Senators Bateman of the 27th and Broun of the 46th: A resolution proposing an amendment to the Constitution, so as to
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authorize the General Assembly to provide shorter periods of county residence for persons to be allowed to vote for certain constitutional officers elected by a statewide vote and for constitutional amendments; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
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 14. By Messrs. Snow of the 1st, Hale and Crowe of the 1st:
A resolution extending congratulations on the birth of Shaw Walker Abney; and for other purposes.
The following resolution was read and adopted:
HR 14. By Messrs. Snow of the 1st, Hale and Crowe of the 1st:
A resolution extending congratulations on the birth of Shaw Walker Abney; and for other purposes.
Senator Searcey of the 2nd moved that the Senate stand adjourned im mediately after the dissolution of the Joint Session, until 10:30 o'clock tomorrow morning, and the motion prevailed.
The hour for 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, preceded by the Honorable Ben T. Portson, Jr., Secretary of State, and the ballots of the general election, proceeded to the hall of the House of Representatives. The Joint Session, called for the purpose of canvassing the election returns and declaring the results thereof, was called to order by Lieutenant-Governor George T. Smith.
The resolution convening the Joint Session was read by the secretary of the Senate.
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29
The president accepted the general election ballots and discharged the Secretary of State.
The following report was read by the secretary of the Senate:
TO THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION:
We, the tellers, appointed to canvass the votes for Associate Justices of the Supreme Court, Judges of the Court of Appeals of Georgia, and for Public Service Commissioner, beg leave to submit the following report:
For Associate Justice of the Supreme Court of Georgia
Democratic Party
W. H. Duckworth John E. Frankum H. E. Nichols (unexpired term) H. E. Nichols Hiram K. Undercofler
Vote
767,093 739,308 737,514 728,933 729,603
For Judge, Court of Appeals of Georgia
Democratic Party
John Sammons Bell Robert H. Jordan George P. Whitman, Sr. Robert Howell Hall J. Kelley Quillian Homer C. Eberhardt
Vote
728,464 730,711 730,442 726,842 722,956 721,667
For Public Service Commissioner
Democratic Party
Vote
W. H. (Bill) Kimbrough 702,524
Republican Party Al Stakely
Vote 242,344
(Write in votes on next page)
We recommend the candidates named above, who have received a majority of the votes be and they are hereby declared elected to their respective offices.
Respectfully submitted:
ON THE PART OF THE SENATE:
/a/ Billy Adams, 26th /s/ Roscoe Dean, 6th
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/s/ Joseph E. Kennedy, 4th /s/ Ford B. Spinks, 9th /s/ William A. Searcey, 2nd
ON THE PAET OF THE HOUSE:
/s/ A. B. C. Dorminy, Jr. Is/ Jack H. Cole /s/ Charles L. Games /s/ C. A. Bray, Jr. /s/ J. S. Higginbotham
Write in Votes
County Clayton
Floyd Fulton
Gwinnett
Associate Justice Supreme Court
Name
John Westmoreland Thad Clay Joe T. Lane Lexter Maddox
Vote
1 1 1 1
John Maddox
1
Associate Justice Supreme Court to
Succeed Duckworth (John
Westmoreland)
1
Howard Galloway
1
Thomas E. Addison
1
Joseph H. Casey
1
Mrs. John A. Cauble
1
G. Paul Jones, Jr.
1
John Westmoreland
2
County Clayton
Fulton
Judge Court of Appeals
Name
Harold R. Banke Edwin S. Kemp
Judge Court of Appeals to Succeed Frankum (Milligan Norton)
Vote 1 1
1
By unanimous consent, the report of the tellers was adopted.
TUESDAY, JANUARY 14, 1969
31
At the conclusion of the Joint Session for the purpose of canvassing the general election returns, under the provisions of HR 6, the Senate and House remained in Joint Session for the purpose of hearing a message by His Excel lency, Governor Lester G. Maddox.
The secretary read the resolution providing for the Joint Session.
The doorkeeper announced His Excellency, the Governor, and his committee of escort at the door, and awaited the pleasure of the General Assembly.
The president directed the doorkeeper to admit the distinguished guests, and they were admitted.
The president introduced the Governor, who addressed the General Assembly with the following remarks:
LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, DISTIN GUISHED MEMBERS OF THE GEORGIA GENERAL ASSEM BLY, HONORED GUESTS, LADIES AND GENTLEMEN OF THE RADIO AND TELEVISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS:
It is a truly great experience to participate at this hour in the history of our State and our Nation, for we have passed into the begin ning of a new age.
A stimulating age.
Full of inspiration.
Posing challenge after challenge after challenge.
It is a time requiring leadership and dedication of the highest order.
A time for us to take off the old, no longer of value, and to put on the new.
A time for new approaches to old problems.
A time to reaffirm our enduring faith--the kind of faith that was relayed to us only a few short weeks ago from across the great void of space.
A time to think and a time to pray.
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A time for man. to expand his horizons, to dream, to plan, to work, and to build.
I am encouraged and full of hope as I look out and see those with
whom I have worked so closely over past months and those who are here for the first time.
I see a blending of experience and youth which bodes well for Georgia.
I come before you on this occasion offering my full cooperation and seeking yours.
I am grateful for the close and friendly working relationship which has existed between the Members of the Legislative Branch and the Executive Branch.
A relationship which has been characterized by open doors in both Branches.
A relationship which has brought Georgia to the zenith of her growth and development.
The Governor and the Staff of the Executive Department are ready to work with you in every way to further the interests of the State and her people. I urge that you call upon me when I may be of assist ance to you - - - - and I humbly seek your understanding, your coopera tion and your counsel as we work to achieve our common goal of making ours a better State in which to live.
I am confident that a deep sense of duty will compel each of us to live up to the great trust and confidence which the electorate has placed in us, both collectively and as individuals.
The issues we face are complex, and dealing with them will be trying. But, the progress we have made should provide the inspiration needed to get the job done.
Let's look for a moment at education.
We are in the best position for qualified teachers since we have been in the business of public education. While children and classrooms in some other states have been without teachers, this has not been true in Georgia.
Rather than being faced with a critical teacher shortage, as pre dicted earlier, Georgia, according to a survey in September, 1968, was the only State in 50 with an ample supply of qualified applicants.
In this one year, alone, some 15,000 students were added. They required 600 teachers and 600 schoolrooms--the equivalent of 20 new
TUESDAY, JANUARY 14, 1969
33
30-room school buildings with all the equipment, facilities, staff and books required for them.
All of this is possible because we together had the courage and foresight to make advances in education during the past two years that exceeded any previous four years, and that of any other South eastern State during this period.
Many said it couldn't be done. But you didn't believe it.
What about higher education?
Nine out of ten Georgians now live within 35 miles of a State institution of higher learning.
We are finally competitive in holding and attracting qualified professors in the University System. We have grown from an enroll ment of 30,000 in 1960, to 77,000 in 1968--an increase of some 8,500 in this school team alone, which is more than the equivalent of starting a new Georgia Tech.
We can share full pride that Georgia has won for itself national recognition and admiration from the educational, industrial and gov ernmental leaders of this country.
You helped make this possible, too.
What about industrial development?
With your help, we have been able to do more about telling the story of Georgia's industrial opportunities in one fiscal year than in any one previous four-year period and, with the present fiscal year that closes our first biennium, our promotional program in these two years will exceed any previous 12-year period.
Dollars for new and expanded industry for the fiscal year ended June 30, 1968, amounted to more than 625 million dollars--exceeding the previous two record fiscal years combined, and the increase in fiscal 1968 alone amounted to the total increases of the previous ten years.
In a survey conducted by a national magazine among leading busi nessmen and industrialists to determine where they would like to locate their plants or make their investments, our own State of Geor gia received more favorable responses than any other State in the Southeast.
And what about mental health?
Our regional mental health program is well underway with facili ties now open in Thomasville, Bainbridge and Atlanta, one soon to be opened in Augusta, one under construction in Savannah, and one each
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planned for Rome and Columbus. These, together with the new Re tardation Center in DeKalb County, which will open this Spring, will give Georgia a decentralized mental health program without equal in the nation.
And what about penal reform?
In keeping with the open door policy of this Administration, we have thrown open Georgia's backward and benighted prison system to the scrutiny of the press and public of this State; comprehensive in vestigations of conditions in all areas of the penal system have been conducted and, when we implement the recommendations to be made to this Session, there will be true penal reformation and rehabilitation in Georgia for the first time. The time for talking and investigating is past - - - - the time for action is now.
However, in our expression of concern and compassion, and in our zeal to lend a helping hand to those who inhabit our prisons and who have moved in the wrong direction, we must also continue to meet our first responsibility of government, that of protecting the lives and property of the law-abiding citizens and achievers in this State.
It is well-known by the people of this country that there are places where this responsibility has not been met, and the people have suffered accordingly. Thank God, this condition is to a lesser degree in Georgia than in many other places. We have maintained the peace, tranquility and progress and, so long as Lester Maddox is Governor of Georgia, it
will continue!
To you young people who are now watching from elementary, high school and college classrooms - - - - you who are earning, learning and building up - - - - rather than ruining, burning and tearing down as some do - - - - you, too, are helping to make it all possible - - - - we say thanks. Your Governor, the distinguished members of your State Legis lature and your parents are proud of you.
And what about workmen's compensation?
Advances which had been actively sought for many years in the field of workmen's compensation became a reality through legislation advocated by this Administration and passed into law by you. These advances represent the greatest single increase since the enactment of Georgia's workmen's compensation law.
Just as we have made unprecedented progress in these areas, our accomplishments have been equally significant in the Departments of Labor, Veterans Service, Game and Fish, Parks, Forestry, Tourism, Public Safety, Agriculture, Revenue, Family and Children Services and Highway.
The moral tone of State Government has never been higher. Where corruption has been found, it has been cleaned up. Where inefficiency
TUESDAY, JANUARY 14, 1969
35
has been discovered, it has been corrected. Where waste has been un covered, it has been stopped.
With your support, and that of the people of this State, we brought about a new day in the State Board of Pardons and Paroles by re quiring the first investigation and reformation of the system since its beginning. There is now hope and opportunity for all prison in mates - - - black and white, the unknown and the influential.
This Administration not only has preached honesty, morality, economy and efficiency, but it also has practiced them. And it will continue to do so!
As I promised as a candidate, it has been the practice of this Administration - - - and shall continue to be - - - to make certain that the people of this State have an opportunity to participate in their government in every way possible.
I'm extremely proud that there have been more visitors to your Governor's office and the Governor's Mansion in the past two years than in the past quarter of a century.
Toward this end of involving the people of Georgia in their gov ernment, I have gone to the lowlands and the highlands - - - - to the slums and to the suburbs - - - - to the wage earner and to the wage payer - - - - to the deprived and to the provider - - - - to the schoolhouses and to the prisons - - - - to the farms and to the factories - - - to the churches and to the homes.
I am grateful for the hospitality the people and the elected repre sentatives have shown me and the confidence they have given me dur ing my Administration.
Now, my fellow Georgians, although it has been customary for Governors, including this one, to devote practically all of their State of the State messages to lengthy recitals of the accomplishments of their administrations, my purpose here today is not to dwell at length on the past, but to talk to you as candidly and as forthrightly as I know how about the future.
I think it would best serve the public interest and do more toward achieving a general enlightenment to devote the remainder of my re marks to you here today to the subject of where we are in Georgia, financially, how we got there, and where we go from here.
Prudence and sound financial administration demand that you and I recognize that the day of fiscal reckoning is at hand.
Anyone in or out of government, with but a rudimentary knowledge of finance, and familiar with the budgetary process in this State, knew that this day had to come.
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It was with full awareness of this that the Georgia House and the Georgia Senate, during the 1967 Sessions, passed resolutions calling for a thorough tax revision study to be made.
We are confronted with this situation now, and would be, regardless of who might be sitting in my chair or yours. At this hour and at this time, duty demands that we face the issue squarely and meet our responsibility.
So there may be no misunderstanding on the part of anyone-- legislator, official, newsman or taxpayer--I wish to emphasize in the strongest terms at my command that the issue is not the future of Lester Maddox or his Administration, but the future of Georgia and her people.
If our only concern were the second half of the Maddox term, then I would be delivering an entirely different message to you and to our fellow Georgians today.
And it most assuredly would not be one about raising taxes.
But what brought us to this hour of decision?
There are a number of reasons, some of which I will outline now:
Let us first consider inflation. Just as no household, no church, no Commerce Club, no business, no industry, no farm, no other state gov ernment, nor the Federal Government can escape the ravages of infla tion and the endless problems it produces, neither can your State Gov ernment.
Just as you and others in the American economy must adjust to the problems of inflation, so must State Government make the necessary adjustments to assure fiscal soundness and meet its duty to the people.
Another reason for the position in which we find ourselves is that other people throughout this nation in business, industry and all levels of government are constantly receiving wage increases and, in order to be competitive and to keep and attract qualified and able employees to provide the services demanded by the people, Georgia must also be competitive.
Then, too, we should consider that, according to a survey for the years 1965 and 1966, the citizens of 43 other states pay more state and local taxes per capita than do the citizens of Georgia.
Further, since 1965, 46 states have undergone tax structure changes resulting in increased revenues, but not Georgia. In addition, in the States of Florida and Alabama, the sales tax is four percent; in Mississippi, Kentucky and Pennsylvania, it is five percent; and in 15 states, the sales tax percentage is higher than in Georgia, and less in only seven.
TUESDAY, JANUARY 14, 1969
37
There are many other factors we could cite, but the last one of significance, and perhaps of paramount importance, which I will now refer to, concerns the use of large amounts of surplus funds in
annual appropriations.
In the Appropriations Act of 1965, including supplements later added, the budget for fiscal year 1966 contained surplus funds in the amount of 11.4 percent, and 12.2 percent for fiscal year 1967. The use of surplus funds has averaged 9.3 percent in each of the annual ap propriations for the past four years. These funds accumulated as a result of estimating anticipated revenue far below actual growth. But I am pleased, as I believe that you are, that we had surpluses, rather than deficits, for, because of them, we were able to activate, improve and expand programs that have contributed greatly to the pace-setting progress and leadership that we enjoy today.
However, it was this same practice of appropriating surplus funds to begin and expand existing programs which would entail recurring, and sometimes escalating costs in later years, which also contributed to our current dilemma.
Those in and out of State Government with a sound knowledge of finances and with even a nodding acquaintance with the State budgetary process, knew that day would come when it would be necessary to either replace these funds by a permanent means, or else drastically curtail, bring to a halt or, in some instances, even reverse our upward trend of progress and prosperity, thereby jeopardizing many of the previous investments and progress already made.
I personally will have no truck with bringing progress to a halt in Georgia. Neither do I believe that you distinguished members of this General Assembly will act in such fashion.
If NO is to be said to progress in Georgia, it will have to be said by others--not by Lester Maddox.
The Maddox Administration could get by. It could keep our State Government and its programs functioning within present anticipated revenue--although at minimal levels. Some would call it a "standstill budget", but in believing that there is no such thing as standing still in education, in government and in business, I call it a "go backwards budget".
As one who prides himself upon being a fiscal conservative and a hard-headed businessman, it would be far more popular for Lester Maddox to oppose any new or revised taxes and instead to make loud speeches about "cutting the fat" out of the budget.
But that would only postpone the day of reckoning and create a crisis of hair-curling magnitude for my successor.
This situation which confronts us is not one of our choosing or our making. It was passed on to us; and duty demands that we face the
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issue. I, for one, hope that no other Administration and no other General Assembly will ever have to inherit a similar burden.
In the interest of preventing the recurrence of this situation, I will recommend, in my Budget Message to you, the enactment of measures to provide fiscal restraints and safeguards in future budget appropriation matters that, in my judgment, should have been enacted years earlier.
One will deal directly with the use of surplus funds and the other with our working reserve. These measures, in my opinion, should have been implemented years ago, and fiscal sanity demands that they be delayed no longer.
To fail to act would betray the best, long-range interests of our State.
It would be turning our backs on our children, our needy, our city and county governments, our property owners and our business community.
It would represent an abdication of our responsibility as elected servants of the people.
Worst of all--for me, at least--it would be self-serving.
And anyone who knows anything at all about Lester Maddox knows that he takes his stands on the basis of what he believes is right, and not what is popular.
Besides, it just so happens that I believe like Mark Twain that to do what is right is best because it pleases some people, and thoroughly astounds all the rest.
So, let everyone be on notice that opposition to tax revision solely on the basis of opposition to Lester Maddox is simply not justified. Opponents will have to come up with a better reason than that.
With that at rest--hopefully for good--let us look at what really is at stake.
At stake is the fact that, under our present tax structure the local property tax in Georgia will have to be doubled over the next eight years.
At stake is the fact that, under our present tax structure, the property tax rapidly is becoming a major impediment to the location of new and expanded business and industry in Georgia and is interfering increasingly with the functions of the private free enterprise system.
At stake is the fact that, under our present tax structure, the
TUESDAY, JANUARY 14, 1969
39
poor and needy among our citizens--those whom we are trying to help pull themselves up by their own bootstraps--are being taxed twice as heavily percentagewise as are our affluent citizens.
At stake is the fact that, under our present tax structure, the State of Georgia cannot finance any new or expanded programs of services to the people, cannot provide adequate facilities for swelling public school and college enrollments and cannot staff and open the new mental health, penal and other institutions now under construction and planned.
At stake is the fact our present revenue structure will not sustain the present rate of progress in all fields of which we are all so proud, nor will it provide a sound revenue base upon which we can plan, build and grow to take our rightful place in the 21st Century, now only a little more than three decades away.
The facts are clear and indisputable.
The property tax in this state has reached a point of saturation, and the already overburdened property owner cannot be called upon to bear an even greater portion of the burden of supporting govern mental programs in Georgia.
The regressive nature of our present uncoordinated sales and income taxes is serving as a major deterrent to getting our disadvantaged citizens--those who cannot help themselves--out of poverty and into productive, tax-paying citizenship.
The spiraling local property tax is directly penalizing the establish ment, expansion and improvement of capital facilities by business and industry and threatens to halt and reverse the very encouraging eco
nomic growth spurt we are now having and which is keeping our reve nues under the present structure above maintenance level.
Every authority we have consulted has stated, without qualifica tion, that it is imperative that Georgia act now to devise a tax system which will provide our cities and counties with substantial additional revenue and create a favorable business climate by achieving fiscal adequacy and tax equality.
On Thursday, I will come before you again with bold and imagina tive proposals which I have advocated for more than ten years, and which will herald a new day benefiting all Georgians.
I will then offer them to you for your consideration, believing that if implemented, they will generate more than two billion dollars in new and expanded industry beyond what we may gain otherwise during the next decade. They will raise per capita income by several hundred dollars; they will help preserve and strengthen our local communities; and they will provide relief for the property owner who, otherwise, would continue to bear the brunt of the tax-load.
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The discrimination of our present tax structure against the poor, the property owner, and local governments cannot be justified and, if long continued, likely will set counter forces into motion which will undo all the progress we have achieved in the last quarter century.
Ladies and gentlemen, I began these remarks on a note of faith and I come to my conclusion in the same vein.
The recommendations of your Governor can be summed up in that one word:
FAITH--faith in God, faith in our representative democracy and faith in ourselves and our capacity to solve our own problems.
Senator Gillis of the 20th moved that the Joint Session be now dissolved, and the motion prevailed.
The president of the Senate announced the Joint Session dissolved.
Under the provisions of a previous motion, the Senate now stood adjourned until 10:30 o'clock tomorrow morning.
WEDNESDAY, JANUARY 15, 1969
41
Senate Chamber, Atlanta, Georgia, Wednesday, January 15, 1969.
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 J. L. Brown, pastor, Lumpkin Baptist Church, Lumpkin, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Eldridge of the 7th 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.
The president announced as the doctor of the day, Dr. Timothy Harden, and as the nurse of the day, Miss Nancy Wooten.
Senator Padgett of the 23rd 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 Senate 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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SB 7. By Senator Webb of the llth:
A bill to amend Code Chapter 53-2, relating to marriage licenses, as amended, so as to provide that the consent to the marriage of a preg nant female need not be secured if proof of her pregnancy is provided; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 8. By Senator Webb of the llth:
A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to provide that service of summons and complaint shall not need be made on the father or mother or guardian of a minor if such minor is married; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 9. By Senator Smalley of the 28th:
A bill to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved Mar. 9, 1945, as amended, so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 10. By Senator Smalley of the 28th:
A bill to amend Code Section 27-1401 relating to the date of arraignment and time for trial, as amended by an Act approved March 1966, so as to remove from said Code Section the provisions relating to giving notice of date of arraignment; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 11. By Senator Smalley of the 28th:
A bill to amend an Act revising the adoption laws of Georgia, as amended, so as to provide for the rights and obligations existing be tween an adopted child and the child's natural mother or father, who is the spouse of the adopted person; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 12. By Senator Smalley of the 28th: A bill to amend an Act creating the Trial Judges and Solicitors Retire-
WEDNESDAY, JANUARY 15, 1969
43
merit Fund, so as to remove the provision prohibiting trial judges and solicitors from practicing law while receiving retirement pay; to re peal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 13. By Senator 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 provisions relat ing to the allotment of teachers; to provide an effective date; and for other purposes.
Referred to Committee on Educational Matters.
SR 6. By Senator Miller of the 43rd:
A resolution proposing an amendment to the Constitution to provide that no local political subdivision shall raise revenue by ad valorem taxation which is greater than the ad valorem tax revenues (exclusive of taxation for bonded indebtedness) which they raised for the year 1970; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SR 7. 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 and to provide for the continuation of previous constitutional amendments; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
Referred to Committee on Judiciary.
The following bills and resolution were read the second time:
SB 1. By Senators Rowan of the 8th, Adams of the 26th, and Kidd of the 25th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to hospitalization and release of mentally ill persons by providing a procedure for the voluntary admission of patients, emergency admission of patients, ad mission of patients for evaluation, nonobjecting or involuntary hos pitalization of patients, and judicial hospitalization of patients to hos pitals for the mental ill; and for other purposes.
SB 2. By Senator Abney of the 53rd: A bill to amend an Act creating the Lookout Judicial Circuit (now
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Lookout Mountain Judicial Circuit), so as to change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 3. By Senators Smith of the 18th and Holloway of the 12th:
A bill to provide for the distribution of grants to certain counties and municipalities; to provide the procedures connected therewith; to repeal an Act providing for the payment of municipal grants, approved April 12, 1967; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 4. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the teachers of this State, approved Mar. 19, 1943, as amended, so as to provide for the investment of a certain percentage of the assets of the system in those investments provided for in Code Section 56-1022 of the Georgia Insurance Code, as amended; and for other purposes.
SB 5. By Senator Kidd of the 25th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, approved Feb. 3, 1949, as amended, so as to provide for the investment of a certain percentage of the assets of the System in those investments provided for in Code Section 56-1022 of the Georgia Insurance Code, as amended; and for other purposes.
SB 6. By Senators Pennington of the 45th, Broun of the 46th, Abney of the 53rd and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, approved Feb. 3, 1949, as amended, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.
SR 5. By Senators Bateman of the 27th and Broun of the 46th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide shorter periods of county residence for persons to be allowed to vote for certain constitutional officers elected by a statewide vote and for constitutional amendments; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
WEDNESDAY, JANUARY 15, 1969
45
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 27. By Messrs. Smith of the 43rd, Matthews of the 16th, Melton of the 32nd, and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address by Dr. Fred C. Davison, President of the University of Georgia; and for other purposes.
The following resolution was read and adopted:
HR 27. By Messrs. Smith of the 43rd, Matthews of the 16th, Melton of the 32nd, and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address by Dr. Fred C. Davison, president of the University of Georgia; and for other purposes.
Senator Johnson of the 38th addressed the Senate commemorating the birthday of the late Reverend Martin Luther King, Jr., and introduced the follow ing distinguished visitors:
Reverend Martin Luther King, Sr., Mr. George Olumagin, a representative of Nigeria, Mr. and Mrs. Akwei, representatives of Ghana, Rev. Walter E. Fauntroy, vice-chairman, District of Columbia City Council, Washington, D. C., Mr. M. G. Raja Ram, Minister of Education and Culture, Embassy of India, Wash ington, D. C., Mr. Andre Kumuamba, a representative of the Congo, Mr. Cleve land Robinson, Commissioner, New York City Commission on Human Rights, and Mrs. Rosa Park, who aided the Reverend King, Jr., in his work.
Senator Ward of the 39th addressed the Senate with the following remarks:
Mr. President, Gentlemen of the Senate:
I come before this august body today to pay tribute to a distin guished Georgian and great American.
The man of whom I speak was one of my most illustrious constit uents, a school mate of mine in College, a friend of all, and a leader among men.
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JOURNAL OF THE SENATE,
I make reference to the late Dr. Martin Luther King, Jr., who was born in Atlanta, Georgia on January 15, 1929. Today is his birthday and many Americans will pay tribute to him.
Dr. King was raised in Atlanta, attending the Public Schools and Morehouse College of this city. He later studied at Crozer Theological Seminary and Boston University. He proved himself to be a brilliant student of religion and philosophy. He is numbered among the few
Americans to win the Nobel Peace Prize.
Dr. King served his people and his Nation well. He had a deep and abiding faith in the United States Constitution and the spirit of de mocracy. His life and work will stand as testimony of his endeavors to make America a better place for all Americans to live.
A quotation from his speech at the Lincoln Memorial in Washing ton, D.C., seems to be especially fitting:
"I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of slave owners will be able to sit down together at the table of brotherhood . . .
We will be able to speed up the day when all of God's children join in the words of the old Negro Spiritual 'Free at last, free at last! Thank God Almighty, we are free at last!'."
This is my tribute to Martin Luther King, Jr., . . . "the Peaceful Warrior."
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 3. By Mr. Busbee of the 61st:
A bill to amend an Act providing the dates on which laws shall become effective, approved April 10, 1968 (Ga. L. 1968, p. 1364), so as to pro vide that said Act shall not apply to local legislation nor to resolutions intended to have the effect of law; and for other purposes.
The following report of a standing committee was read by the secretary:
WEDNESDAY, JANUARY 15, 1969
47
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 2. Do pass.
SB 8. Do pass.
SB 11. Do pass.
SR 7. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Searcey of the 2nd moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 10:00 o'clock.
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Senate Chamber, Atlanta, Georgia, Thursday, January 16, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th 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 Searcey of the 2nd 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
Senator Webb of the llth asked unanimous consent that the following resolu tion of the Senate be introduced, read the first time, and referred to committee:
SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th: A resolution creating the "Constitution Revision Commission"; and for other purposes.
The consent was granted.
The president announced as the doctor of the day, Dr. George Holloway, and as the nurse of the day, Daisy Shepherd.
THURSDAY, JANUARY 16, 1969
49
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 2. By Mr. Smith of the 3rd:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem examination and autopsy; and for other purposes.
HB 5. By Mr. Harris of the 77th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to change the provision relating to population of counties to which Section 8 does not apply; and for other purposes.
HB 6. By Mr. Harris of the 77th:
A bill to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is subject at the time of the sale; and for other purposes.
HB 9. By Mr. Harris of the 77th:
A bill to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an administrator or executor under authority of a court of competent jurisdiction or under power in a will; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 14. By Senators Webb of the llth, Johnson of the 38th and Searcey of the 2nd:
A bill to amend Title 46 of the Code of Georgia, relating to garnishment, as amended, so as to exempt wages, salaries and commissions of any person residing in this State from garnishment; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
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SB 15. By Senators Webb of the llth, Johnson of the 38th and Searcey of the 2nd:
A bill to provide that in any civil case in which money damages are sought and in which it appears likely that the judgment debtor will be unable to satisfy the judgment, or that the judgment creditor (or his successor in interest) will need to resort to additional remedies in order to obtain satisfaction, to provide the courts to which this Act applies; and for other purposes.
Referred to Committee on Judiciary.
SB 16. By Senators Webb of the llth and Broun of the 46th:
A bill to amend all Acts, Resolutions and Code Sections in which the phrase "Solicitor General" appears by striking said phrase and substi tuting in lieu thereof the phrase "District Attorney"; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 17. By Senators Spinks of the 9th, Miller of the 43rd, Cox of the 21st and others:
A bill to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holi days; to repeal conflicting laws; and for other purposes.
Referred to Committee on Business, Trade & Commerce.
SB 18. By Senators Kidd of the 25th, Hill of the 29th, Johnson of the 38th and others:
A bill relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to repeal conflicting laws; to repeal specific laws; to provide an effective date; and for other purposes.
Referred to Committee on Industry and Labor.
SB 19. By Senators Bateman of the 27th and Adams of the 26th:
A bill to amend an Act entitled "An Act to reenact the Charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts", as amended, so as to increase pension benefits payable to dependents of firemen and policemen whose deaths result in the line of duty and other causes; and for other purposes.
Referred to Committee on County and Urban Affairs.
THURSDAY, JANUARY 16, 1969
51
SB 20. By Senators Bateman of the 27th, Carter of the 14th, Webb of the llth and others:
A bill to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' Schools overseas; and for other purposes.
Referred to Committee on Retirement.
SB 21. By Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd and others:
A bill to authorize public school teachers to conduct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 22. By Senators Plunkett of the 30th and Webb of the llth:
A bill to amend Code Section 40-405, relating to the preparation of the budget report, so as to provide for a working reserve high and low in come period; to repeal conflicting laws; and for other purposes.
SR 8. By Senators Smalley of the 28th and Walling of the 42nd:
A resolution proposing an amendment to the Constitution of Georgia, so as to comprehensively revise Article VI thereof, relating to Judiciary; to transfer certain provisions of Article VI relating to the Attorney General to Article V; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Judiciary.
SR 9. By Senators Plunkett of the 30th and Webb of the llth:
A resolution proposing an amendment to the Constitution, so as to change the provisions relating to appropriation control; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Appropriations.
SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th:
A resolution creating the "Constitution Revision Commission"; and for other purposes.
Referred to Committee on Judiciary.
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The following bills were read the first time and referred to committees:
HB 2. By Mr. Smith of the 3rd:
A bill to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem examination and autopsy; and for other purposes.
Referred to Committee on Health and Welfare.
HB 3. By Mr. Busbee of the 61st:
A bill to amend an Act providing the dates on which laws shall become effective, so as to provide that said act shall not apply to local legis lation nor to resolutions intended to have the effect of law; and for other purposes.
Referred to Committee on Judiciary.
HB 5. By Mr. Harris of the 77th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to change the provision relating to popula tion of counties to which Section 8 does not apply; and for other purposes.
Referred to Committee on Retirement.
HB 6. By Mr. Harris of the 77th:
A bill to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is subject at the time of the sale; and for other purposes.
Referred to Committee on Judiciary.
HB 9. By Mr. Harris of the 77th:
A bill to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an administrator or executor under au thority of a court of competent jurisdiction or under power in a will; and for other purposes.
Referred to Committee on Judiciary.
Senator Smalley of the 28th asked unanimous consent that his name be added as co-sponsor of the following resolution of the Senate:
THURSDAY, JANUARY 16, 1969
53
SR 11. By Senators Plunkett of the 30th, Jackson of the 16th, Webb of the llth and Kidd of the 25th:
A resolution expressing deepest sorrow for the untimely passing of the Honorable Earl Staples; and for other purposes.
The consent was granted.
The following resolution was read and adopted:
SR 11. By Senators Plunkett of the 30th, Jackson of the 16th, Webb of the llth, Kidd of the 25th and Smalley of the 28th:
A resolution expressing deepest sorrow for the untimely passing of the Honorable Earl Staples; and for other purposes.
The following bills and resolutions were read the second time:
SB 7. By Senator Webb of the llth:
A bill to amend Chapter 53-2, relating to marriage licenses, as amended, so as to provide that the consent to the marriage of a pregnant female need not be secured if proof of her pregnancy is provided; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
SB 8. By Senator Webb of the llth:
A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to provide that service of summons and complaint shall not need be made on the father or mother or guardian of a minor if such minor is married; to repeal conflicting laws; and for other purposes.
SB 9. By Senator Smalley of the 28th:
A bill to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved Mar. 9, 1945, as amended, so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; to repeal conflicting laws; and for other purposes.
SB 10. By Senator Smalley of the 28th:
A bill to amend Code Section 27-1401 relating to the date of arraignment and time for trial, as amended by an Act approved March 1966, so as
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to remove from said Code Section the provisions relating to giving notice of date of arraignment; to repeal conflicting laws; and for other purposes.
SB 11. By Senator Smalley of the 28th:
A bill to amend an Act revising the adoption laws of Georgia, as amended, so as to provide for the rights and obligations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopted person; to repeal conflicting laws; and for other purposes.
SB 12. By Senator Smalley of the 28th:
A bill to amend an Act creating the Trial Judges and Solicitors Retire ment Fund, so as to remove the provision prohibiting trial judges and solicitors from practicing law while receiving retirement pay; to repeal conflicting laws; and for other purposes.
SB 13. By Senator 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 provisions relating to the allotment of teachers; to provide an effective date; and for other purposes.
SR 6. By Senator Miller of the 43rd:
A resolution proposing an amendment to the Constitution to provide that no local political subdivision shall raise revenue by ad valorem tax ation which is greater than the ad valorem tax revenues (exclusive of taxation for bonded indebtedness) which they raised for the year 1970; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
SR 7. By Senator Smalley of the 28th:
A resolution proposing an amendment to the Constitution, so as to change the provisions relating to the method of amending the Constitu tion and to provide for the continuation of previous constitutional amendments; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
Senator Coggin of the 35th asked unanimous consent that the call of the roll be dispensed with.
The consent was granted.
THURSDAY, JANUARY 16, 1969
55
Scripture reading and prayer were offered by the Reverend Gene T. Bowman, evangelist, Martinez, Georgia.
The following bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 2. By Senators Abney of the 53rd and Fincher of the 54th:
A bill to amend an Act creating the Lookout Judicial Circuit (now Look out Mountain Judicial Circuit), approved January 26, 1950 (Ga. L. 1950, p. 23) as amended, so as to change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Abney of the 53rd moved that SB 2 be immediately transmitted to the House.
On the motion, the ayes were 40, nays 0, and the motion prevailed.
The following resolution was read and adopted:
SR 12. By Senators Jackson of the 16th, Hudgins of the 15th and Holley of the 22nd:
A resolution expressing regret at the passing of Mr. James Walter Blanchard; and for other purposes.
Senator Searcey of the 2nd moved that the Senate stand adjourned after the Joint Session until tomorrow morning at 9:30 o'clock, and the motion prevailed.
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Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 2.
Respectfully submitted, Eldridge of the 7th District, Chairman.
The hour for convening the Joint Session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives, and the joint session, called for the purpose of hearing a budget message by His Excellency, Governor Lester G. Maddox, was called to order by the president of the Senate.
The resolution authorizing the Joint Session of the Senate and House was read by the secretary of the Senate.
Honorable George T. Smith, the lieutenant-governor, presented His Excel lency, the Governor, to the General Assembly.
His Excellency, the Governor, addressed the General Assembly as follows:
LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, DISTIN GUISHED MEMBERS OF THE GEORGIA GENERAL ASSEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN OP THE RADIO AND TELEVISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS:
Earlier this week, I was privileged to report to you on the progress and prosperity of the great State of Georgia.
I consider it a privilege and an honor to come before this august body today to talk to you not about what we have done, but what we must do, if the citizens of Georgia are to continue to enjoy the progress achieved in the past two decades.
During these years Georgia has been a State on the go. The past two years have been especially progressive and prosperous.
THURSDAY, JANUARY 16, 1969
57
From time to time, the General Assembly has found it necessary to make minor adjustments in our tax structure to sustain Georgia's de velopment and to promote the general welfare of our people.
However, Georgia's approach to her finances has been, in most in stances, piecemeal and haphazard. This has resulted in a total system which is currently both inadequate and inequitable. Not only does the system fail to provide for our needs, but it also abounds with regressive features.
It has been clear for some time that our State needed to take another hard look at its financial structure and determine what should be done to continue Georgia's progress and attain fiscal stability in the operation of State Government.
Through the foresight of the General Assembly, and with the co operation of this Administration, a Tax Revision Study Commission was authorized, and the results of its hearings and work have been made available to the Governor and the General Assembly.
Although several proposals were submitted, the one which I endorse, and the one upon which my budget and tax revision proposals are based, is the one prepared at the direction of the Executive Committee of the Tax Revision Study Commission.
I endorse this report because it lays particular emphasis on relieving the regressive characteristics and discriminatory aspects of our present tax structure.
It proposes fair and adequate means to close a state and local reve nue gap which could total some 841 million dollars by 1976.
It provides solutions to many problems which seriously impede the future industrial, economic and cultural growth of this State.
Acting on these recommendations, I have come today to lay before you what, in my considered judgment, is a "GROWTH AND PROGRESS BUDGET" for fiscal 1970 and 1971, and my recommendations for rev enue measures to finance it.
After considering available and anticipated revenues, I spent hours, days and weeks in determining the minimum requirements for insuring the continued growth and progress of our State.
These weeks of consultation and deliberation resulted in my recom mending to you today a budget which cuts 160 million dollars from the agency requests for fiscal 1970, and 203 million dollars from the agency requests for fiscal 1971.
I removed some items without hesitation; others were cut out re luctantly. But, to continue the sound fiscal policy of this Administra tion, I had to make my decisions not on the basis of wishes, but of
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minimum needs. The minimum needs of Georgia will require appropria tions totaling $1,115,575,797.74 in fiscal 1970 and $1,161,935,638.87 in fiscal 1971.
In determining these needs, I considered the interests of ALL Georgians. As Governor of this great State I could do no less.
I considered not only the needs of today, but of tomorrow.
I considered not what was politically expedient, but what was right.
I based my decisions upon a firm belief that the future would be brighter for every Georgia family if we started doing now what we should have been doing a decade ago and that, if we fail in providing these needs, the future will be dimmer for millions of our fellow citizens.
You have the budget document on your desk. I shall not attempt to go into exhaustive detail, but I will, instead, highlight the many advancements and improvements that adoption of this budget would accomplish.
EDUCATION
I know that you are as proud as I of the results of the crash pro grams we have undertaken at all levels of education. We are receiving national attention and acclaim for our tremendous accomplishments.
Had it not been for our breakthrough in education, the economic and industrial revolution that we now enjoy would never have been.
I believe you will agree with me that we must continue to do our best for the education of our youth--Georgia's most precious resource-- if we are to do our best for Georgia.
The Department of Education requested an increase of 87 million dollars for operations for fiscal year 1970, but my recommendation is for 58 million dollars--a 29 million dollar cut. Much that I favor and believe to be needed had to be eliminated and, in my opinion, any further reduction would be harmful to education.
Five million dollars of the recommended increase will go for one of the greatest needs in education today: that of reducing the pupilteacher ratio.
A cost of living increase of 3.5 percent is scheduled for teachers. Anything less could well jeopardize our present excellent teacher po sition.
In the November General Election, the people overwhelmingly ap proved a Constitutional Amendment giving us a mandate to make funds available for the school lunch program. In keeping with this, I am proposing that funds be appropriated to insure that wholesome lunches
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for Georgia's children continue to be served at prices within the reach of all.
Funds are included for beginning a limited 12-month school pro gram. This program, if fully implemented, would eliminate the waste that results from closing a billion dollar school plant for three months each year. Such a waste of valuable facilities could never be tolerated by private industry, and neither can it continue to be tolerated by the taxpaying citizens of Georgia.
I would like to emphasize that this program envisions a 12-month school year for schools, and not necessarily for students and teachers. It is not intended to deprive a student or a teacher of his annual vaca tion. Instead, the vacation periods would be staggered on a voluntary basis to allow different teachers and students to take their vacations at different times.
This would benefit industry by allowing more students to find va cation employment, since one group of students returning to the school could be replaced in industry or business by another group just begin ning their vacation. This program should help some students to earn funds needed to continue their education and, at the same time, it has been recommended as a partial solution to the problem of juvenile delinquency.
UNIVERSITY SYSTEM
The Board of Regents requested an increase of 32 million dollars for fiscal year 1970 and, in my recommendations, I have cut this amount to 20 million dollars.
I am convinced that the expansions, improvements and new colleges added to our University System in recent years to accommodate the ever-increasing number of Georgia youth attending college, are largely responsible for the vast industrial growth in our State and for the peace and tranquility that has been maintained on our campuses.
The increase in funds for higher education will provide a 3.5 percent increase for academic personnel. For non-academic personnel, the gen erally lower salary ranges require an 8.5 percent increase to be of any real significance.
Other funds for the Board of Regents will provide authority lease rentals to construct new facilities totaling 42 million dollars in fiscal year 1970, and 12% million dollars in 1971. These are absolutely essen tial if we are to meet regular enrollments expected to increase from the present 76 thousand to more than 90 thousand by 1970, and to a pro jected figure of 120 thousand by 1975.
FAMILY AND CHILDREN SERVICES
The Department of Family and Children Services has requested an
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increase of more than 20 million dollars. I am recommending that half that amount, ten million dollars, be appropriated.
Most of the recommended increases will go for roll growth, manda tory salary increases for county welfare workers, to initiate a work in centive program to get welfare mothers and their teenage children off welfare rolls and onto payrolls, a cost-of-living increase in grants to the aged, blind, disabled and dependent, the opening of a new 140-bed youth development center for delinquent girls at Macon, and building a new regional detention center for West Central Georgia.
These funds will permit our efforts to be directed toward getting as many people as possible off welfare rolls and toward reversing the welfare cycle.
COUNTIES AND CITIES
Now, I want to talk to you about something I have advocated and supported publicly for more than ten years--a. program that will in
crease financial assistance to county and city governments.
Had it been implemented shortly after World War II--or even in the fifties--Georgia's struggling local communities would not now be almost desperate, and several billion dollars we missed in industrial in vestments would be ours. Not only that, but per capita income in Geor gia would be serveral hundred dollars higher, and higher incomes from new jobs and improved opportunities would have generated additional revenue that could have advanced services of government far beyond our present-day levels. Moreover, the over-burdened property owner's share of the cost of operating government would be less, county and city governments would have been given new life, and crime, slum and ghetto problems would never have reached their present proportions.
I am recommending that you allocate an amount equal to one-half of one per cent of the State sales tax to counties and to county and in dependent school systems, and one-half cent to cities. I propose that the funds be returned to counties and cities on a per capita basis, and to schools on the basis of average daily attendance.
This will be no more than implementing, on the State level, the present philosophy of government of helping those who need help. We have done this for other people and their governments across the world. It is not sound fiscal policy, and we will not be putting first things first, if we continue to fail to meet the needs of our own State and our own people.
The argument that we should not collect such funds and return them to counties, cities and county and independent school systems doesn't hold water, and long ago lost whatever validity it doubtfully ever contained.
Some say that the State cannot assume the liability of maintaining county and city governments.
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If we carried this argument to its logical conclusion, then the citi zens of the counties and cities could also say that they cannot assume the liability of maintaining State Government. Where would we be if this should happen?
We must never forget that Georgia is a State comprised of coun ties and cities and that we derive all that makes Georgia successful and prosperous from the taxpayers of these local governmental units.
In returning to the people and their local governments on a per capita basis part of the money that we have collected from them, we are only giving back to the citizens of these counties and cities what is already theirs.
With this added financial assistance, they will grow stronger and better able to support State Government. That kind of "liability" we, at the State level, can well afford. I submit to you that the very survival of a great and free State Government depends upon strengthening and preserving local governments--thus we can no longer afford to do less than I am proposing to you.
During fiscal year 1968, we collected and returned to counties, cities, and county and independent school systems some 355 million dollars with some 303 million of this amount going to counties and their schools.
It is my opinion that these funds will be over 400 million dollars for fiscal year 1969 and the increase of approximately 70 million dollars that I ask you to return to counties, cities and county and independent school systems is about a 17 percent increase over present funds now being returned. Percentage-wise, this is far less than many increases previous General Assemblies have approved for many State agencies and is much less than is being requested by some at this time.
I am convinced, and have been for many years, that this program for county and city governments and school systems that I ask you to implement will be the greatest breakthrough for progress in Georgia and for her people since enactment of the Sales Tax Law in 1951.
It will help our counties and cities to provide adequate salaries for policemen, firemen and other essential personnel; to give adequate sup port to schools; to provide water and sewerage systems and other services needed to encourage expansion of existing industry and to at tract new investments; and it will help cities cope with problems of slums, ghettos, transportation and the ever-expanding needs for other services.
LOCAL OPTION
A local option sales tax would not be acceptable to me and, in my judgment, it would be regressive and unfair to most Georgians.
Such a tax plan would benefit only the citizens and property owners
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in the areas where it gained adoption--and do so at the expense of millions of other Georgians in cities and counties which found adoption of the tax impossible. Local governments unable to adopt a local option sales tax would have to get additional necessary funds from AD VALOREM taxes and, in these areas, property taxes would more than double in the next decade.
Obviously, a Statewide plan would best serve the interests of all Georgians.
And I believe that if we fail to take a bold and imaginative step now, to channel one billion dollars, over the next eight or nine years, into a program to assure progress and prosperity for all Georgians, we will doom ourselves later to pay, instead, many more billions to support ghettos and slums through increased costs of law enforcement, courts, prisons and welfare payments.
I am convinced that if we do not begin now to provide preventive measures, more billions of dollars than ever dreamed of will eventually be required for welfare programs, institutions for the lawless, and care for the poor and sick.
Ladies and gentlemen, we cannot afford the terrifying price in dollars and human misery that would be extracted from us through a failure to act and act now.
To help insure progress, prosperity and a better way of life for all of our people, to encourage home ownership, to give relief to the prop erty owners, and to provide the long overdue financial assistance to county and city governments and their school systems, I ask for your support of this program that I have outlined in brief.
PENAL SYSTEM
A matter of major concern to me, and one which I believe to be of equal concern to you and most Georgians, is Georgia's prison system.
With a few remarkable exceptions, our prison system has remained back in the 30's while the rest of our State has moved up to 1969.
The citizen who has traveled down the wrong road has had little representation at the budget table.
Until this moment, in all the history of our State, we have not had a Governor or a General Assembly to demand penal reform and then back up that demand with action.
I have taken my stand in support of total penal reform and I have confidence you will do the same. Acting where others feared to tread will enable you to save lives, to keep families together and prevent much human misery, and to prevent the loss of hundreds of millions of dollars in wages, taxes and other material values for which our present system is indirectly responsible.
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We cannot help every law violator--some of them won't let us; but, in obedience to God, and out of love for our fellowmen, we no longer can turn our backs on those that we can help.
I am asking you for funds to staff Phases One and Two of the Butts County Institution; for a 500-cell maximum security facility at Reidsville to segregate the dangerous criminals from the inmates capable of rehabilitation; for a Work and Pre-Release Center near At lanta and for funds to staff the three regional prison branches already approved and to construct six additional such facilities.
Facilities just completed, under construction, or soon to be let for construction--added to our request in this budget--will add 3,350 new spaces to our present capacity and these, with our total renovations throughout the system, will give Georgia one of the finest penal opera tions in the world.
We will expand our academic, vocational-technical, medical, food service, and the visitation and rehabilitation programs; we will also seek out and employ competent and professional help to finally make penal reform a reality in Georgia.
I am asking--yes, pleading with you to get the job done. I want both present and future generations to say, "It was the 1969 Georgia General Assembly that had the courage to do it!'
HIGHWAYS
To help save lives and to provide the accelerated highway con struction and maintenance demanded by our growing motoring public, I am asking that you increase the tax on gasoline by one and one-half cents per gallon.
In adjoining states, the tax on gasoline is already seven cents per gallon and is headed higher. It is eight cents per gallon in Louisiana and it is reportedly scheduled to be raised to ten cents.
Eight cents in Georgia will not be excessive or out of line, and the need is urgent. We must have the additional revenue to match larger and increased federal grants.
We will be able, through this proposed revenue increase, to fourlane many sections of existing two-lane roads and to add a bonding program that will improve and four-lane many city streets.
Failure to grant this essential increase will force us to reduce highway maintenance by as much as 15 million dollars, and that would cost us many millions in resulting highway deterioration from which we never would recover.
I seek your full support of this request for highways.
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PUBLIC HEALTH
Georgia's mental health program, now on the way to becoming one of the finest in the world, must be completed.
The Atlanta Regional Hospital is now open. The Augusta Hospital and the DeKalb Retardation Center will open this spring. And the Sa vannah Hospital will be ready for patients in early 1970.
We plan to begin construction of the Columbus Hospital this year and the multi-purpose Battey Mental Health Hospital in Rome next year. But no new hospitals can be built, and those already constructed, or under construction, cannot be adequately staffed without additional revenue provided by tax revision.
In the budget before you, you will also note that I have requested funds to renovate the foul-smelling, improperly heated and cooled build ings at Central State Hospital where we were appalled and sickened by the conditions we found on our visits there.
PUBLIC SAFETY
Our percentage of out-of-state visitors traveling by motor vehicle is far greater than that of any neighboring state except Florida.
Our highway fatality rate has increased from a shocking 1,621 killed in 1967 to the terrifying 1,749 slaughtered in 1968.
Ours is the largest State east of the Mississippi River and it has more than 97 thousand miles of roads to patrol. Yet, the Georgia High way Patrol is seriously understaffed when compared to our sister states.
With only 600 uniformed troopers--officers who are also called upon to preserve the peace and perform other duties--it is difficult to have more than 325 men patroling the highways during any twenty-four hour period.
Therefore, I am asking that you increase the patrol by 100 uni formed men in each of the two fiscal years. Even this will add an aver age of only one and one-fourth men to each county, which still falls far short of the number needed.
I am also asking that the beginning salary of troopers be increased to $500 monthly. We cannot afford to do less for these men who are our first line of defense.
I believe that these requested improvements, along with full imple mentation of safety legislation enacted by the 1968 Legislature, will save hundreds of lives, prevent thousands of personal injuries and avoid millions of dollars in economic losses.
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AGRICULTURE
We are asking for funds to continue the progress of the Agricul ture Department with a request for lease rental funds to rebuild or modernize State Farmers' Markets in Columbus, Macon, Augusta, Sa vannah, and Thomasville.
OTHER PROGRAMS
For Game and Fish, Forestry, Parks, Mines, Mining and Geology, Industry and Trade, Labor, Pardons and Paroles, Probation, Veterans Services, Defense, Revenue, Law and other agencies that I have not discussed, I have made my recommendations to you also only after thorough study. My response, in every case, has been to ask for the minimum I feel absolutely necessary to assure our continued progress. I could not, in good conscience, ask for less and still expect to meet the needs of our State.
In addition to wage increases I have outlined for those in public safety and education, this budget also includes a 3.5 percent annual in crease for all State employees. Towermen in the Forestry Department will be raised from $210 to $281 per month, forestry patrolmen from $352 to $416 per month and highway maintenance personnel will receive a reasonable increase.
The present reserve of $21 million is only equal to 2.5 percent of our current fiscal year budget. This is totally unsound. Obviously, you could not operate your own business with a reserve of only 2.5 percent, and neither can State Government.
Fiscal soundness and common sense demand that we take steps that should have been taken years earlier to raise State Government's "working reserve" in order to insure that the State will be able to meet its financial obligations during those periods when revenue out-go ex ceeds the revenue income.
I am proposing that the present $21 million "working reserve" be increased by $33 million to $54 million--or to a total amount equal to five percent of the proposed operating budget for 1970. Furthermore, the legislation I propose will require that this reserve be maintained at five percent.
All in all, I consider this to be a fiscally sound budget, and one planned to keep Georgia moving toward a brighter future.
TAX CHANGES
As I stated earlier, I endorse, in principle, the Papke Report, the report resulting from your proposals that a tax revision study be made for the purpose of revising Georgia's tax structure.
It recommends the following tax changes:
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To increase from three to four percent the sales tax rate with exemptions to $300 per person per year on purchases of necessities to be granted through annual income tax credits ranging from $12 downward depending on income.
Inclusion of consumer services in the sales tax base.
A change in the rate structure of the personal income tax, with a $2 credit for each taxpayer and dependent in lieu of personal exemptions and dependency deductions.
An increase in the corporate income tax.
A one and one-half cent per gallon increase in the motor fuel tax.
An increase in the cigarette tax rate, and a change in the wine tax.
The exemption of household goods from the tangible personal property tax.
This program, as outlined, provides for a reduction in the per centage of the burden of taxes borne by Georgia residents in the lower income brackets.
Let me remind you, at this point that, of the proposed increased revenues, totaling 214 million dollars, only 82 million dollars is for in creased cost of State Government to those agencies where you normally determine appropriations. The remaining 132 million dollars is for counties, cities, school systems, highway programs and for working re serve increases. Also keep in mind that this amount of 82 million dol lars is less, on an average percentage basis, than the surplus funds that were appropriated in each of the preceding four budgets.
As I explained in my State of the State message, this spending of surplus funds for programs requiring recurring, and sometimes escalat ing, expenditures is one of the chief reasons that has brought about our current dilemma. We are forced, at this point, to either replace these surplus funds with a permanent source through tax revision, or else we must turn our backs on the progress and prosperity which these surplus funds have bought, thereby jeopardizing many valuable and worthwhile investments.
As a safeguard to prevent the recurrence of this situation, I am recommending legislation that would automatically transfer from sur plus fund accumulations to the working reserve an amount sufficient to maintain it at a level of five percent of the operating budget. I am further recommending that not more than 25 percent of the remainder of any surplus accumulations be appropriation for recurring expendi tures. The remainder would be reserved to be used only for debt re tirement and non-recurring expenditures. These safeguards are long overdue. You demand these in your own business, in your factory, on
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your farm, and in your home. We must practice equal fiscal responsi bility in government.
The leadership and courage we express in our actions to be recorded in the annals of history, will testify as to whether we were bold enough to make Georgia a better place in which to live in the 1970's, 1980's, 1990's and the 21st Century just ahead. I believe--yes, I have confi dence--that your actions will set Georgia on a brighter, safer and more prosperous course.
While the citizens of our State, and much of the nation watch, I believe that they will see, and history will record that you of the 1969 Georgia General Assembly had the courage, character and dedication to put aside politics and personalities.
I believe that your decisions will be based not on what might be best for Democrats, Republicans, Independents, or some special interest, but on what is best for all Georgia citizens.
This great and beautiful and bountiful State of Georgia has un limited potential! We, as a State, and we, as a people, can be whatever we are willing to be.
But, if we are to rise as a State, and if we are to rise as a people, it must be in unison. The rich must not be allowed to climb to the top by stepping upon the bodies of the poor. And yet, the poor must not be dragged to the top, clutching to the heels of those with initiative, with ambition, and with determination.
Those who cannot run must be urged to walk. Those who cannot walk must be encouraged to crawl. And only those who cannot even crawl must be carried. Not one man, not one woman, and not one child can be left behind if we are to continue to prosper as a State and as a people, enjoying the rich harvest provided by a benevolent God.
At this difficult and trying moment in our history, I again pledge to you that I will face up to my responsibility and I have faith that you will do likewise.
Such a profound expression of leadership, courage and compassion coming from you will list yours as one of America's truly great legis latures of all times.
You may not have a monument built in your honor on Capitol Hill, but you will be assured of a permanent place in the hearts of millions of Georgians.
Yours is a grave task.
It is one that will be trying--requiring an outpouring of sweat, toil, courage, leadership, love and compassion.
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Yes, yours is an awesome responsibility. I urge you to give careful consideration to each issue to come before you, and I pray that you will not make a final decision until you reflect upon the fact that, in your decisions, you determine the fate of some four and one-half million liv ing Georgians--and that of millions more yet unborn.
I have studied Georgia's past, looked at her present and dreamed and planned for her future. And I have come to this moment with a program based upon what I believe to be in the best interests of all Georgians--rich and poor, black and white, young and old, weak and strong.
And, I am depending on you to reach your decision in the same man ner. But more than that, your fellow Georgians are depending on you.
They are looking to us all for leadership in the midst of this social, industrial, cultural, and educational revolution. They demand our best.
Only time will testify as to whether we had the vision and the courage to face the issues and do our duty.
Senator Coggin of the 35th moved that the Joint Session be now dissolved, and the motion prevailed.
The president announced the Joint Session dissolved.
Under the provisions of a previous motion, the Senate stood adjourned until 9:30 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Friday, January 17, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Eldridge of the 7th 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 Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor for today, Dr. George Sessions, and as the nurse for today, Lucia Midkiff.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
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HB 10. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A bill to amend an Act relating to pensions of the City of Albany, so as to increase the amount which the City of Albany may levy, etc.; and for other purposes.
SB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any member having at least ten years service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.
The following bills and resolution were introduced, read the first time, and referred to committees:
SB 23. 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; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 24. By Senator Johnson of the 38th:
A bill to amend Code Chapter 56-24, relating to the Insurance Contract in General, as amended, so as to provide that reimbursement under any insurance policies, certificates or service contracts shall not be denied because of race, color or creed; and for other purposes.
Referred to Committee on Banking and Finance.
SB 25. By Senators Gillis of the 20th, Cox of the 21st and Noble of the 19th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to exempt certain applicants for licenses as an agent, solicitor, broker, counselor or adjuster from the requirements of taking an examination prior to receiving a renewal license under certain con ditions; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 26. By Senator Jackson of the 16th:
A bill to amend an Act relating to the salaries of Justices of the Su preme 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
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Court of Appeals; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 27. By Senator Searcey of the 2nd:
A bill to amend an Act entitled "An Act to create and organize com missioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes.", so as to provide that said county officers shall be elected on a county wide basis by the voters of Chatham County; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 28. By Senator Doss of the 52nd:
A bill to repeal an Act establishing the Georgia Legislative Retirement System, to provide for the return of all contributions made by each member plus accumulated interest thereon; to provide an effective date; and for other purposes.
Referred to Committee on Retirement.
SB 29. By Senators Spinks of the 9th, Seareey of the 2nd, Kidd of the 25th and others:
A bill to amend an Act creating the Georgia Historical Commission, so as to provide that the Secretary of State shall fix the salary of the Secretary of the Board of Commissioners of the Georgia Historical Commission in an amount determined by the Secretary of State; and for other purposes.
Referred to Committee on Appropriations.
SR 13. By Senators Adams of the 26th and Smith of the 18th:
A resolution proposing an amendment to the Constitution so as to re move the restrictions prohibiting the State from incurring indebtedness; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
Referred to Committee on Banking and Finance.
The following bills were read the first time and referred to committees:
HB 10. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st: A bill to amend an Act relating to pensions of the City of Albany, so as
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to increase the amount which the City of Albany may levy, etc.; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any member having at least ten years service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.
Referred to Committee on Retirement.
The following bills and resolutions were read the second time:
SB 14. By Senators Webb of the llth, Johnson of the 38th and Searcey of the 2nd:
A bill to amend Title 46 of the Code of Georgia, relating to Garnish ment, as amended, so as to exempt wages, salaries and commissions of any person residing in this State from garnishment; to repeal conflict ing laws; and for other purposes.
SB IB. By Senators Webb of the llth, Johnson of the 38th and Searcey of the 2nd:
A bill to provide that in any civil case in which money damages are sought and in which it appears likely that the judgment debtor will be unable to satisfy the judgment, or that the judgment creditor (or his successor in interest) will need to resort to additional remedies in order to obtain satisfaction, etc., to provide the courts to which this Act ap plies; and for other purposes.
SB 16. By Senators Webb of the llth and Broun of the 46th:
A bill to amend all Acts, Resolutions and Code Sections in which the phrase "Solicitor General" appears by striking said phrase and substi tuting in lieu thereof the phrase "District Attorney"; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 17. By Senators Spinks of the 9th, Miller of the 43rd, Cox of the 21st and others:
A bill to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holi days; to repeal conflicting laws; and for other purposes.
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SB 18. By Senators Kidd of the 25th, Hill of the 29th, Johnson of the 38th and others:
A bill relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to repeal conflicting laws; to repeal specific laws; to provide an effective date; and for other purposes.
SB 19. By Senators Bateman of the 27th and Adams of the 26th:
A bill to amend an Act entitled "An Act to reenact the Charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts", as amended, so as to increase pension benefits payable to dependents of firemen and policemen whose deaths result in the line of duty and other causes; and for other purposes.
SB 20. By Senators Bateman of the 27th, Carter of the 14th, Webb of the llth and others:
A bill to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' Schools overseas; and for other purposes.
SB 21. By Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd and others:
A bill to authorize public school teachers to conduct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; to repeal conflicting laws; and for other purposes.
SB 22. By Senators Plunkett of the 30th and Webb of the llth:
A bill to amend Code Section 40-405, relating to the preparation of the budget report, so as to provide for a working reserve high and low income period; to repeal conflicting laws; and for other purposes.
SR 8. By Senators Smalley of the 28th and Walling of the 42nd:
A resolution proposing an amendment to the Constitution of Georgia so as to comprehensively revise Article VI thereof, relating to Judiciary; to transfer certain provisions of Article VI relating to the Attorney General to Article V; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
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SR 9. By Senators Plunkett of the 30th and Webb of the llth:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to appropriation control; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th:
A resolution creating the "Constitution Revision Commission"; and for other purposes.
HB 2. By Mr. Smith of the 3rd:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem examination and autopsy; and for other purposes.
HB 3. By Mr. Busbee of the 61st:
A bill to amend an Act providing the dates on which laws shall become effective, so as to provide that said Act shall not apply to local legisla tion nor to resolutions intended to have the effect of law; and for other purposes.
HB 5. By Mr. Harris of the 77th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to change the provision relating to population of counties to which Section 8 does not apply; and for other purposes.
HB 6. By Mr. Harris of the 77th:
A bill to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is sub ject at the time of sale; and for other purposes.
HB 9. By Mr. Harris of the 77th:
A bill to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an administrator or executor under au thority of a court of competent jurisdiction or under power in a will; and for other purposes.
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75
The following reports of standing committees were read by the secretary:
Senator Andrews of the 49th District, Chairman of the Committee on Edu cational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 13. Do pass.
Respectfully submitted, Andrews of 49th District, Chairman.
Senator Spinks of the 9th 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 re port the same back to the Senate with hte following recommendations:
SB 17. Do pass.
Respectfully submitted, Spinks of 9th District, Chairman.
Senator Coggin of the 35th asked unanimous consent that the call of the roll be dispensed with.
The consent was granted.
Scripture reading and prayer were offered by the Reverend Earl Seckinger, pastor, Hapeville Methodist Church, Hapeville, Georgia.
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A sealed communication from His Excellency, Governor Lester Maddox, was received by the secretary.
Senator Coggin of the 35th moved that the Senate do now adjourn until Monday morning, and the motion prevailed.
The president announced the Senate adjourned until Monday morning at 10:00 o'clock.
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Senate Chamber, Atlanta, Georgia, Monday, January 20, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Eldridge of the 7th 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 Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor for today, Dr. Katherine Stuckey, and as the nurse for today, Lucia Midkiff.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
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HR 24. By Messrs. Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Baldwin County, Georgia; 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 27. By Mr. Sorrells of the 24th:
A bill to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 20,200 and not more than 20,500; and for other purposes.
HB 29. By Mrs. Merritt of the 46th and Mr. Parker of the 46th:
A bill to amend an Act creating a system of retirement for employees of the City of Americus, so as to change the employer and employee contributions to said retirement system; and for other purposes.
HB 34. By Mr. Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Habersham County, so as to provide for county-wide voting by the voters when electing said commissioners; to change the compensation of said commissioners; and for other purposes.
HB 36. By Mr. Collier of the 54th:
A bill to amend an Act providing for a Charter for the City of Smithville, so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current expenses not in excess of 15 mills on the dollar upon the assessed values of all real and personal property; and for other purposes.
HB 38. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th and Paris of the 14th:
A bill to provide an expense allowance for operation of the office of District Attorney of the Western Judicial Circuit; and for other purposes.
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79
HB 39. By Messrs. Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th, Hill of the 97th, Dean of the 19th and Floyd of the 7th:
A bill to amend an Act establishing the State Department of Air Transportation, so as to change the membership of the State Board of Transportation; and for other purposes.
HB 40. By Mr. Sorrells of the 24th:
A bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change the compensation of the Sheriff; and for other purposes.
HB 41. By Mr. Sorrells of the 24th:
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 basis, so as to change the compensation of said officers; and for other purposes.
HB 42. By Mr. Sorrells of the 24th:
A bill to amend an Act creating the Office of Tax Commissioner of Walton County, so as to change the compensation of the Tax Com missioner; and for other purposes.
HB 43. By Messrs. Pickard, Buck and Jones of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th:
A bill to amend an Act entitled "An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elected salaried officers", so as to provide that employees of the Mus cogee County Hospital Authority and Muscogee County Airport Com mission shall be eligible to join the Pension Fund; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 30. By Senator Hollo-way of the 12th:
A bill to amend Code Chapter 56-3, so as to authorize the Commissioner to impose administrative fines in lieu of suspension, revocation, or re fusal to renew Certificates of Authority of insurers; to authorize the Insurance Commissioner to suspend the Certificate of Authority of any insurer as to which proceedings for receivership, conservatorship,
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rehabilitation, or other delinquency proceedings have been commenced in any State; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance,
SB 31. By Senator Holloway of the 12th: A bill to amend Code Section 56-801b, relating to the definition of certain terms, so as to change the definition of adjuster; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 32. By Senator Holloway of the 12th: A bill to amend Code Section 56-317, relating to the power of the Insur ance Commissioner to revoke, suspend or refuse to renew the certificate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such authority; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 33. By Senator Holloway of the 12th: A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to authorize the Insurance Commissioner to impose administrative fines in lieu of suspension, revocation or refusal to renew certain licenses; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 34. By Senators Stephens of the 36th, Chapman of the 32nd, Garrard of the 37th and Kidd of the 25th:
A bill to provide for amnesty of first offenders; to declare the legis lative purpose; to provide a short title; to provide definitions; to pro vide the rights, privileges and immunities of amnestied first offenders; to provide that certain records shall be privileged and confidential; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 35. By Senator Johnson of the 38th:
A bill to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to County employees of said county; and for other purposes, Referred to Committee on County and Urban Affairs.
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81
SB 36. By Senator Johnson of the 38th:
A bill to amend an Act known as the "Housing Authorities Laws", so as to provide that the authorities created by said Act shall be known as a "Housing and Redevelopment Authority" under certain circum stances; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 37. By Senator Johnson of the 38th:
A bill to amend Code Section 34-1006, relating to the qualifications of candidates, so as to change the provisions relating to the time that candidates shall qualify; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 38. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta", so as to fix the salaries of the judges of the Criminal Court of Pulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 39. By Senator Johnson of the 38th:
A bill to amend an Act providing for minor children to be eligible for widow's pension, where there is no widow; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 14. By Senators Hudgins of the 15th and Jackson of the 16th:
A resolution relative to the National System of Interstate and Defense Highways; and for other purposes.
Referred to Committee on Highways.
SR 15. By Senators Webb of the llth and Bateman of the 27th:
A resolution creating the "Central Printing Agency Study Committee"; and for other purposes.
Referred to Committee on Rules.
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The following bills and resolution were read the first time and referred to committees:
HB 27. By Mr. Sorrells of the 24th:
A bill to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 20,200 and not more than 20,500; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 29. By Mrs. Merritt of the 46th and Mr. Parker of the 46th:
A bill to amend an Act creating a system of retirement for employees of the City of Americus, so as to change the employer and employee contributions to said retirement system; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 34. By Mr. Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Habersham County, so as to provide for county-wide voting by the voters when electing said commissioners; to change the compensation of said commissioners; and for other purposes-
Referred to Committee on County and Urban Affairs.
HB 36. By Mr. Collier of the 54th:
A bill to amend an Act providing for a charter for the City of Smithville, so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current expenses not in excess of 15 mills on the dollar upon the assessed values of all real and personal property; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 38. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th and Paris of the 14th:
A bill to provide an expense allowance for operation of the office of District Attorney of the Western Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs,
HB 39. By Messrs. Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th and others:
A bill to amend an Act establishing the State Department of Air
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83
Transportation, so as to change the membership of the State Board of Transportation; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 40. By Mr. Sorrells of the 24th:
A bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change the compensation of the Sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 41. By Mr. Sorrells of the 24th: 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 basis, so as to change the compensation of said officers; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 42. By Mr. Sorrells of the 24th: A bill to amend an Act creating the Office of Tax Commissioner of Walton County, so as to change the compensation of the Tax Com missioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 43. By Messrs. Pickard, Buck and Jones of the 84th, Thompson and Davis of the 86th and Berry and Thompson of the 85th:
A bill to amend an Act relating to permanent pension fund for present and future employees of Muscogee County, so as to provide that em ployees of the Muscogee County Hospital Authority and Muscogee County Airport Commission shall be eligible to join the Pension Fund; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 24. By Messrs. Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
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The following bills and resolution were read the second time:
SB 23. 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; to provide for severability; to repeal conflicting laws; and for other purposes.
SB 24. By Senator Johnson of the 38th:
A bill to amend Code Chapter 56-24, relating to the Insurance Contract in General, as amended, so as to provide that reimbursement under any insurance policies, certificates or service contracts shall not be denied because of race, color or creed; and for other purposes,
SB 25. By Senators Gillis of the 20th, Cox of the 21st and Noble of the 19th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to exempt certain applicants for licenses as an agent, solicitor, broker, counselor or adjuster from the requirements of taking an examination prior to receiving a renewal license under certain conditions; to repeal conflicting laws; and for other purposes.
SB 26. By Senator Jackson of the 16th:
A bill to amend an Act relating to the salaries of Justices of the 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; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 27. By Senator Searcey of the 2nd:
A bill to amend an Act entitled "An Act to create and organize com missioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes.", so as to provide that said county officers shall be elected on a county-wide basis by the voters of Chatham County; and for other purposes.
SB 28. By Senator Doss of the 52nd:
A bill to repeal an Act establishing the Georgia Legislative Retire ment System, to provide for the return of all contributions made by each member plus accumulated interest thereon; to provide an effective date; and for other purposes.
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SB 29. By Senators Spinks of the 9th, Searcey of the 2nd, Kidd of the 25th and others:
A bill to amend an Act creating the Georgia Historical Commission, so as to provide that the Secretary of State shall fix the salary of the Secretary of the Board of Commissioners of the Georgia Historical Commission in an amount determined by the Secretary of State; and for other purposes.
SR 13. By Senators Adams of the 26th and Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to re move the restrictions prohibiting the State from incurring indebtedness; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HB 10. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A bill to amend an Act relating to pensions of the City of Albany, so as to increase the amount which the City of Albany may levy; and for other purposes.
HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any member having at least ten years service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.
Scripture reading and prayer were offered by the Reverend Bobby Jones, pastor, Bio Baptist Church, Hartwell, Georgia.
The following resolution was read and adopted:
SR 16. By Senators Plunkett of the 30th, Webb of the llth, Holloway of the 12th and Garrard of the 37th:
A resolution for the purpose of commending the municipal officials and employees of Georgia upon the occasion of the Eleventh Annual Georgia Mayors' Day; and for other purposes.
Senator Smith of the 18th introduced the Honorable Richard B. Ray, Mayor of Perry, Georgia, who addressed the Senate with the following remarks:
LT. GOVERNOR GEORGE T. SMITH AND PRESIDENT OP THIS DISTINGUISHED BODY, SENATORS AND STATESMEN OF THE
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GREATEST STATE IN AMERICA, HONORED GUESTS AND FRIENDS . . .
Lt. Governor Smith, I thank you for the introduction. But inasmuch as the Georgia Municipal Association has provided you gentlemen with several pieces of mail with my name affixed, I thought perhaps you might have introduced me as needing no introduction.
I suppose, however, knowing the tragic plight of cities and being familiar with their many problems, you thought I needed all of the help I could get ... I do and we do.
I thank you for this opportunity and for the pleasure to speak to you briefly this morning. It is a pleasure, because as I look out upon you gentlemen this morning, some of you freshmen Senators and many of you veterans of this great body, I realize that the future of Georgia and its rapidly growing populations in cities and towns is indeed in capable hands.
Gentlemen, I know that I do not have to tell you that these are extremely trying times, and the issues which you face in this 1969 session are issues which require the skill and guidance of capable hands. Indeed, these complex problems to which you must find the solutions deserve no less than the most careful and intelligent consideration, which I know will be given.
Now as the mayor of a small Georgia city, and a representative of all the cities in Georgia and more than 60% of all Georgians, I am most interested in one of the problems facing you and us. This problem is Georgia's greatest problem--the tragic plight facing our cities and towns today and the deplorable situation we face within a few years, should our Georgia General Assembly fail to act, not in 1970 or 1971, but during the 1969 session of the General Assembly. Our problems are your problems and they merit your most careful and serious con sideration--I know they will receive it. If Georgia is to realize the potential of the next few years, it must, beyond a shadow of a doubt, have progressive local and state government.
Unfortunately, we have reached a period in Georgia where local government cannot be progressive without serious legislation being enacted during 1969 by State government. The key to strong State government lies in providing all local governments in the State with the necessary resources to help themselves. We know that you do not, as we officials of local government do not, want legislation passed which would help some municipalities at the expense of others. WE MUST HAVE HELP AND WE MUST HAVE IT THIS YEAR. You distinguished gentlemen of the Senate have the collective power to make decisions which will provide Georgia's urban areas and the ma jority of Georgia's citizens with favorable legislation needed for many years. You are familiar with our needs. Therefore I need not go into a lengthy restatement of our position. But as you deliberate upon our problems and the legislation which will solve them, we ask that you feel free to call upon us for any assistance or information which we may provide for your consideration and understanding.
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I wish now, in closing, to extend to each of you a personal invitation to be the special guest of the Georgia Municipal Association this eve ning at our annual Mayors' Day reception and banquet. We look for ward to meeting you and your wives at 6:00 P.M. at the Marriott Motor Hotel.
In closing, I am reminded of the definition of a statesman and the definition of a politician ... A statesman guides, leads and directs, while a politician simply is satisfied to drift and vote with the majority. I submit, gentlemen, that I have spoken this morning to statesmen.
Thank you.
Under the provisions of HE 27, the president appointed as a Committee of Escort for the Honorable Fred Davison, President of the University of Georgia, the following:
Senators Broun of the 46th, chairman, Searcey of the 2nd, Plunkett of the 30th, Jackson of the 16th and Vann of the 10th.
The following general bills favorably reported by the committees, were read the third time, and put upon their passage:
SB 8. By Senator Webb of the llth:
A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to provide that service of summons and complaint shall not need be made on the father or mother or guardian of a minor if such minor is married; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 11. By Senator Smalley of the 28th:
A bill to amend an Act revising the adoption laws of Georgia, as amended, so as to provide for the rights and obligations existing between
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an adopted child and the child's natural mother or father, who is the spouse of the adopted person; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Smith of the 18th asked unanimous consent that the Senate adjourn to the Joint Session and immediately on the dissolution of the Joint Session to return to the Senate chamber for the passage of bills.
The consent was granted.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for purpose of hearing an address by the Honorable Fred C. Davison, president of the University of Georgia, 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.
Dr. Davison, accompanied by the committee of escort and other distinguished guests, appeared upon the floor of the House.
Lieutenant Governor George T. Smith introduced the Honorable Chappelle Matthews, representative from the 16th District, who introduced Dr. Davison and presented him to the members of the General Assembly.
Dr. Davison addressed the Joint Session with the following remarks:
I am sure that all boys have spent their share of time day dreaming. Certainly I remember in my own boyhood many exciting and intriguing adventures that happened only in my mind, but never in my wildest dreams did I foresee the day that I would be honored by an opportunity
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to address the General Assembly of this my home state. I appear before you today with a deep sense of respect and appreciation not only for your great accomplishments and the outstanding leadership that you have provided, but also with appreciation for the tremendous problems that you face as you meet here to guide our destiny. Perhaps never before has the challenge to become men of destiny been clearer to the
members of a Georgia Assembly than it is for you.
I am also honored to serve my state and to work with you in realizing her full potential. I have viewed Georgia from the vantage point of other locations and I have never been so convinced of any single fact as I am that here is the greatest opportunity and here is our best chance of developing a society unequalled in any other part of the world today, or, for that matter, in history. This is a land of promise and it is an humbling experience to share with you the great privilege of helping to develop that promise.
I am firmly convinced that education, perhaps more than any other factor, will help us to realize Georgia's potential. The central role of education in the development of human affairs is well documented in other parts of the country and in our own experiences as we have reached for higher levels of economic activity and a better life.
We have a state richly endowed with all the natural resources necessary to sustain us. We have the best people on earth. The develop ment of our human resources and the wise use of our natural resources are our responsibilities in education. Our geographic location has always been strategic in the South, but modern methods of communication and transportation have broken many barriers. Georgia has been thrust into the mainstream of life and into competition with the rest of the nation as we strive to improve our economic and cultural life. The graduates of our institutions compete for jobs and positions of leader ship with graduates of the finest institutions anywhere, and economic opportunity in Georgia, more and more, seeks the best prepared indi vidual whether he be Georgian or Californian.
With your wise leadership, and with the guidance of the Chancellor and the Board of Regents of the University System, Georgia has started her greatest move in the field of higher education. And, today we are achieving a significant momentum in providing opportunity in higher education--a momentum toward long-sought goals. Perhaps our great est single asset is the result of the vision and action of Senator Russell, who, while Governor, saw the need for setting up the kind of board for the development and control of higher education that almost every other state in this nation would like to copy if it could. The genius of his plan provides a framework within which the maximum return from our resources can be realized. As a result, we have a plan; we have coordi nation; we have assessed our needs; we know our goals; and we have had your support.
We know that we have more young people of college age today than ever before. We know that a greater percentage are qualified for and must have college education. In 1960, the System institutions en rolled 30,700 students. Today, they have a total enrollment of 76,200--
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more than two and one half times as many students as eight years ago. By 1970, conservative estimates predict an enrollment of 90,000 students in System units--a tripling of students in a ten-year period.
To provide the opportunities and resources that these, and the students who come after, will need calls for breadth of vision and a determination to use our dollars wisely. The System as a whole must be responsive to Georgia's needs in a way that is economically feasible. Although we are a growing state, our per capita income still lags some 20 per cent behind the average for the nation, and the degree-credit enrollment of the college-age population last year was only 28 per cent in Georgia against a national average of 48.8 per cent. This is also 20 percentage points behind the national average. The demand for our best thinking, our most dedicated effort, and our determination to persevere is clear.
In the assessment of needs and the setting of goals, we have as signed responsibilities to various units of the System, and we have achieved a degree of coordination and cooperation from which each of the individual units draws increasing strength. Within the past five years, six new junior colleges have been opened, and four existing junior colleges have been converted to full four-year status. These institutions are providing more opportunity, more readily available to more of our young people. Today, 90 per cent of our Georgia citizens are within 35 miles of at least one of the units of the University System.
As more opportunities have become available, The University of Georgia and Georgia Tech have been assigned unique responsibilities for providing a capstone of quality education. As integral parts of the System, we are a key to the pace of its progress and the quality of its success. We recognize at the University that this System of higher education will never be better than our institution and, indeed, if we do not establish high standards of quality the entire system will suffer.
I would like to remind you once more that our greatest resource in this state is our people, and for many years too many of our talented young Georgians had to seek their challenges in higher education else where, often never to return. Today, Ladies and Gentlemen, the picture is changing. Our young people are finding opportunities here that will prepare them for competition with their peers no matter where those peers go to school. Indeed, your University is attracting not only many of our own best minds but many outstanding young people from across the nation--some of whom will remain to become Georgians and play important roles in the future of the state.
Today there are 81 National Merit Scholars among our under graduates. They were in the upper one per cent of their high school graduating classes. Last year, the University of Texas with 89, and Duke University with 94, were the only two Southern institutions that ex ceeded this number of National Merit Scholars.
We have at the University one of the finest groups of young men and women ever to attend the institution. Our entering freshmen this coming Fall will have an average high school grade of above "B" and
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an average College Entrance Board score of 1050. This average student will be among the upper 25 per cent of high school graduates through out the country. Of this we can be extremely proud.
Our transfer students are coming to us largely from within the University System with excellent records, and our graduate students come with records of "B" or better, and each brings a recommendation of three professors.
These students are our primary challenge at the University. Our chief goal is that of educating these young people now, and others like them in the years to come. For them we are attempting to create as near an ideal climate for learning as we know how, even though the task is producing stress and strain on both our faculties and facilities.
Two years ago, with support made available by this body, the Chancellor and the Board of Regents gave the University a mandate to become a capstone of strength and quality. With this mandate came the resources to bring our faculty up to formula level. This has meant the growth by almost 50 per cent of our faculty. It has brought a 65 per cent increase in non-academic personnel so that the teacher may be released to be a teacher rather than a secretary, a stenographer or file clerk. The job of filling over 450 new academic positions has been a monumental task but one that we assumed with enthusiasm, and one that has been accomplished with remarkable success by our faculty and administration. We have brought into our ranks outstanding indi viduals from other great institutions such as Harvard, Yale, Johns Hopkins, Minnesota, North Carolina, Northwestern, Texas, Tulane, and many others. Some of these are Georgia alumni who have distinguished themselves in other institutions, and we have been able to bring them back home. All are top people. We have been able to recruit them even though our faculty salaries are only barely competitive with the insti tutions from which they come. A growing national recognition that the State of Georgia is committed to improve education has been one of our greatest drawing cards.
We know that we must produce an optimum situation between these teachers and their students. We have made every effort to reduce class size, and, indeed, our average class size today is approximately 21 students. To bring this about we use our classrooms approximately 100 per cent on the basis of a 40 hour week. Most universities consider 75 per cent an effective utilization figure. We have expanded the teach ing day to the tenth, eleventh, and twelfth periods, and we now have classes running until 10 o'clock at night.
It has been necessary to keep parts of our library open until 1 o'clock in the morning, to operate our campus bus system until after 9 o'clock at night, and to keep many buildings open in the evening for study purposes. We are requiring heavier loads of our faculty and students, but they have accepted this as an opportunity for better teach ing, and cooperation has been phenomenal. We have greatly improved our academic advising and counseling program. Today we do not intend
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for any student at The University of Georgia to lack for individual attention or assistance.
We have a good dormitory tutorial program designed to provide all students in certain courses with competent assistance when needed without extra charge. We have significantly reduced our reliance on the use of graduate teaching assistants and we have devised more appro priate ways to employ graduate students in the instructional and research programs. For example, many graduate students now work as laboratory assistants, tutors, monitors, and in conjunction with senior professors who carry the main responsibility for classroom instruction. Today, we generally require teaching assistants to have the master's degree or its equivalent and in many cases they also have had previous teaching experience.
A highly successful orientation program brings entering students to the campus in the summer in groups of 200, so that we can meet with them in a more leisurely atmosphere to plan their study programs on an individual basis.
One of our highest priorities has been library resources which constitute the very heart of effective teaching programs. Our budget for acquisitions has been doubled, and last year the use of library resources by faculty and students rose by 20 per cent to a record high. This year, already, the use has increased 16 per cent over last year. I might point out that as a routine matter, we share our library resources with other units of the University System.
In the field of research, the University has made tremendous strides in the recent past. There is a misconception that I feel must be rectified at this point and that is that a research program is carried on at the expense of an instructional program and that one detracts from the other. In an institution such as ours, nothing could be further from the truth. At The University of Georgia, the research program is the teaching program at the post baccalaureate level. It is here that we are able to offer today what this state has not been able to offer its citizens before.
Our resident graduate student enrollment in 1960 was 600. Two years ago, we enrolled 1700 graduate students in the Fall Quarter. Last year the figure was 2100, and this past Fall 2700. In 1960, we awarded 4 doctoral degrees. This year we will award approximately 135 doctoral degrees. Most of these candidates will have devoted from five to seven years in graduate work to qualify for their degrees. Since 1960, the University has moved into the top 100 doctoral degree granting insti tutions in the United States.
The impact of this level of training on our state is almost beyond comprehension. While the prime responsibility of the research program is that of providing the laboratory and teaching environment for the training of students there are parallel outputs of great value to each of us and to the State. These include, of course, new information, new procedures, and new concepts. Our faculty with their students are
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93
working on problems ranging from agriculture to zoology. We are con cerned not only with the mechanics of life but also with the quality of living. We are working at the molecular level in trying to understand processes such as cancer, reproduction and other complex chemical phenomena, and we are trying to understand through ecology the inter relationship of all factors of our environment.
New business methods, new methods of learning, high pressure reactions in geology, movements of people and political systems, the effect of music on the mentally disturbed, transmission of disease and the processes by which the body can protect itself--these are but a few of our interests.
When you realize that each doctoral candidate receiving his degree from the University must contribute through original research to the body of knowledge and that we have over 60 major areas of concentra tion, the impact of such a program becomes apparent. From such ex plorations have come whole new economies in other parts of the country, and such will be the case in Georgia. From such activity has also come the basic understanding which has made the solution of many of our medical, social, legal, and political problems possible.
From the ranks of our graduate students will come persons to fill top-level positions in education, industry, government, and other pro fessions.
The professors responsible for our research program have done a magnificent job for Georgia in a highly competitive market. Last year, they produced over 13 million dollars in outside gifts and grants and they earned this money for us in competition with their peers across the country. Only because of their initiative and activity can we pro vide the opportunities that our graduate students must have.
A fact worth noting about our graduate and research program is the obvious recognition of its quality outside Georgia. Graduate students are not forced to come to us. They come because they are attracted by the national reputation of our people, or because the University has been recommended to them by outstanding faculty members in insti tutions where they completed undergraduate work.
In addition to graduate degree candidates, we are accepting an increasing number of post doctoral workers on our campus--89 this year, more than three times the number we had three years ago. More than half of this group has come to us on grants from outside sources. All hold their doctoral degrees. Many are well along in their careers, but they have come to us for advanced study because of the quality of our resources and the singular nature of our programs.
Linked with our momentum toward a new excellence in teaching and research is a vigorous drive to extend our resources beyond the borders of the campus. The good universities of this country are no longer ivory towers and none recognizes with a clearer focus than The University of Georgia that it has definite responsibilities to a
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sponsoring society beyond the limits of its own campus and that indeed every citizen of this state should benefit by our presence. I don't have to describe to you the rich heritage established by the Extension Service in the College of Agriculture--a service that for many years has reached into every county and to most of the homes of Georgia. Few people realize, however, that today we have made our complete pool of talent and resources available to all of the citizens of Georgia through many other service programs. Our Institute of Community and Area De velopment, the Institute of Government, the Institute of Higher Educa tion, the Bureau of Business Research, the Center for Management Systems, and the Institute for Employee Relations have also gone out into the state to help our sponsoring society solve its problems. A funda mental concept which we hold is that of the responsibility of people for their own community development. We have been privileged to be a part of the spectacular new planning of the 17 area planning and development commissions which are helping to reshape the state. We have been proud that this partnership has challenged the very broadest and best of our resources. And here again, we have had the advantage of moving in concert with other units of the University System to help Georgia move foward.
The people of Georgia have for a good many years been building a new economy and remodeling their communities. In this gigantic undertaking, new and sometimes very complex problems emerge. The strains upon local and state governments are increasing, and the needs for training programs for public officials are multiplying. The Uni versity, as in research, is doing exciting and innovative work here. Some of you may have seen the approach we have made by television and conference work to the training of more than 3,000 law enforce ment officers in more than 120 locations across Georgia. Each year we provide training programs for more than two thousand officers of county, municipal and state governments. The Georgia Center for Con tinuing Education last year alone reached over 80,000 people--people who sought more knowledge, a keener insight, a deeper understanding and new ideas needed to change direction in order to do a better job. We are pleased that most of you have come to this Center and made use of our resources as you prepared to assume your responsibilities as members of this Assembly. Toward the end of this month, we will launch at the Center a series of conferences based on the idea that in Georgia we can do it ourselves through community leadership. After the initial conference in the Center calling upon many media to tell the story, we will schedule meetings around the state so that Georgians everywhere can benefit.
Most of us have seen the long and short range results of a service program in agriculture. We have seen the fantastic development of the poultry industry, and we are viewing the introduction of new crops like soybeans into our economy. While we have only scratched the sur face in what needs to be done in agriculture, we have demonstrated that we can take findings of our research and teaching programs and make them useful to citizens of this state. We intend to do this through our service program and in full partnership with other units of the University System, not only in agriculture but in all areas for which we have been assigned responsibility. City as well as rural problems are ours. The probems of education are ours along with those of law
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95
enforcement and effective government. Mental health, in part, is our responsibility. In all these areas we are committed to help the people of Georgia work toward solutions of their problems.
In company with the other units of the System, The University of Georgia has come a long way. Historically we are the oldest chartered state university in this country. Today, in action we are one of the youngest and most vigorous. But with all our achievements we are still only at the threshold. In fact, we are probably at the most critical juncture in our history. We now have the opportunity to move decisively from a generally acceptable position to one of excellence--a position of national eminence. Our momentum and our level of quality have been achieved only by rigid discipline of our resources and by the setting of priorities. We have established programs of particular merit in the biological sciences, in education, in art, and in law, because these areas cut across all of life's tissue and affect critically the way we live and the quality of our life. These programs have attracted national recognition and substantial outside support and have created a reputation for the University that has benefitted all our other pro grams. We intend to continue this pattern of establishing priorities and working toward specific objectives, for while it is the most difficult it is also the surest way of developing in time all our programs to the level of excellence which is our goal.
We believe that no greater contribution could ever be made to this state than the realization of that goal.
We recognize that these are days of great need, and that these needs are all justified. It is our sincere feeling, however, that investments in higher education will treat the basic weaknesses of our economic and cultural life rather than attack the symptoms alone.
We have established remarkable momentum in moving toward our goals, but to reach these goals we must sustain our pace. All about us are evidences that Georgia is a growing, changing state. But as we all know, growth and change inevitably present challenging and per plexing problems. I am confident that in Georgia we have almost unlimited potential in human and natural resources by which we can rise to meet these challenges and in so doing build for Georgians a state in which not only they, but citizens throughout our great country, can take justifiable pride.
Senator Coggin of the 35th moved that the Joint Session be now dissolved, and the motion prevailed.
The president announced the Joint Session dissolved, and the senators re turned to the Senate Chamber and resumed the regular order of business.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
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SB 13. By Senators Carter of the 14th, Stephens of the 36th, Andrews of the 49th, Kennedy of the 4th, Vann of the 10th, Riley of the 1st, Noble of the 19th, Young of the 13th, Rowan of the 8th and Cox of the 21st:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Jan. 24, 1964, (Ga. L. 1964, p. 3), as amended, so as to change the provisions relating to the allotment of teachers; to provide an effective date; and for other purposes.
Senator Smalley of the 28th offered the following amendment:
Amend SB 13 by renumbering Sections 2 and 3 as 3 and 4 re spectively and by adding a new Section 2 as follows:
"2. Implementation of the foregoing section shall be subject to the appropriation of funds by the General Assembly."
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 39, nays 0.
The bill having received the requisite constitutional majority, was passed as amended.
Senator Andrews of the 49th moved that SB 13 be immediately transmitted to the House.
On the motion, the ayes were 39, nays 0, and the motion prevailed.
SB 17. By Senators Spinks of the 9th, Miller of the 43rd, Cox of the 21st, Searcey of the 2nd, Kidd of the 25th, Smith of the 34th, Fincher of the 54th, Carter of the 14th, Garrard of the 37th and Scott of the 17th:
A bill to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943, (Ga, Laws 1943, p. 331), as amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes.
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97
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Spinks of the 9th moved that SB 17 be immediately transmitted to the House.
On the motion, the ayes were 40, nays 0, and the motion prevailed.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 13.
SB 17.
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Coggin of the 35th moved that the Senate resolve itself into execu tive session to consider a communication from His Excellency, Governor Lester G. Maddox:
On the motion, the ayes were 39, nays 0.
The motion prevailed, and the Senate resolved itself into executive session.
The executive session was dissolved, and the Senate resumed the regular order of business.
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The following communication was dispatched to His Excellency, Governor Lester G. Maddox:
OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334
January 20, 1969
Honorable Lester G. Maddox Governor State Capitol Atlanta, Georgia
Dear Governor:
Under the rules governing executive sessions of the Georgia State Senate, the Senate took under consideration in executive session the nomination of Honorable W. Ernest Buckner of Fulton County, Georgia, as a member of the State Board of Workmen's Compensation, for a term beginning January 12, 1968, and ending January 12, 1972, which was sent to the Senate under your communication dated January 17, 1969.
I have the honor to report to you that upon this confirmation the vote was ayes 49, nays 0, and the nominee, Honorable W. Ernest Buck ner, was confirmed by the Senate.
Respectfully submitted,
/s/ Hamilton McWhorter, Jr. Hamilton McWhorter, Jr. Secretary of the Senate
HMcW:ae
Senator Coggin of the 35th 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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99
Senate Chamber, Atlanta, Georgia, Tuesday, January 21, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Eldridge of the 7th 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 Kennedy of the 4th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
Senator Smalley of the 28th asked unanimous consent that the order of busi ness be amended so that after the reading and passage of general bills, the Senate could entertain a motion to override vetoes on any of the Senate bills vetoed by the Governor and returned to the president of the Senate since the convening of the 1969 seession.
The consent was granted.
The president announced as the doctor for today, Dr. James A. Kaufmann, and as the nurse, Marilyn Rosecrans.
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The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 54. By Mr. Sorrells of the 24th:
A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.
HB 55. By Mr. Sorrells of the 24th:
A bill to amend an Act changing the manner and method of choosing members of the Board of Education of Walton County, so as to provide that members of the Walton County Board of Education shall be elected by the electors of the Walton County School District; and for other purposes.
HB 56. By Mr. Gunter of the 6th:
A bill to amend an Act creating 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 57. By Mr. Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Haber sham County, so as to change the compensation of the commissioners; and for other purposes.
HB 65. By Messrs. Parker, Lane and Nessmith of the 44th:
A bill to grant a new charter to the Town of Newington in Screven County; and for other purposes.
HB 67. By Messrs. Dodson of the 82nd, Knapp, Keen, Evans and Pinkston of the 81st, Grahl of the 40th, Peterson and Nunn of the 41st:
?
A bill to provide that the salary of each of the Judges of the Superior
Courts of the Macon Judicial Circuit shall be supplemented by payments
to be made from the treasuries of Bibb, Houston, Peach and Crawford
Counties; and for other purposes.
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101
HB 28. By Messrs. Rowland and Douglas of the 42nd and Hudson of the 48th:
A bill to amend Code Section 40-2002, relating to the mileage allowance for State officials and employees, so as to increase said allowance; and for other purposes.
The following bills and resolution were introduced, read the first time, and referred to committees:
SB 40. By Senator Maclntyre of the 40th: A bill to amend an Act establishing the State Employees' Retirement System, so as to provide that certain current members shall be entitled to prior service certificates pertaining to certain prior service; and for other purposes.
Referred to Committee on Retirement.
SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th: A bill to amend Code Title 56 known as the "Georgia Insurance Code", to make certain changes in regard to hospital care; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 42, By Senator Walling of the 42nd: A bill to create a Board of Elections and Registrations in each county of this State having a population of more than 250,000 and less than 500,000 according to the 1960 U. S. Decennial Census and any future census; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 43. By Senator Johnson of the 38th: A bill to amend the Act providing that cities having a population of more than 150,000, as disclosed by the U. S. Census of 1920, or any sub sequent census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in this Act; to repeal con flicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 44. By Senators Johnson of the 38th and Coggin of the 35th: A bill to amend an Act creating the Civil Court of Pulton County, so
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as to change the compensation of the judges thereof; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 17. By Senator Pincher of the 54th:
A resolution proposing an amendment to the Constitution, so as to pro vide that tangible personal property temporarily consigned to a storage facility in this state while in transit shall be a separate class of tangible property for ad valorem taxation purposes and shall be exempt from all ad valorem taxation; and for other purposes.
Referred to Committee on Industry and Labor.
The following bills were read the first time and referred to committees:
HB 28. By Messrs. Rowland and Douglas of the 42nd and Hudson of the 48th:
A bill to amend Code Section 40-2002, relating to the mileage allowance for State officials and employees, so as to increase said allowance; and for other purposes.
Referred to Committee on Appropriations.
HB 54. By Mr. Sorrells of the 24th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 55. By Mr. Sorrells of the 24th:
A bill to amend an Act changing the manner and method of choosing members of the Board of Education of Walton County, so as to provide that members of the Walton County Board of Education shall be elected by the electors of the Walton County School District; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 56. By Mr. Gunter of the 6th:
A bill to amend an Act creating 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 Urban Affairs.
TUESDAY, JANUARY 21, 1969
103
HB 57. By Mr. Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Habersham County, so as to change the compensation of the commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 65. By Messrs. Parker, Lane and Nessmith of the 44th: A bill to grant a new charter to the Town of Newington in Screven County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 67. By Messrs. Dodson of the 82nd, Knapp, Keen, Evans and Pinkston of the 81st, Grahl of the 40th, Peterson and Nunn of the 41st: A bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions were read the second time:
SB 30. By Senator Holloway of the 12th:
A bill to amend Code Chapter 56-3, so as to authorize the Commissioner to impose administrative fines in lieu of suspension, revocation, or re fusal to renew Certificates of Authority of insurers; to authorize the Insurance Commissioner to suspend the Certificate of Authority of any insurer as to which proceedings for receivership, conservatorship re habilitation or other delinquency proceedings have been commenced in any State; to repeal conflicting laws; and for other purposes.
SB 31. By Senator Holloway of the 12th:
A bill to amend Code Section 56-801b relating to the definition of certain terms so as to change the definition of adjuster; to repeal conflicting laws; and for other purposes.
SB 32. By Senator Holloway of the 12th:
A bill to amend Code Section 56-317 relating to the power of the In surance Commissioner to revoke, suspend or refuse to renew the cer tificate of authority of insurance, so as to change the circumstances under which the Commissioner may exercise such authority; to repeal conflicting laws; and for other purposes.
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SB 33. By Senator Holloway of the 12th:
A bill to amend Title 56 of the Code of Georgia relating to insurance, as amended, so as to authorize the Insurance Commissioner to impose administrative fines in lieu of suspension, revocation or refusal to renew certain licenses; to repeal conflicting laws; and for other purposes.
SB 34. By Senators Stephens of the 36th, Chapman of the 32nd, Garrard of the 37th and Kidd of the 25th:
A bill to provide for amnesty of first offenders; to declare the legislative purpose; to provide a short title; to provide definitions; to provide the rights, privileges and immunities of amnestied first offenders; to pro vide that certain records shall be privileged and confidential; to repeal conflicting laws; and for other purposes.
SB 35. By Senator Johnson of the 38th:
A bill to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to County employees of said county; and for other purposes.
SB 36. By Senator Johnson of the 38th:
A bill to amend an Act known as the "Housing Authorities Laws", so as to provide that the authorities created by said Act shall be known as a "Housing and Redevelopment Authority" under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 37. By Senator Johnson of the 38th:
A bill to amend Code Section 34-1006, relating to the qualifications of candidates, so as to change the provisions relating to the time that can didates shall qualify; to repeal conflicting laws; and for other purposes.
SB 38. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta", so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.
SB 89. By Senator Johnson of the 38th:
A bill to amend an Act providing for minor children to be eligible for widow's pension, where there is no widow; and for other purposes.
TUESDAY, JANUARY 21, 1969
105
SR 14. By Senators Hudgins of the 15th and Jackson of the 16th:
A resolution relative to the National System of Interstate and Defense Highways; and for other purposes.
SR 15. By Senators Webb of the llth and Bateman of the 27th: A resolution creating the "Central Printing Agency Study Committee"; and for other purposes.
HB 27. By Mr. Sorrells of the 24th: A bill to provide revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 20,200 and not more than 20,500; and for other purposes.
HB 29. By Mrs. Merritt of the 46th and Mr. Parker of the 46th: A bill to amend an Act creating a system of retirement for employees of the City of Americus, so as to change the employer and employee con tributions to said retirement system; and for other purposes.
HB 34. By Mr. Gunter of the 6th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Habersham County, so as to provide for county-wide voting by the voters when electing said commissioners; to change the compensation of said commissioners; and for other purposes.
HB 36, By Mr. Collier of the 54th: A bill to amend an Act providing for a charter for the City of Smithville, so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current expenses not in excess of 15 mills on the dollar upon the assessed values of all real and per sonal property; and for other purposes.
HB 38. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th and Paris of the 14th: A bill to provide an expense allowance for operation of the office of District Attorney of the Western Judicial Circuit; and for other purposes.
HB 39. By Messrs. Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th and others: A bill to amend an Act establishing the State Department of Air Trans-
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portation so as to change the membership of the State Board of Trans portation; and for other purposes.
HB 40. By Mr. Sorrells of the 24th:
A bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change the com pensation of the Sheriff; and for other purposes.
HB 41. By Mr. Sorrells of the 24th:
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 basis, so as to change the compensation of said officers; and for other purposes.
HB 42. By Mr. Sorrells of the 24th:
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.
HB 43. By Messrs. Pickard, Buck and Jones of the 84th, Thompson and Davis of the 86th and Berry and Thompson of the 85th:
A bill to amend an Act relating to permanent pension fund for present and future employees of Muscogee County, so as to provide that em ployees of the Muscogee County Hospital Authority and Muscogee County Airport Commission shall be eligible to join the Pension Fund; and for other purposes.
HR 24. By Messrs. Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Plunkett of the 30th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow-
TUESDAY, JANUARY 21, 1969
107
ing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following' recommendation:
SB 22. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Ju diciary, 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 7. Do pass as amended.
SB 16. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Fincher of the 51st 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 resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HR 24. Do pass.
Respectfully submitted, Fincher of 51st District, Chairman.
Scripture reading and prayer were offered by the Reverend Conrad Sprouse, Assistant Minister, First Baptist Church, Gainesville, Georgia.
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Senator Searcey of the 2nd asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following resolution was read and adopted:
SR 18. By Senator Coggin of the 35th: A resolution designating January 21, 1969 as Georgia Peace Officers' Day; and for other purposes.
The president of the Senate recognized members of the Georgia Peace Offi cers' Association with appropriate remarks.
Captain Harry Schmid of the Decatur Police Department, who is president of the Georgia Peace Officers' Association, briefly addressed the Senate.
The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:
SR 7. 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 and to provide for the continuation of previous constitutional amendments; 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. The Constitution of Georgia is hereby amended by strik ing Article XIII, relating to amendments to the Constitution, in its en tirety, 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 Con-
TUESDAY, JANUARY 21, 1969
109
stitution. Amendments to this Constitution, or a new Constitution, may be proposed by the General Assembly, or by a constitutional convention as hereinafter 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 or for a new Constitution shall originate as a resolution in either the House of Representatives or the Senate and if approved by twothirds of the elected membership of each house in a roll call vote entered on their respective journals, the full text of such proposal shall be published, as provided by law, in one or more newspapers having general circulation in each congressional district in the State once each week for three consecutive weeks immediately pre ceding the week containing the day of the general election at which such proposal is to be submitted, and such proposal shall 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 reso lution. 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 or shall become 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 to amend the Constitution 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 or for a new Constitution which has been adopted by the General Assembly may be amended or repealed by the same General Assembly which adopted such pro posal by the affirmative vote of two-thirds of the elected member ship 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 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 a new Constitution come into being until the proposal has been submitted and ratified by the people in the manner provided for submission and ratification of proposals by the General Assembly. The General Assembly is hereby authorized to provide the procedure by which a convention is to be called and under which such convention shall operate, and for other matters relative to such constitutional convention.
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'Paragraph V. Continuation of Previous Constitutional Amend ments. If constitutional at the time they became effective, amend ments to the Constitution of 1877 which were continued in force by Article VII, Section X of the Constitution of 1945, amendments 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 1970, and amendments to the Constitution of 1945 using popu lation 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 amendments are hereby confirmed and approved and may be exercised as therein provided, unless expressly amended or repealed as hereinafter provided. If constitutional at the time they become effective, laws which were enacted pursuant to specific authorization contained 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 statu tory 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 referendum by the people of the political subdivision or subdivi sions directly affected. Any such amendment may not be amended or repealed by general law unless such general law specifically provides 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. The above 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 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 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.
TUESDAY, JANUARY 21, 1969
111
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 waa ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Broun
Brown Carter Chapman Coggin
Cox
Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley
Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley
Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
Voting in the negative was Senator Dean.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 53, nays 1.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The president of the Senate directed the secretary to read the caption of the following bills of the Senate for the purpose of entertaining a motion to override the vetoes by the Honorable Lester G. Maddox, Governor of Georgia:
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SB 199. By Senators Smith of the 18th, Broun of the 46th, Johnson of the 42nd and others:
A bill to amend the "Georgia Administrative Procedure Act" approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to place the Board of Corrections and its penal institutions under the provisions of said Act; to repeal conflicting laws; and for other purposes.
SB 202. By Senators Smith of the 18th, Broun of the 46th, Johnson of the 42nd and others:
A bill to amend the "Georgia Administrative Procedure Act" approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, as to place the Board of Pardons and Paroles and the State Board of Probation under the provisions of said Act for rule making purposes; to repeal conflicting laws; and for other purposes.
Senators Coggin of the 35th and Smalley of the 28th made statements to the Senate that after considering the merits of the bills, they were in agreement that the subject matter of both bills would be placed in new legislation to be in troduced at this session. Senator Smalley of the 28th further stated that due to this agreement, he would not move to override the vetoes but would reserve the right to insist upon the content of any new legislation that would place the Board of Corrections and the Board of Pardons and Paroles under the requisites of the Administrative Procedure Act.
A communication from His Excellency, Governor Lester Maddox, was received and read by the secretary:
EXECUTIVE DEPARTMENT Lester Maddox, Governor Atlanta
Honorable George T. Smith The Lieutenant-Governor State Capitol Atlanta, Georgia 30334
January 20, 1969
Dear George T:
Pursuant to the rules of the Senate, I hereby certify that Honorable M. J. Padgett of the 23rd Senatorial District, Richmond County, has been duly appointed by me as Assistant Administration Floor Leader of the Senate.
Sincerely,
LM:rm
Lester Maddox Governor
cc: Mr. Hamilton McWhorter Secretary of the Senate
TUESDAY, JANUARY 21, 1969
113
In accepting his appointment as Assistant Administration Floor Leader of the Senate, Senator Padgett of the 23rd addressed the Senate briefly, expressing his desire to cooperate with the entire body.
The following resolutions were read and adopted:
SR 19. By Senators Plunkett of the 30th and Smalley of the 28th:
A resolution commending Lieutenant Colonel Joe M. Jackson, United States Air Force, upon being awarded the Medal of Honor; and for other purposes.
SR 20. By Senators Plunkett of the 30th and Smalley of the 28th:
A resolution commending Major Stephen W. Pless, United States Ma rine Corps, upon being awarded the Medal of Honor; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 10. Do pass as amended.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and resolution of the Senate, and has instructed me, as
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Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives.
SB 8.
SB 11.
SR 7.
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Rowan of the 8th 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, JANUARY 22, 1969
115
Senate Chamber, Atlanta, Georgia, Wednesday, January 22, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Rowan of the 8th 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 Searcey of the 2nd 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions.
5. Reports of standing committees.
6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
Mr. Ken Rosemond, Head Basketball Coach for the University of Georgia, accompanied by Honorable Chappelle Matthews, representative from the 16th District, appeared upon the floor of the Senate. Representative Matthews intro duced Mr. Rosemond, who addressed the Senate briefly, inviting the members to the Basketball Game in Athens on February 17, between the University of Kentucky and the University of Georgia.
The president announced as the doctor for today, Dr. Philip Christopher, and as the nurse for today, Mrs. Betty Sexton.
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The following bills and resolution were introduced, read the first time, and referred to committees:
SB 45. By Senator Vann of the 10th:
A bill to amend an Act establishing the Georgia Legislative Retirement System, so as to provide that the provisions of said Act shall not apply to any persons becoming members of the General Assembly after Janu ary 1, 1969; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 46. By Senator Gillis of the 20th:
A bill to amend Code Section 40-504, relating to the compensation of the Secretary of State, as amended, particularly by an Act approved Mar. 17, 1967, so as to provide for the compensation and allowances of the Secretary of State; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Appropriations.
SB 47. By Senators Hill of the 29th, Webb of the llth, Kennedy of the 4th and others:
A bill to amend an Act establishing the Georgia Legislative Retirement System, so as to redefine "staff members" to include the Messenger and Doorkeeper for each of the two Houses of the General Assembly; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 48. By Senator Miller of the 43rd:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide for the extension of the expiration date of the licenses of life, accident and sickness agents and counselors issued to citizens of this State who are or who become members of the armed forces of the United States; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 49. By Senator Miller of the 43rd:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to provide for the extension of the expira tion date of the licenses of brokers and salesmen issued to citizens of this State who are or who become members of the armed forces of the United States; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
WEDNESDAY, JANUARY 22, 1969
117
SB 50. By Senator Pennington of the 45th:
A bill to amend Code Section 13-2027, relating to the maintenance of reserves by banks, as amended by an Act approved Apr. 18, 1967, so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obliga tions and certificates of deposit; and for other purposes.
Referred to Committee on Banking and Finance.
SB 51. By Senator Kidd of the 25th: A bill to amend an Act designating public and legal holidays in the State of Georgia approved February 16, 1943, as amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
SB 52. By Senators Gillis of the 20th, Cox of the 21st, Kidd of the 25th and Starr of the 44th: A bill to amend Section 56-808a of the Georgia Insurance Code, so as to change the word "state" to the word "jurisdiction" in certain in stances; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 53. By Senators Ward of the 39th, Maclntyre of the 40th and Johnson of the 38th: A bill to amend an Act approved August 13, 1924, and the several Acts amendatory thereof, providing for 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 relating to the eligibility of persons receiving benefits under such Act to be reappointed or elected to any position in the government of such cities.
Referred to Committee on County and Urban Affairs.
SB 54. By Senators Smalley of the 28th and Stephens of the 36th: A bill to amend an Act entitled "An Act to provide for a Sheriffs' Re tirement Fund of Georgia; and for other purposes", so as to permit newly elected sheriffs an opportunity to join said fund; to repeal con flicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 55. By Senator Coggin of the 35th: A bill to amend an Act entitled "An Act to provide in Fulton County a
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system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.
Referred to Committee on Retirement.
SB 56. By Senators Andrews of the 49th, Adams of the 26th, Kidd of the 25th and others:
A bill to amend an Act known as the "Trial Judges and Solicitors Re tirement Fund Act", so as to provide that official Superior Court Court Reporters shall become members of the Retirement Fund; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 57. By Senator Johnson of the 38th:
A bill to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the latest census of the United States or any subsequent census thereof; to provide the procedures connected with the foregoing; to re peal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 58. By Senator Johnson of the 38th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for prior service credit for members of retirement systems of governmental subdivisions; to provide the pro cedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 59. By Senator Johnson of the 38th:
A bill to amend the Act approved Mar. 3, 1939, authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees of said county; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 60. By Senator Webb of the llth: A bill to amend an Act establishing the State Employees' Retirement
WEDNESDAY, JANUARY 22, 1969
119
System, approved Feb. 3, 1949, so as to provide for prior service credit for certain individuals serving in the Armed Forces; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 61. By Senator Holley of the 22nd:
A bill to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such County pension or retirement laws existing in said Counties, to provide for the continuation of said previous inclusion, to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 62. By Senators Holley of the 22nd and Padgett of the 23rd:
A bill to amend an Act known as the "Trial Judges and Solicitors Retire ment Fund Act", so as to exclude from said Act Solicitors of city courts of this State, who have contributed to, and been members of, a county pension or retirement fund for a period of 20 years immediately before being elected to, or appointed to, the office of Solicitor; and for other purposes.
Referred to Committee on Retirement.
SB 63. By Senator Coggin of the 35th:
A bill to amend an Act incorporating Union City, approved August 17, 1908, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 64. By Senators Coggin of the 35th and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to authorize the Commissioner to develop and conduct a program of consumer information and family money management; to provide the procedure connected therewith; and for other purposes.
Referred to Committee on Industry and Labor.
SB 65. By Senator Searcey of the 2nd:
A bill to amend an Act approved Mar. 31, 1967, and incorporated in the Acts of the General Assembly of the State of Georgia as "The Georgia Legislative Retirement System, Act No. 128, so as to amend an Act creating 'The Georgia Legislative Retirement System'," so as to provide
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that persons with 20 or more years of service shall become members upon reaching the age of 65; and for other purposes.
Referred to Committee on Retirement.
SB 66. By Senator Johnson of the 38th: A bill to provide for the compensation of the sheriff of certain counties, and the procedure connected with the payment thereof; to provide an effective date; to specifically repeal certain laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 67. By Senator Hudgins of the 15th: A bill to amend an Act regulating the occupation of cosmetology, ap proved March 11, 1963, so as to provide that certain applicants for cer tificates of registration need not meet the educational requirements specified in said Act under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.
SB 68. By Senator Gillis of the 20th: A bill to provide for compensation and allowances for those State of ficials whose election is provided for by Articles IV and V of the Con stitution of Georgia; to provide that this Act shall not apply to certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SB 69. By Senator Webb of the llth: A bill to amend an Act establishing the "Employees' Retirement System of Georgia", approved February 3, 1949, so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his ap pointment or election is a member of the "Employees' Retirement Sys tem of Georgia", shall as a matter of right be entitled to continue his membership in said system; and for other purposes.
Referred to Committee on Retirement.
SB 70. By Senator Jackson of the 16th: A bill to amend an Act abolishing the fee system in the superior courts of Chattahoochee Judicial Circuit, as applied to the office of solicitor
WEDNESDAY, JANUARY 22, 1969
121
general, and providing for the payment of the salary of said solicitor general, so as to change the compensation of the assistant solicitor general; to change the title of the assistant solicitor general; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 71. By Senator Miller of the 43rd: A bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943, so as to provide that the Board is authorized to make certain post-retirement benefit changes; and for other purposes.
Referred to Committee on Retirement.
SR 22. By Senator Miller of the 43rd: A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for increasing the pension benefits of members of the Teachers' Retirement System of Georgia who have retired and are receiving pension benefits from the funds of said Retirement System; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
Referred to Committee on Retirement.
Dr. Edwin Harrison, president of Georgia Institute of Technology, appeared upon the floor of the Senate and was introduced by the president of the Senate. Dr. Harrison addressed the members briefly, inviting them to a dinner and basket ball game between Rice and Georgia Tech on January 23rd.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
HR 67. By Mr. Smith of the 43rd: A resolution authorizing the Georgia Medical Association and the Geor gia State Nurses Association to provide a certain medical service; and for other purposes.
Senator Johnson of the 38th asked unanimous consent to introduce four retirement bills.
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The consent was granted.
The following bills were introduced, read the first time, and referred to committees:
SB 76. By Senator Johnson of the 38th:
A bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Pulton County to establish rules and regula tions governing the payment of pensions to county employees, ..... so as to provide increased pensions to certain officers and employees . . . and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 77. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta" approved Sept. 6, 1891, as amended by an Act ap proved February 23, 1935, as amended, so as to fix the minimum and maximum salaries of the assistant solicitors general of said court and to fix the salary of the first assistant solicitor general of said court; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 78. By Senator Johnson of the 38th:
A bill to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County ... so as to provide that a teacher may be entitled to prior service credit for service rendered to Fulton County or any incorporated municipality located in whole or in part within Fulton County .... and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 79. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to provide for the compensa tion of the Sheriff of certain counties", ... so as to delete all limitation and reference to the pension payable to such officer; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following resolution was read and adopted:
WEDNESDAY, JANUARY 22, 1969
123
SR 23. By Senator Kidd of the 25th:
A resolution presenting a gift to the President Pro Tern of the Senate (with certain strings attached thereto); and for other purposes.
The following bills and resolution were read the second time:
SB 40. By Senator Maclntyre of the 40th:
A bill to amend an Act establishing the State Employees' Retirement System, so as to provide that certain current members shall be entitled to prior service certificates pertaining to certain prior service; and for other purposes.
SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A bill to amend Code Title 56 known as the "Georgia Insurance Code", to make certain changes in regards to hospital care; to repeal con flicting laws; and for other purposes.
SB 42. By Senator Walling of the 42nd:
A bill to create a Board of Elections and Registrations in each county of this State having a population of more than 250,000 and less than 500,000 according to the 1960 U.S. Decennial Census and any future census; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 43. By Senator Johnson of the 38th:
A bill to amend the Act providing that cities having a population of more than 150,000, as disclosed by the U. S. Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities and for other purposes.
SB 44. By Senators Johnson of the 38th and Coggin of the 35th:
A bill to amend an Act creating the Civil Court of Pulton County, so as to change the compensation of the judges thereof; and for other purposes.
SR 17. By Senator Fincher of the 54th:
A resolution proposing an amendment to the Constitution, so as to provide that tangible personal property temporarily consigned to a storage facility in this state while in transit shall be a separate class
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of tangible property for ad valorem taxation purposes and shall be exempt from all ad valorem taxation; and for other purposes.
HB 28. By Messrs. Rowland and Douglas of the 42nd and Hudson of the 48th:
A bill to amend Code Section 40-2002, relating to the mileage allow ance for State officials and employees, so as to increase said allowance; and for other purposes.
HB 54. By Mr. Sorrells of the 24th:
A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.
HB 55. By Mr. Sorrells of the 24th:
A bill to amend an Act changing the manner and method of choosing members of the Board of Education of Walton County, so as to provide that members of the Walton County Board of Education shall be elected by the electors of the Walton County School District; and for other purposes.
HB 56. By Mr. Gunter of the 6th:
A bill to amend an Act creating 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 57. By Mr. Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Haber sham County, so as to change the compensation of the commissioners; and for other purposes.
HB 65. By Messrs. Parker, Lane and Nessmith of the 44th:
A bill to grant a new charter to the Town of Newington in Screven County; and for other purposes.
HB 67. By Messrs. Dodson of the 82nd, Knapp, Keen, Evans and Pinkston of the 81st, Grahl of the 40th, Peterson and Nunn of the 41st:
A bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by pay ments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; and for other purposes.
WEDNESDAY, JANUARY 22, 1969
125
The following reports of standing committees were read by the secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 25. Do pass.
SB 30. Do pass.
SB 31. Do pass.
SB 32. Do pass.
SB 33. Do pass. Respectfully submitted, Holley of 22nd District, Chairman.
Senator Andrews of the 49th District, Chairman of the Committee on Edu cational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 21. Do pass.
Respectfully submitted, Andrews of 49th District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, submitted the following report:
126 Mr. President:
JOURNAL OF THE SENATE,
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 26. Do pass as amended. HB 3. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Scripture reading and prayer were offered by the Reverend Charles Hasty, pastor, Northminister Presbyterian Church, Macon, Georgia.
Senator Coggin of the 35th asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SB 7. By Senator Webb of the llth: A bill to amend Code Chapter 53-2, relating to marriage licenses, as amended, so as to provide that the consent to the marriage of a preg nant female need not be secured if proof of her pregnancy is provided; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 7 by adding, in the caption, after the phrase, "of a pregnant female" and before the phrase "need not be secured", the further phrase "sixteen years of age or older";
and by changing in Section 1 the new code Section number to read as follows:
"Section 53-206.1"
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127
and by striking the first sentence of proposed Section 53-206.1 and sub stituting in lieu thereof the following sentence:
"Notwithstanding any other provisions of this Title to the contrary, the consent required by this Title to the marriage of a pregnant female need not be secured if proof of the pregnancy of the female applicant is furnished in accordance with the provisions of this Title and if such female is sixteen years of age or older".
On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the 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.
SB 16. By Senators Webb of the llth and Broun of the 46th:
A bill to amend all acts, resolutions and code sections in which the phrase "Solicitor General" appears by striking said phrase and substi tuting in lieu thereof the phrase "District Attorney"; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed-
SB 22. By Senators Plunkett of the 30th and Webb of the llth:
A bill to amend Code Section 40-405, relating to the preparation of the budget report, so as to provide for a working reserve high and low income period; to repeal conflicting laws; and for other purposes.
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Senator Plunkett of the 30th offered the following amendment:
Amend SB 22 by striking the word "recommended" wherever it appears.
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 44, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th:
A resolution creating the "Constitution Revision Commission"; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SR 10 by striking the sentence before the enumerated! members of the Commission which reads, "The Commission shall be composed of twenty-nine members as follows:" and substituting in. lieu thereof the following:
"The Commission shall be composed of thirty-three members as follows:";
By striking in the part enumerating the members of the Commis sion the sentence, "Three members of the House of Representatives to be appointed by the Speaker." and substituting in lieu thereof thefollowing:
"Five members of the House of Representatives to be ap pointed by the Speaker.";
By striking in the part enumerating the members of the Commis sion the sentence, "Three members of the Senate to be appointed by the President.", and substituting in lieu thereof the following:
"Five members of the Senate to be appointed by the President";
By striking in the part enumerating the members of the Commis-
WEDNESDAY, JANUARY 22, 1969
129
sion the sentence, "One Justice of the Supreme Court, to be appointed by the Justices of the Supreme Court.";
By adding in the part enumerating members to be appointed by the Governor after the sentence, "One citizen of the State known for his interest in business and industry" the following sentence:
"One citizen known for his or her interest in consumer affairs.";
By inserting in the last sentence after the phrase, "proposed and submitted to the people" and before the phrase, "after having been agreed to", the following phrase:
"article by article".
On the adoption of the amendment, the ayes were 34, nays 5, and the amend ment was adopted.
Senator Webb of the llth offered the following amendment:
Amend SR 10 by striking from the 19th line of page 4 the words "the Justice of the Supreme Court" and by adding immediately after the phrase "the Supreme Court Judge" on line 20 the words "the Dis trict Attorney".
On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.
On the adoption of the resolution, the ayes were 37, nays 6.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HR 24. By Messrs, Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Bald win County, Georgia; and for other purposes.
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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 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Johnson of the 38th asked unanimous consent to introduce a bill relative to retirement.
The consent was granted.
The following bill was introduced, read the first time, and referred to com mittee:
SB 80. By Senator Johnson of the 38th:
A bill to amend an Act providing for pensions for members of Police Departments of Cities of more than 150,000 in population, according to the last census of the United States, or any subsequent census thereof, as amended, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following resolution was read and adopted:
HR 67. By Mr. Smith of the 43rd:
A resolution authorizing the Georgia Medical Association and the Geor gia State Nurses Association to provide certain medical service; and for other purposes.
Senator Searcey of the 2nd moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 9:30 o'clock.
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131
Senate Chamber, Atlanta, Georgia, Thursday, January 23, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent, the reading of the journal was disposed with, and the journal was confirmed.
Senator Kennedy of the 4th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor for today, Dr. Thomas Lowry, and as the nurse for today, Dorothy Foster.
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 and Senate, to-wit:
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HB 78. By Messrs. Nessmith, Lane and Parker of the 44th:
A bill to amend an Act creating a charter for the Town of Rincon, so as to provide for the election of a Recorder and the appointment of a recorder pro tern; and for other purposes.
HB 79. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc.", so as to permit certain categories of employees of the City of Macon, not now eligible for participation in Division "A" of said pensions and retirement system, to become members and partici pate therein, as provided by said Division "A"; and for other purposes.
HB 80. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A bill to amend an Act entitled "An Act to Reenact the Charter of The City of Macon contained in the act approved August 17, 1914, etc.", so as to extend the city limits of the City of Macon, and for other purposes.
HB 94. By Messrs. Gunter of the 6th and Moore of the 6th:
A bill to amend an Act creating and establishing the City Court of Habersham County, so as to change the name of said court to the Civil and Criminal Court of Habersham County; and for other purposes.
HB 95. By Messrs. Gunter and Moore of the 6th:
A bill to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes.
HB 96. By Messrs. Gunter and Moore of the 6th: A bill to change the method for choosing successors of the Board of Trustees of the Habersham County Hospital Authority; and for other purposes.
HB 97. By Messrs. Gunter and Moore of the 6th: A bill to abolish the present mode of compensating the Ordinary of Habersham County, known as the fee system; and for other purposes.
THURSDAY, JANUARY 23, 1969
133
HB 105. By Messrs. Busbee of the 61st, Hutchinson of the 61st and Lee of the 61st:
A bill to amend an Act creating the Dougherty Judicial Circuit, ap proved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), so as to provide for a supplement to the judge's salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 106. By Messrs. Lane of the 101st, Winkles of the 96th, Horton of the 95th, Adams of the 100th, Hood of the 99th, Cook of the 95th, Daugherty of the 109th, Brantley of the 114th 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 of Fulton County", so as to clarify the word ing of the formula provided in the amendment approved March 4, 1966 for computing a refund of a portion of the employees' contribu tions in certain cases; and for other purposes.
HB 110. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax commissioner and to change the method for determining his salary; and for other purposes.
SB 2. By Senator Abney of the 53rd:
A bill to amend an Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), so as to change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Cir cuit; and for other purposes.
HB 30. By Mr. Levitas of the 77th:
A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
HB 69. By Messrs. Felton of the 95th, Harris of the 67th, Buck of the 84th, Bray of the 31st, Carnes of the 104th, Murphy of the 19th, Paris of the 14th and Jones of the 59th:
A bill to provide that a driver or operator of a motor vehicle or air plane shall owe to a guest passenger thereof the duty to exercise ordi nary care; and for other purposes.
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HB 75. By Mr. Pickard of the 84th:
A bill to provide that it shall be unlawful after January 1, 1972, for any person to serve in more than one elective public office for which compensation is paid out of public funds; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 72. By Senator Smalley of the 28th:
A bill to revise, classify, consolidate, and supersede the present laws relating to the procedure in the courts of Georgia in all criminal pro ceedings and to establish new laws relating thereto; to repeal conflict ing laws; and for other purposes.
Referred to Committee on Judiciary.
SB 73. By Senator Smalley of the 28th:
A bill to provide for the number of directors of railroad corporations; to provide for the ratification of prior actions of Boards of Directors thereof; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 74. By Senator Smalley of the 28th:
A bill to amend Code Section 24-2727, relating to fees of the clerks
;
of the superior courts, as amended, so as to completely revise said
fees; to provide for all matters relative to the foregoing; to repeal
conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
75. By Senator Bateman of the 27th:
A bill creating the Bibb County Board of Education, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 81. By Senator Miller of the 43rd:
A bill to prohibit business activities on Sunday; to provide for excep tions; to provide for penalties; to define "retail establishment"; to re-
THURSDAY, JANUARY 23, 1969
135
peal Code Section 26-9908, relating to the penalty for violating the Sabbath; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
The following bills were read the first time and referred to committees:
HB 30. By Mr. Levitas of the 77th:
A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
Referred to Committee on Judiciary.
HB 69. By Messrs, Felton of the 95th, Harris of the 67th, Buck of the 84th, Bray of the 31st, Carnes of the 104th, Murphy of the 19th, Paris of the 14th and Jones of the 59th:
A bill to provide that a driver or operator of a motor vehicle or air plane shall owe to a guest passenger thereof the duty to exercise ordi nary care; and for other purposes.
Referred to Committee on Judiciary.
HB 75. By Mr. Pickard of the 84th:
A bill to provide that it shall be unlawful after January 1, 1972, for any person to serve in more than one elective public office for which compensation is paid out of public funds; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 78. By Messrs. Nessmith, Lane and Parker of the 44th:
A bill to amend an Act creating a charter for the Town of Rincon, so as to provide for the election of a Recorder and the appointment of a recorder pro tern; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 79. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st,
Dodson of the 82nd and Miller of the 83rd:
!'
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc.", so as to permit certain categories of employees of the City of Macon, not now eligible for participation in Division "A" of said pensions and retirement system, to become members and par-
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JOURNAL OF THE SENATE,
ticipate therein, as provided by said Division "A"; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 80. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A bill to amend an Act entitled "An Act to Reenact the Charter of the City of Macon contained in the act approved August 17, 1914, etc.", so as to extend the city limits of the City of Macon; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 94. By Messrs. Gunter of the 6th and Moore of the 6th:
A bill to amend an Act creating and establishing the City Court of Habersham County, so as to change the name of said court to the Civil and Criminal Court of Habersham County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 95. By Messrs. Gunter and Moore of the 6th:
A bill to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes. Referred to Committee on County and Urban Affairs.
HB 96. By Messrs. Gunter and Moore of the 6th:
A bill to change the method for choosing successors to the Board of Trustees of the Habersham County Hospital Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 97. By Messrs. Gunter and Moore of the 6th:
A bill to abolish the present mode of compensating the Ordinary of Habersham County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 105. By Messrs. Busbee, Hutchinson, Odom and Lee of the 61st:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a supplement to the judge's salary; and for other pur poses.
Referred to Committee on County and Urban Affairs.
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137
HB 106. By Messrs. Lane of the 101st, Winkles of the 96th, Horton of the 95th, Adams of the 100th, Hood of the 99th, Cook of the 95th, Daugherty of the 109th, Brantley of the 114th 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 of Fulton County", so as to clarify the wording of the formula provided in the amendment approved March 4, 1966 for computing a refund of a portion of the employees' contribu tions in certain cases; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 110. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax commissioner and to change the method for determining his salary; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolution were read the second time:
SB 45. By Senator Vann of the 10th:
A bill to amend an Act establishing the Georgia Legislative Retire ment System, so as to provide that the provisions of said Act shall not apply to any persons becoming members of the General Assembly after January 1, 1969; to repeal conflicting laws; and for other purposes.
SB 46. By Senator Gillis of the 20th:
A bill to amend Code Section 40-504, relating to the compensation of the Secretary of State, as amended, particularly by an Act approved Mar. 17, 1967, so as to provide for the compensation and allowances of the Secretary of State; to provide an effective date; to repeal con flicting laws; and for other purposes.
SB 47. By Senators Hill of the 29th, Webb of the llth, Kennedy of the 4th and others:
A bill to amend an Act establishing the Georgia Legislative Retirement System, so as to redefine "staff members" to include the Messenger and Doorkeeper for each of the two Houses of the General Assembly; to repeal conflicting laws; and for other purposes.
SB 48. By Senator Miller of the 43rd:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide for the extension of the expiration date of the licenses
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JOURNAL OP THE SENATE,
of life, accident and sickness agents and counselors issued to citizens of this State who are or who become members of the armed forces of the United States; to repeal conflicting laws; and for other purposes.
SB 49. By Senator Miller of the 43rd:
A bill to amend Code Chapter 884-14, relating to real estate brokers and salesmen, as amended, so as to provide for the extension of the expiration date of the licenses of brokers and salesmen issued to citi zens of this State who are or who become members of the armed forces of the United States; to repeal conflicting laws; and for other purposes.
SB 50. By Senator Pennington of the 45th:
A bill to amend Code Section 13-2027, relating to the maintenance of reserves by banks, as amended by an Act approved Apr. 18, 1967, so as to provide that a certain percentage of the legal reserve on demand deposit of any bank may be invested in certain governmental obligations and certificates of deposit; and for other purposes.
SB 51. By Senator Kidd of the 25th:
A bill to amend an Act designating public and legal holidays in the State of Georgia approved February 16, 1943, as amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes.
SB 52. By Senators Gillis of the 20th, Cox of the 21st, Kidd of the 25th and Starr of the 44th:
A bill to amend Section 56-808a of the Georgia Insurance Code, so as to change the word "state" to the word "jurisdiction" in certain in stances; to repeal conflicting laws; and for other purposes.
SB 53. By Senators Ward of the 39th, Maclntyre of the 40th and Johnson of the 38th:
A bill to amend an Act approved August 13, 1924, and the several Acts amendatory thereof, providing for 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 relating to the eligibility of persons receiving benefits under such Act to be reappointed or elected to any position in the government of such cities.
SB 54. By Senators Smalley of the 28th and Stephens of the 36th:
A bill to amend an Act entitled "An Act to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes", so as to permit
THURSDAY, JANUARY 23, 1969
139
newly elected sheriffs an opportunity to join said fund; to repeal con flicting laws; and for other purposes.
SB 55. By Senator Coggin of the 35th:
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 of Fulton County, and for other purposes", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.
SB 56. By Senators Andrews of the 49th, Adams of the 26th, Kidd of the 25th and others:
A bill to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", so as to provide that official Superior Court Court Reporters shall become members of the Retirement Fund; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
SB 57. By Senator Johnson of the 38th:
A bill to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, accord ing to the latest census of the United States or any subsequent census thereof; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
SB 58. By Senator Johnson of the 38th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for prior service credit for members of retirement systems of governmental subdivisions; to provide the pro cedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
SB 59. By Senator Johnson of the 38th:
A bill to amend the Act approved Mar. 3, 1939, authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees of said county; to repeal conflicting laws; and for other purposes.
SB 60. By Senator Webb of the llth:
A bill to amend an Act establishing the State Employees' Retirement System, approved Feb. 3, 1949, so as to provide for prior service credit
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JOURNAL OF THE SENATE,
for certain individuals serving in the Armed Forces; to repeal conflict ing laws; and for other purposes.
SB 61. By Senator Holley of the 22nd:
A bill to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such County pension or retirement laws existing in said Counties, to pro vide for the continuation of said previous inclusion, to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 62. By Senators Holley of the 22nd and Padgett of the 23rd:
A bill to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", so as to exclude from said Act Solicitors of city courts of this State, who have contributed to, and been members of, a county pension or retirement fund for a period of 20 years imme diately before being elected to, or appointed to, the office of Solicitor; and for other purposes.
SB 63. By Senator Coggin of the 35th:
A bill to amend an Act incorporating Union City, approved August 17, 1908, and the several Acts amendatory thereof; to repeal conflict ing laws; and for other purposes.
SB 64. By Senators Coggin of the 35th and Gillis of the 20th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to authorize the Commissioner to develop and conduct a program of consumer information and family money management; to provide the procedure connected therewith; and for other purposes.
SB 65. By Senator Searcey of the 2nd:
A bill to amend an Act approved Mar. 31, 1967, and incorporated in the Acts of the General Assembly of the State of Georgia as "The Georgia Legislative Retirement System, Act No. 128, so as to amend an Act creating 'The Georgia Legislative Retirement System'," so as to pro vide that persons with 20 or more years of service shall become mem bers upon reaching the age of 65; and for other purposes.
SB 66. By Senator Johnson of the 38th:
A bill to provide for the compensation of the sheriff of certain coun ties, and the procedure connected with the payment thereof; to pro vide an effective date; to specifically repeal certain laws; and for other purposes.
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141
SB 67. By Senator Hudgins of the 15th:
A bill to amend an Act regulating the occupation of cosmetology, ap proved March 11, 1963, so as to provide that certain applicants for certificates of registration need not meet the educational requirements specified in said Act under certain conditions; to repeal conflicting laws; and for other purposes.
SB 68. By Senator Gillis of the 20th:
A bill to provide for compensation and allowances for those State offi cials whose election is provided for by Articles IV and V of the Constitu tion of Georgia; to provide that this Act shall not apply to certain offi cials; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 69. By Senator Webb of the llth:
A bill to amend an Act establishing the "Employees' Retirement Sys tem of Georgia", approved February 3, 1949, so as to provide that cer tain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the "Employees' Retire ment System of Georgia", shall as a matter of right be entitled to continue his membership in said system; and for other purposes.
SB 70. By Senator Jackson of the 16th:
A bill to amend an Act abolishing the fee system in the superior courts of 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 compensation of the assistant solicitor general; to change the title of the assistant solicitor general; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 71. By Senator Miller of the 43rd:
A bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943, so as to provide that the Board is autho rized to make certain post-retirement benefit changes; and for other purposes.
SB 76. By Senator Johnson of the 38th:
A bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regula tions governing the payment of pensions to county employees, so as to provide increased pensions to certain officers and employees; and for other purposes.
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JOURNAL OF THE SENATE,
SB 77. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta" approved Sept. 6, 1891, as amended by an Act ap proved February 23, 1935, as amended, so as to fix the minimum and maximum salaries of the assistant solicitors general of said court and to fix the salary of the first assistant solicitor general of said court; and for other purposes.
SB 78. By Senator Johnson of the 38th:
A bill to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide that a teacher may be entitled to prior serv ice credit for service rendered to Fulton County or any incorporated municipality located in whole or in part within Fulton County; and for other purposes.
SB 79. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to provide for the compensa tion of the Sheriff of certain counties", so as to delete all limitation and reference to the pension payable to such officer; and for other purposes.
SB 80. By Senator Johnson of the 38th:
A bill to amend an Act providing for pensions for members of Police Departments of Cities of more than 150,000 in population, according to the last census of the United States, or any subsequent census there of, as amended, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act; and for other purposes.
SR 22. By Senator Miller of the 43rd:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for increasing the pension benefits of members of the Teachers' Retirement System of Georgia who have retired and are receiving pension benefits from the funds of said Retirement System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee onCounty and Urban Affairs, submitted the following report:
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143
Mr. President:
Your Committee on County and Urban Affairs has had under considera tion the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 19. Do pass. SB 27. Do pass. SB 70. Do pass. HB 10. Do pass. HB 27. Do pass. HB 29. Do pass. HB 36. Do pass. HB 38. Do pass. HB 40. Do pass. HB 41. Do pass. HB 42. Do pass. HB 43. Do pass. HB 54. Do pass. HB 55. Do pass. HB 56. Do Pass. HB 57. Do pass, HB 65. Do pass. HB 67. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Hensley of the 33rd District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
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JOURNAL OF THE SENATE,
SR 14. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
Scripture reading and prayer were offered by the Reverend Nelson Price, pastor, First Methodist Church, LaFayette, Georgia.
Senator Coggin of the 35th asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The president announced that Senator Stephens was absent due to the serious illness of his wife.
The following resolution was read and adopted:
SR 24. By Senator Doss of the 52nd:
A resolution commending Kristina Marie (Kippy) Scarborough; and for other purposes.
Senator Eldridge of the 7th, 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 resolution of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 7. SB 16. SB 22. SR 10.
Respectfully submitted, Eldridge of the 7th District, Chairman.
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145
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Gov ernor:
SB 2.
Respectfully submitted,
Eldridge of the 7th District,
Chairman.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 21. By Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd, London of the 50th, McGill of the 24th, Noble of the 19th and many others:
A bill to authorize public school teachers to conduct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 25. By Senators Gillis of the 20th, Cox of the 21st and Noble of the 19th: A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to exempt certain applicants for licenses as an agent, solicitor, broker, counselor or adjuster from the requirements of taking an examination prior to receiving a renewal license under certain conditions; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 26. By Senator Jackson of the 16th:
A bill to amend an Act relating to the salaries of Justices of the 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; to provide effective dates; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following amendment: Amend SB 26 by striking from Section 1 the following sentence:
"Effective July 1, 1970, the annual salary of each Justice of the Supreme Court shall be and the same is hereby fixed in the sum of $34,000.00."
And by striking from Section 2 the following sentence:
"Effective July 1, 1970, the annual salary of each Judge of the Court of Appeals shall be, and the same is hereby fixed in the sum of $34,000.00."
On the adoption of the amendment, the ayes were 32, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, Senator Andrews of the 49th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams of 5th Andrews Carter Chapman Coggin Cox Fincher of 51st Fincher of 54th Garrard
Gillis Hardy Hudgins Jackson Johnson Kennedy Noble Riley Scott
Smalley Tysinger Vann Walling Ward Webb Zipperer
THURSDAY, JANUARY 23, 1969
147
Those voting in the negative were Senators:
Abney Brown Doss
Eldridge Hensley Hill Holloway
London Maclntyre McGill Miller Plunkett Reeder Reynolds
Rowan Smith of 34th Spinks Starr
Trippe Young
The roll call was verified.
On the passage of the bill, the ayes were 25, nays 20.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Jackson of the 16th gave notice that at the proper time he would move that the Senate reconsider its action on SB 26.
SB 30. By Senator Holloway of the 12th:
A bill to amend Code Chapter 56-3, so as to authorize the Commissioner to impose administrative fines in lieu of suspension, revocation, or re fusal to renew Certificate of Authority of insurers; to authorize the Insurance Commissioner to suspend the Certificate of Authority of any insurer as to which proceedings for receivership, conservatorship, re habilitation, or other delinquency proceedings have been commenced in any State; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Honorable Vivian W. Henderson, president of Clark College, appeared upon the floor of the Senate, and was introduced by Senator Johnson of the 38th.
President Henderson addressed the Senate briefly.
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The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 31. By Senator Holloway of the 12th:
A bill to amend Code Section 66-801b, relating to the definition of cer tain terms, so as to change the definition of adjuster; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 2.
The bill, having received the requisite constitutional majority, was passed.
SB 32. By Senator Holloway of the 32nd:
A bill to amend Code Section 56-317, relating to the power of the In surance Commissioner to revoke, suspend or refuse to renew the cer tificate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such authority; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 33. By Senator Holloway of the 12th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to authorize the Insurance Commissioner to impose administrative fines in lieu of suspension, revocation or refusal to renew certain licenses, etc.; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, JANUARY 23, 1969
149
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 3. By Mr. Busbee of the 61st:
A bill to amend an Act providing the dates on which laws shall be come effective, so as to provide that said Act shall not apply to local legislation nor to resolutions intended to have the effect of law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Friday, January 24, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th reported that the journal of yesterday's proceed ings had been read and found correct.
Senator Jackson of the 16th moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 26. By Senator Jackson of the 16th:
A bill to amend an Act relating to the salaries of Justices of the 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; to provide effective dates; to repeal conflicting laws; and for other purposes.
On the motion to reconsider, the ayes were 37, nays 0.
The motion prevailed, and SB 26 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third read and consideration of general bills and resolutions.
FRIDAY, JANUARY 24, 1969
151
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 and Senate, to-wit:
HB 123. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act placing the clerk of the superior court and ordi nary of Hart County upon an annual salary, so as to change the method of compensating the deputy clerk of the superior court and the clerk of the ordinary; and for other purposes.
HB 124. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the method of compensating the deputy sheriffs; and for other purposes.
HB 125. By Messrs. Milford and Mauldin of the 12th: A bill to amend an Act creating the office of tax commissioner of Hart County, so as to change the method of compensating the assistant to the tax commissioner; and for other purposes.
HB 126. By Mr. Phillips of the 29th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the com pensation of the Chairman of said Board of Commissioners; and for other purposes.
HB 127. By Mr. Phillips of the 29th: A bill to amend an Act placing the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Columbia County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, Sheriff and Tax Commissioner; and for other purposes.
HB 129. By Messrs. Brown and Melton of the 32nd: A bill to amend an Act establishing the City Court of Griffin, so as to change the name of the City Court of Griffin; and for other purposes.
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JOURNAL OF THE SENATE,
HB 130. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.
HB 131. By Messrs. Adams of the 100th, Hill of the 97th, Brantley of the 114th, Longino of the 98th, Lane of the 101st, Marcus of the 105th and others:
A bill to provide that in all counties having a population of 500,000 or more, all moneys arising from fines and forfeited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, etc., shall be paid directly to the county treasurer or the officer or institution performing the duties of the county treas urer; and for other purposes.
HB 134. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act amending, revising and consolidating the sev eral Acts granting corporate authority to the Town of Leslie, so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; and for other purposes.
HB 17. By Mr. McClatchey of the 113th:
A bill to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to permit employees or mem bers insured for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; and for other purposes.
HB 18. By Messrs. McClatchey of the 113th and Conner of the 56th:
A bill to amend Code Section 56-1027, relating to special investments which may be made by insurers, so as to clarify that such investments may be made without limitation; and for other purposes.
HB 19. By Mr. McClatchey of the 113th:
A bill to amend an Act relating to gifts of securities to minors, so as to provide for the gift of life insurance policies and annuity contracts to minors; and for other purposes.
HB 20. By Messrs. McClatchey of the 113th and Conner of the 56th:
A bill to amend an Act known as the Georgia Insurance Code, so as to confirm and clarify the right under the present law to provide for the assignment under which a person covered by a group life insurance pol-
FRIDAY, JANUARY 24, 1969
153
icy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy; and for other purposes.
HB 46. By Mr. Geisinger of the 72nd:
A bill to provide that any party, defendant or other person permitted or required by law to give or post bond (or bail) as surety or security for the happening of any event or act, may discharge such requirement by depositing cash in the amount of the bond so required with the ap propriate person; and for other purposes.
HB 47. By Mr. Geisinger of the 72nd:
A bill to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper au thorities to release the criminal accused or defendant on a bond signed by any responsible resident of the county, etc.; and for other purposes.
HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th, Potts of the 30th, Mrs. Merritt of the 46th, Messrs. Winkles of the 96th, Games of the 104th and Smith of the 3rd:
A bill to provide for the registration and regulation of cemeteries; and for other purposes.
HB 74. By Messrs. Pickard, Buck, Jones of the 84th, Thompson of the 85th and Thompson of the 86th:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to expand the definition of the word "project"; and for other purposes.
SB 17. By Senators Spinks of the 9th, Miller of the 43rd, Cox of the 21st and others:
A bill to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holidays; and for other purposes.
The following resolution was read and adopted:
SR 26. By Senators Fincher of the 51st and Chapman of the 32nd:
A resolution commending Dr. Thomas E. Cooper, the Medical Associa tion of Georgia and the Georgia State Nurses Association; and for other purposes.
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JOURNAL OF THE SENATE,
The following bills were introduced, read the first time, and referred to committees:
SB 82. By Senator Chapman of the 32nd:
A bill to amend Code Section 88-2603, relating to the power and duties of the Board of Health in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in incorporated communities of 5,000 or more popu lation according to the 1960 or any future federal decennial census; and for other purposes.
Referred to Committee on Health and Welfare.
SB 83. By Senator Chapman of the 32nd:
A bill to amend the Statewide Probation Act, so as to change the desig nation of the circuit probation officers to circuit probation supervisors, and the designation of field superintendents to area superintendents; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
SB 84. By Senators Chapman of the 32nd, Stephens of the 36th, Abney of the 53rd and others:
A bill to provide tenure for teachers and other professional personnel of local school systems; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 85. By Senator Hensley of the 33rd:
A bill to amend Code Section 95-1504, as amended, to provide that the State Highway Department is authorized to make regulations for in stallation, construction, maintenance, repair, renewal, removal, reloca tion of pipes, mains, conduits, cables, wires, poles, towers, tracks, and other equipment of any public utility on, along, over or under any State Highway Project; to make violation a misdemeanor; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.
SB 86. By Senator Hensley of the 33rd and Searcey of the 2nd:
A bill to amend the existing eminent domain procedures, so as to pro vide that condemnees may draw only seventy-five percent of awards when appealing the amount of such awards to a higher tribunal; and for other purposes.
Referred to Committee on Highways.
FEIDAY, JANUARY 24, 1969
155
SB 87. By Senators Hensley of the 33rd and Searcey of the 2nd:
A bill to provide that the State Highway Department shall require utilities to obtain permits to use or occupy portions of roads or streets on the State Highway System and on other roads and streets in which the Department holds title to the right-of-way; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.
SB 88. By Senators Hensley of the 33rd and Searcey of the 2nd:
A bill to amend Chapter 3-7 of the Code of Georgia of 1933, relating to periods of limitation of actions on contracts; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 89. By Senator Cox of the 21st:
A bill to amend an Act creating the Department of Public Safety, so as to provide that while patrolling the public roads and highways of this State during the hours of darkness, no patrolling vehicle of the Depart ment of Public Safety shall be operated with less than 2 members of the Uniform Division of said Department; and for other purposes.
Referred to Committee on Highways.
SB 90. By Senators Cox of the 21st and Walling of the 42nd:
A bill to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for inclusion in the system; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
SB 91. By Senators Fincher of the 51st and Chapman of the 32nd:
A bill to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.
SR 25. By Senators Coggin of the 35th and Rowan of the 8th:
A resolution to amend Senate Resolution No. 3, relative to officials, em ployees and committees of the Senate, which resolution was adopted at the 1969 session; and for other purposes.
Referred to Committee on Rules.
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JOURNAL OF THE SENATE,
The following bills were read the first time and referred to committees:
HB 17. By Mr. McClatchey of the 113th:
A bill to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to permit employees or mem bers insured for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; and for other purposes.
Referred to Committee on Banking and Finance.
HB 18. By Messrs. McClatchey of the 113th and Conner of the 56th:
A bill to amend Code Section 56-1027, relating to special investments which may be made by insurers, so as to clarify that such investments may be made without limitation; and for other purposes.
Referred to Committee on Banking and Finance.
HB 19. By Mr. McClatchey of the 113th:
A bill to amend an Act relating to gifts of securities to minors, so as to provide for the gift of life insurance policies and annuity contracts to minors; and for other purposes.
Referred to Committee on Banking and Finance.
HB 20. By Messrs. McClatchey of the 113th and Conner of the 56th:
A bill to amend an Act known as the Georgia Insurance Code, so as to confirm and clarify the right under the present law to provide for the assignment under which a person covered by a group life insurance policy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy; and for other purposes.
Referred to Committee on Banking and Finance.
HB 46. By Mr. Geisinger of the 72nd:
A bill to provide that any party, defendant or other person permitted or required by law to give or post bond (or bail) as surety or security for the happening of any event or act, may discharge such requirement by depositing cash in the amount of the bond so required with the ap propriate person; and for other purposes.
Referred to Committee on Judiciary.
FRIDAY, JANUARY 24, 1969
157
HB 47. By Mr. Geisinger of the 72nd:
A bill to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper au thorities to release the criminal accused or defendant on a bond signed by any responsible resident of the county, etc.; and for other purposes.
Referred to Committee on Judiciary.
HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th and others:
A bill to provide for the registration and regulation of cemeteries; and for other purposes.
Referred to Committee on Industry and Labor.
HB 74. By Messrs. Pickard, Buck, Jones of the 84th and others:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to expand the definition of the word "project"; and for other purposes.
Referred to Committee on Health and Welfare.
HB 123. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act placing the clerk of the superior court and ordi nary of Hart County upon an annual salary, so as to change the method of compensating the deputy clerk of the superior court and the clerk of the ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 124. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the method of compensating the deputy sheriffs; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 125. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to change the method of compensating the assistant to the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 126. By Mr. Phillips of the 29th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the compensa-
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tion of the Chairman of said Board of Commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 127. By Mr. Phillips of the 29th:
A bill to amend an Act placing the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Columbia County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, Sheriff and Tax Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 129. By Messrs. Brown and Melton of the 32nd: A bill to amend an Act establishing the City Court of Griffin, so as to change the name of the City Court of Griffin; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 130. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 131. By Messrs. Adams of the 100th, Hill of the 97th, Brantley of the 114th and others:
A bill to provide that in all counties having a population of 500,000 or more, all moneys arising from fines and forfeited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, etc. shall be paid directly to the county treasurer or the officer or institution performing the duties of the county treasurer; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 134. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; and for other purposes.
Referred to Committee on County and Urban Affairs.
FRIDAY, JANUARY 24, 1969
159
The following bills were read the second time:
SB 72. By Senator Smalley of the 28th:
A bill to revise, classify, consolidate, and supersede the present laws re lating to the procedure in the courts of Georgia in all criminal pro ceedings and to establish new laws relating thereto; to repeal conflicting laws; and for other purposes.
SB 73. By Senator Smalley of the 28th:
A bill to provide for the number of directors of railroad corporations; to provide for the ratification of prior actions of Boards of Directors thereof; to repeal conflicting laws; and for other purposes.
SB 74. By Senator Smalley of the 28th:
A bill to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to completely revise said fees; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
SB 75. By Senator Bateman of the 27th:
A bill creating the Bibb County Board of Education, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; to re peal conflicting laws; and for other purposes.
SB 81. By Senator Miller of the 43rd:
A bill to prohibit business activities on Sunday; to provide for excep tions; to provide for penalties; to define "retail establishment"; to repeal Code Section 26-9908, relating to the penalty for violating the Sabbath; to repeal conflicting laws; and for other purposes.
HB 30. By Mr. Levitas of the 77th:
A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
HB 69. By Messrs. Felton of the 95th, Harris of the 67th, Buck of the 84th, Bray of the 31st, Carnes of the 104th, Murphy of the 19th, Paris of the 14th and Jones of the 59th:
A bill to provide that a driver or operator of a motor vehicle or air plane shall owe to a guest passenger thereof the duty to exercise ordi nary care; and for other purposes.
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JOURNAL OF THE SENATE,
HB 75. By Mr. Pickard of the 84th:
A bill to provide that it shall be unlawful after January I, 1972, for any person to serve in more than one elective public office for which com pensation is paid out of public funds; and for other purposes.
HB 78. By Messrs. Nessmith, Land and Parker of the 44th:
A bill to amend an Act creating a charter for the Town of Rincon, so as to provide for the election of a Recorder and the appointment of a recorder pro tern; and for other purposes.
HB 79. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc.", so as to permit certain categories of employees of the City of Macon, not now eligible for participation in Division "A" of said pensions and retirement system, to become members and participate therein, as provided by said Division "A"; and for other purposes.
HB 80. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A bill to amend an Act entitled "An Act to Reenact the Charter of the City of Macon contained in the act approved August 17, 1914, etc.", so as to extend the city limits of the City of Macon; and for other purposes.
HB 94. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act creating and establishing the City Court of Habersham County, so as to change the name of said court to the Civil and Criminal Court of Habersham County; and for other purposes.
HB 95. By Messrs. Gunter and Moore of the 6th:
A bill to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes.
HB 96. By Messrs. Gunter and Moore of the 6th:
A bill to change the method for choosing successors to the Board of Trustees of the Habersham County Hospital Authority; and for other purposes.
HB 97. By Messrs. Gunter and Moore of the 6th:
A bill to abolish the present mode of compensating the Ordinary of Ha bersham County, known as the fee system; and for other purposes.
FRIDAY, JANUARY 24, 1969
161
HB 105. By Messrs. Busbee, Hutchinson, Odom and Lee of the 61st:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a supplement to the judge's salary; and for other purposes.
HB 106. By Messrs. Lane of the 101st, Winkles of the 96th, Horton of the 95th, Adams of the 100th, Hood of the 99th, Cook of the 95th, Daugherty of the 109th, Brantley of the 114th 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 of Fulton County", so as to clarify the wording of the formula provided in the amendment approved March 4, 1966, for computing a refund of a portion of the employees' contributions in certain cases; and for other purposes.
HB 110. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax commissioner and to change the method for determining his salary; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Holloway of the 12th District, Vice-Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the Senate and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations:
SB 50. Do pass.
Respectfully submitted, Holloway of 12th District, Vice-Chairman.
Senator Webb of the llth District, Chairman of the Committee on Retirement, submitted the following report:
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JOURNAL OP THE SENATE,
Mr. President:
Your Committee on Retirement 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 12. Do pass as amended.
Respectfully submitted, Webb of llth District, Chairman.
The president announced as the doctor for today, Dr. Fleming Jolley, and as the nurse for today, Lucia Midkiff.
Scripture reading and prayer were offered by the Reverend William Ruff, pastor, First Methodist Church, Marietta, Georgia.
The roll was called, and the following senators answered to their names:
Abney Adams of 5th Andrews Bateman Broun Brown Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Padgett Pennington Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 19. By Senators Bateman of the 27th and Adams of the 26th:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain
FRIDAY, JANUARY 24, 1969
163
changes in said Acts", as amended, so as to increase pension benefits payable to dependents of firemen and policemen whose deaths result in the line of duty and other causes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 27. By Senators Searcey of the 2nd and Riley of the 1st:
A bill to amend an Act entitled "An Act to create and organize com missioners of Chatham County, who shall be ex officio judges, to de fine their jurisdiction and duties, and for other purposes", approved Feb. 21, 1873 (Ga. L. 1873, p. 235), as amended, so as to provide that said county officers shall be elected on a county wide basis by the voters 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 70. By Senators Jackson of the 16th, Hudgins of the 15th and Reynolds of the 48th:
A bill to amend an Act abolishing the fee system in the Superior Courts of Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of the solicitor general, so as to change the compensation of the assistant solicitor general; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
KB 10. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st: A bill to amend an Act relating to pensions of the City of Albany, so as to increase the amount which the City of Albany may levy, 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.
HB 27. By Mr. Sorrells of the 24th: A bill to provide revenue and a source of revenue for the purpose of im proving the operation of the courts and promoting justice in any coun ties in this State having a population of not less than 20,200 and not more than 20,500; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 29. By Mrs. Merritt of the 46th and Mr. Parker of the 46th: A bill to amend an Act creating a system of retirement for employees of the City of Americus, so as to change the employer and employee contributions to said retirement 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 41, nays 0.
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165
The bill, having received the requisite constitutional majority, was passed.
HB 36. By Mr. Collier of the 54th:
A bill to amend an Act providing for a charter of the City of Smithville, so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current expenses not in excess of 15 mills on the dollar upon the assessed values of all real and personal property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 38. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th and Paris of the 14th:
A bill to provide an expense allowance for operation of the office of District Attorney of the Western 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 40. By Mr. Sorrells of the 24th: A bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of 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 41, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
HB 41. By Mr. Sorrells of the 24th: 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 basis, so as to change the compensation of said officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 42. By Mr. Sorrells of the 24th:
A bill to amend an Act creating the Office of Tax Commissioner of Wal-
:
ton 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 43. By Messrs. Pickard, Buck and Jones of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th:
A bill to amend an Act relating to permanent pension fund for present and future employees of Muscogee County, so as to provide that em ployees of the Muscogee County Hospital Authority and Muscogee County Airport Commission shall be eligible to join the Pension Fund; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, JANUARY 24, 1969
167
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 54. By Mr. Sorrells of the 24th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 55. By Mr. Sorrells of the 24th:
A bill to amend an Act changing the manner and method of choosing members of the Board of Education of Walton County, so as to provide that members of the Walton County Board of Education shall be elected by the electors of Walton County School 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 56. By Mr. Gunter of the 6th: A bill to amend an Act creating 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.
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On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 57. By Mr. Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Habersham 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 65. By Messrs Parker, Lane and Nessmith of the 44th: A bill to grant a new charter to the Town of Newington in Screven 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 67. By Messrs. Dodson of the 82nd, Knapp, Keen, Evans and Pinkston of the 81st, Grahl of the 40th and Peterson and Nunn of the 41st:
A bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, JANUARY 24, 1969
169
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Smith of the 18th moved that HB 67 be immediately transmitted to the House.
On the motion, the ayes were 39, nays 0, and the motion prevailed.
The following resolution was read and adopted:
SR 27. By Senators Hensley of the 33rd, Chapman of the 32nd, Maclntyre of the 40th and others:
A resolution commending and expressing appreciation to Dr. Edwin Davis Harrison; and for other purposes.
Miss Wyomia Tyus, accompanied by Mrs. Marie Tyus, appeared upon the floor of the Senate, and was introduced by Senator Smalley of the 28th.
The following resolution was read and adopted:
SR 28. By Senator Smalley of the 28th: A resolution extending thanks and congratulations to Miss Wyomia Tyus for the distinction and honor which she brought to the State of Georgia and to her home town of Griffin, Georgia, in winning a Gold Medal in the Relay Race in the Olympics; and for other purposes.
Miss Tyus addressed the Senate briefly, with words of appreciation for the honor accorded her in having Saturday, January 25, 1969 set aside as "Wyomia Tyus Day" in Georgia.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report
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the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 21. SB 25. SB 30. SB 31. SB 32. SB 33.
Respectfully submitted, Eldridge of 7th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 17. Respectfully submitted, Eldridge of 7th District, Chairman.
The following general resolution of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:
SR 14. By Senators Hudgins of the 15th and Jackson of the 16th: A resolution relative to the National System of Interstate and Defense Highways; 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.
FRIDAY, JANUARY 24, 1969
171
The resolution, having received the requisite constitutional majority, was adopted.
Senator Maclntyre of the 40th moved that the Senate do now adjourn until 10:00 o'clock, February 10, 1969, as provided by the Constitution of the State of Georgia.
The motion prevailed, and the president announced the Senate adjourned until Monday morning, February 10th, at 10:00 o'clock.
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Senate Chamber, Atlanta, Georgia, Monday, February 10, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Eldridge of the 7th reported that the journal of Friday, January 24th, had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Alvin North, and as the nurses of the day, Shelby Lacy and Virginia Edwards.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
MONDAY, FEBRUARY 10, 1969
173
HB 82. By Mr. Bowen of the 47th:
A bill to amend an Act creating a charter for the City of Unadilla, so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; and for other purposes.
HB 148. By Messrs. Cooper and Wood of the llth: A bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Dawson County, known as the fee system; and for other purposes.
HB 149. By Messrs. Cooper and Wood of the llth: A bill to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of said county; and for other purposes.
HB 150. By Messrs. Cooper and Wood of the llth: A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner of said county; and for other purposes.
HB 151. By Messrs. Cooper and Wood of the llth: A bill to amend an Act creating the office of Commissioner of Dawson County, so as to change the compensation of the county commissioner of said county; and for other purposes.
HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th, Bond of the lllth, Marcus of the 105th and others: A bill to amend the Act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.
HB 157. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act creating a board of commissioners of Heard County, so as to change compensation of commissioners and to provide them with an expense allowance; and for other purposes.
HB 158. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act placing the sheriff of Heard County upon an annual salary, so as to change the compensation of the sheriff and his deputies; and for other purposes.
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JOURNAL OF THE SENATE,
HB 159. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to authorize the Clerk of the Superior Court of Heard County to employ a clerical assistant; and for other purposes.
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating a board of commissioners of roads and revenues for Clayton County, so as to change the provisions relating to the comptroller; and for other purposes.
HB 187. By Mrs. Hamilton of the 112th, Messrs, Brown of the 110th, Horton of the 95th, Marcus of the 105th, Gates of the 95th, Hood of the 99th and others:
A bill to amend an Act establishing a new charter for the City of At lanta, relating to wards; and for other purposes.
HB 196. By Messrs. Atherton, Burruss, Kreeger and Henderson of the 117th:
A bill to amend an Act providing a new charter for the City of Marietta, so as to provide for a retirement plan for policemen and firemen of the City; and for other purposes.
HR 76. By Messrs. Lee, Gary and Northcutt of the 21st:
A resolution proposing an amendment to the Constitution, so as to au thorize the governing authority of Clayton County to levy a tax not ex ceeding one-fourth mill on all of the taxable property in the county, for the purpose of creating a fund to be used in promoting, assisting, and encouraging the location of industries in said county; and for other purposes.
HR 45. By Messrs. Gaynor of the 88th, Funk of the 92nd, Ellis of the 91st, Whaley of the 93rd, Jones of the 87th and Battle of the 90th:
A resolution declaring certain land as surplus, and empowering and di recting the Governor to execute the necessary documents, so as to vest title of said land in the County of Chatham; and for other purposes.
HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A bill to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other purposes.
HB 90. By Messrs. Hale of the 1st and Harris of the 77th:
A bill to amend an Act providing for a tax on certain deeds, instru ments, or other writings transferring real estate, so as to provide that
MONDAY, FEBRUARY 10, 1969
175
said tax shall not apply to any lease on lands, tenements, standing tim ber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
HB 112. By Mr. Harris of the 77th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the increasing of death benefits in the amount of $500.00; and for other purposes.
HB 139. By Mr. Collier of the 54th:
A bill to amend an Act comprehensively and exhaustively revising, su perseding, and modernizing pretrial, trial and certain post trial proce dure in civil cases, known as the "Georgia Civil Practice Act", so as to provide that execution upon a judgment and proceedings thereon may be taken for its enforcement as soon as it is entered; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 100. By Messrs. Black of the 45th, Collins of the 62nd, Lowrey of the 9th, Matthews of the 16th, Reaves of the 71st and others:
A resolution commending Honorable J. Phil Campbell, Jr.; and for other purposes.
HR 108. By Messrs. Cole of the 3rd, Leonard of the 3rd and Smith of the 3rd: A resolution expressing sympathy at the passing of Judge Tom Pope; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 8. By Senator Webb of the llth: A bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide that service of summons and complaint shall not need be made on the father or mother or guardian of a minor if such minor is married; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
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JOURNAL OF THE SENATE,
HE 113. By Messrs. Ware, Blalock, Mullinax and Potts of the 30th and Wood of the llth:
A resolution convening a joint session of the General Assembly for the purpose of hearing an address by Major Stephen W. Pless and Lieu tenant Colonel Joe M. Jackson; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 92. By Senator Miller of the 43rd:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on the Highways", so as to make certain changes in relating to matters pertaining to the operation of vehicles while under the influence of intoxicating liquors or drugs; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.
SB 93. By Senator Chapman of the 32nd:
A bill to provide that the State of Georgia shall be a party to the "Inter state Compact on Juveniles"; to declare certain legislative findings; to authorize and direct the Governor to execute a compact on behalf of this State with other states legally joining therein; to provide for defini tions; to provide for the return of runaways, escapees and absconders and the procedures connected therewith; to provide for the supervision of delinquent juveniles placed on parole or probation and the procedures connected therewith; to provide that when executed the compact shall have the full force and effect of law within this State; to provide for a juvenile compact administrator; to authorize the compact administrator to promulgate rules and regulations to carry out the terms of the compact; to authorize the compact administrator to enter into supple mentary agreements with appropriate officials of other states; to au thorize the compact administrator to arrange to make any payments necessary to discharge any financial obligations imposed upon this State by the compact; to require the courts, departments, agencies, and of ficers of this State and its subdivisions to enforce the compact; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal & Correctional Affairs.
SB 94. By Senator Chapman of the 32nd:
A bill to provide that a step-parent shall be liable for the support and care of his step-child; and for other purposes.
Referred to Committee on Health and Welfare.
SB 95. By Senator Chapman of the 32nd:
A bill to authorize and empower the State Department of Family and Children Services to reimburse the County Commissioners or the con-
MONDAY, FEBRUARY 10, 1969
177
stituted fiscal or financial agent of any county 100% of the admin istrative expenses incurred by an employee of the County Department of Family and Children Services who has been assigned full time by the State Department of Family and Children Services to work in a State institution located in such county; and for other purposes.
Referred to Committee on Health and Welfare.
SB 96. By Senator Chapman of the 32nd:
A bill to amend an Act approved March 14, 1963, so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical, hospital, psychiatric, surgical, or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age; and for other purposes.
Referred to Committee on Health and Welfare.
SB 97. By Senator Searcey of the 2nd:
A bill to revise, to alter, and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.
Referred to Committee on County & Urban Affairs.
SB 98. By Senator Cox of the 21st:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide compensation for wages lost by certain employees who are re quired to serve on juries of courts created pursuant to the constitutions and laws of the United States and the State of Georgia; and for other purposes.
Referred to Committee on Judiciary.
SB 99. By Senator Johnson of the 38th:
A bill to amend an Act amending the Act establishing the Criminal Court of Atlanta, so as to change the provisions relating to the filling of vacancies occurring in the offices of Judge and Solicitor General of said court; and for other purposes.
Referred to Committee on County & Urban Affairs.
SB 100. By Senator Johnson of the 38th:
A bill to amend the Act creating the Civil Court of Fulton County so as to change the provisions relating to the filling of vacancies occurring in the office of the judge of said court; and for other purposes.
Referred to Committee on County & Urban Affairs.
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JOURNAL OF THE SENATE,
SB 101. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, and creating a Board of Commissioners of DeKalb County, so as to change the method of electing certain members of the Board of Commissioners; to repeal conflicting laws; and for other purposes.
Referred to Committee on County & Urban Affairs.
SB 102. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A bill to amend an Act creating and establishing in DeKalb County, Georgia, districts from which the members of the County Board of Ed ucation of DeKalb County shall be elected, so as to change the method of electing members of the board; to repeal conflicting laws; and for other purposes.
Referred to Committee on County & Urban Affairs.
SB 103. By Senator Vann of the 10th:
A bill to amend Code Chapter 23-17, relating to contracts by counties, as amended, so as to authorize the governing authority of the county to grant franchises for the purpose of rendering garbage disposal service; to repeal conflicting laws; and for other purposes.
Referred to Committee on County & Urban Affairs.
SB 104. By Senator Eldridge of the 7th:
A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; to repeal conflicting laws; and for other purposes.
Referred to Committee on Senate Administrative Affairs.
SB 105. By Senator Dean of the 6th:
A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), as amended, so as to provide that individuals who are laid off from work through no fault of their own, shall be paid for the individual's waiting period of one week under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry & Labor.
The following bills and resolutions were read the first time and referred to committees:
MONDAY, FEBRUARY 10, 1969
179
HB 82. By Mr. Bowen of the 47th:
A bill to amend an Act creating a charter for the City of Unadilla, so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A bill to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other purposes.
Referred to Committee on Health and Welfare.
HB 90. By Messrs. Hale of the 1st and Harris of the 77th:
A bill to amend an Act providing for a tax on certain deeds, instru ments, or other writings transferring real estate, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
Referred to Committee on Banking and Finance.
HB 112. By Mr. Harris of the 77th:
A bill to amend an Act creating the Peace Officers' Annuity and Bene fit Fund, so as to provide for the increasing of death benefits in the amount of $500.00; and for other purposes.
Referred to Committee on Retirement.
HB 139. By Mr. Collier of the 54th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial produre in civil cases, known as the "Georgia Civil Practice Act", so as to provide that execution upon a judgment and proceedings thereon may be taken for its enforcement as soon as it is entered; and for other purposes.
Referred to Committee on Judiciary.
HB 148. By Messrs. Cooper and Wood of the llth:
A bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Dawson County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
HB 149. By Messrs. Cooper and Wood of the llth:
A bill to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 150. By Messrs. Cooper and Wood of the llth:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 151. By Messrs. Cooper and Wood of the llth:
A bill to amend an Act creating the office of Commissioner of Dawson County, so as to change the compensation of the county commissioner of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th and others:
A bill to amend the Act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 157. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act creating a board of commissioners of Heard County, so as to change compensation of commissioners and to pro vide them with an expense allowance; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 158. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act placing the sheriff of Heard County upon an an nual salary, so as to change the compensation of the sheriff and his deputies; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 159. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th: A bill to authorize the Clerk of the Superior Court of Heard County to employ a clerical assistant; and for other purposes.
Referred to Committee on County and Urban Affairs.
MONDAY, FEBRUARY 10, 1969
181
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating a board of commissioners of roads and revenues for Clayton County, so as to change the provisions relating to the comptroller; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 187. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton of the 95th and others:
A bill to amend an Act establishing a new charter for the City of At lanta, relating to wards; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 196. By Messrs. Atherton, Burruss, Kreeger and Henderson of the 117th:
A bill to amend an Act providing a new charter for the City of Mari etta, so as to provide for a retirement plan for policemen and firemen of the City; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 45. By Messrs. Gaynor of the 88th, Funk of the 92nd, Ellis of the 91st and others:
A resolution declaring certain land as surplus, and empowering and directing the Governor to execute the necessary documents, so as to vest title of said land in the County of Chatham; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 76. By Messrs. Lee, Gary and Northcutt of the 21st:
A resolution proposing an amendment to the Constitution, 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 purpose of creating a fund to be used in promoting, assisting and encouraging the location of industries in said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolution were read the second time:
SB 82. By Senator Chapman of the 32nd:
A bill to amend Code Section 88-2603, relating to the power and duties of the Board of Health in regard to water supply quality control, so as
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to empower the State Board of Health to require fluoridation of potable public water supplies in incorporated communities of 5,000 or more population according to the 1960 or any future federal decennial census; and for other purposes.
SB 83. By Senator Chapman of the 32nd:
A bill to amend the Statewide Probation Act, so as to change the desig nation of the circuit probation officers to circuit probation supervisors, and the designation of field superintendents to area superintendents; to repeal conflicting laws; and for other purposes.
SB 84. By Senators Chapman of the 32nd, Stephens of the 36th, Abney of the 53rd and others:
A bill to provide tenure for teachers and other professional personnel of local school systems; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 85. By Senator Hensley of the 33rd:
A bill to amend Code Section 95-1504, as amended, to provide that State Highway Department is authorized to make regulations for installa tion, construction, maintenance, repair, renewal, removal, relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks, and other equipment of any public utility on, along, over or under any State High way Project; to make violation a misdemeanor; to repeal conflicting laws; and for other purposes.
SB 86. By Senators Hensley of the 33rd and Searcey of the 2nd:
A bill to amend the existing eminent domain procedures, so as to provide that condemnees may draw only seventy-five percent of awards when appealing the amount of such awards to a higher tribunal.
SB 87. By Senators Hensley of the 33rd and Searcey of the 2nd:
A bill to provide that the State Highway Department shall require Utilities to obtain permits to use or occupy portions of roads or streets on the State Highway System and no other roads and streets in which the Department holds title to the right-of-way; to repeal conflicting laws; and for other purposes.
SB 88. By Senators Hensley of the 33rd and Searcey of the 2nd:
A bill to amend Chapter 3-7 of the Code of Georgia of 1933, relating to periods of limitation of actions on contracts; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 10, 1969
183
SB 89. By Senator Cox of the 21st:
A bill to amend an Act creating the Department of Public Safety, so as to provide that while patrolling the public roads and highways of this State during the hours of darkness, no patrolling vehicle of the Depart ment of Public Safety shall be operated with less than 2 members of the Uniform Division of said Department; and for other purposes.
SB 90. By Senators Cox of the 21st and Walling of the 42nd:
A bill to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for inclusion in the system; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 91. By Senators Fincher of the 51st and Chapman of the 32nd:
A bill to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharma cy; to provide an effective date; to repeal conflicting laws; and for other purposes.
SR 25. By Senators Coggin of the 35th and Rowan of the 8th:
A resolution to amend Senate Resolution No. 3, relative to officials, employees and committees of the Senate, which resolution was adopted at the 1969 session; and for other purposes.
HB 17. By Mr. McClatchey of the 113th:
A bill to amend Code Section 56-2703, relating to life insurance cover age for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; and for other purposes.
HB 18. By Messrs. McClatchey of the 113th and Conner of the 56th:
A bill to amend Code Section 56-1027, relating to special investments which may be made by insurers, so as to clarify that such investments may be made without limitation; and for other purposes.
HB 19. By Mr. McClatchey of the 113th:
A bill to amend an Act relating to gifts of securities to minors, so as to provide for the gift of life insurance policies and annuity contracts to minors; and for other purposes.
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KB 20. By Messrs. McClatchey of the 113th and Conner of the 56th:
A bill to amend an Act known as the Georgia Insurance Code, so as to confirm and clarify the right under the present law to provide for the as signment under which a person covered by a group life insurance policy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy; and for other purposes.
HB 46. By Mr. Geisinger of the 72nd:
A bill to provide that any party, defendant or other person permitted or required by law to give or post bond (or bail) as surety or security for the happening of any event or act, may discharge such requirement by depositing cash in the amount of the bond so required with the ap propriate person; and for other purposes.
HB 47. By Mr. Geisinger of the 72nd:
A bill to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper authorities to release the criminal accused or defendant on a bond signed by any responsible resident of the county, etc.; and for other purposes.
HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th and others:
A bill to provide for the registration and regulation of cemeteries; and for other purposes.
HB 74. By Messrs. Pickard, Buck, Jones of the 84th and others:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to expand the definition of the word "project"; and for other purposes.
HB 123. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, so as to change the method of compensating the deputy clerk of the superior court and the clerk of the ordinary; and for other purposes.
HB 124. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the method of compensating the deputy sheriffs: and for other purposes.
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185
HB 125. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to change the method of compensating the assistant to the tax commissioner; and for other purposes.
HB 126. By Mr. Phillips of the 29th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the compensation of the Chairman of said Board of Commissioners; and for other purposes.
HB 127. By Mr. Phillips of the 29th:
A bill to amend an Act placing the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Columbia County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, Sheriff and Tax Commissioner; and for other purposes.
HB 129. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act establishing the City Court of Griffin, so as to change the name of the City Court of Griffin; and for other purposes.
HB 130. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.
HB 131. By Messrs. Adams of the 100th, Hill of the 97th, Brantley of the 114th and others:
A bill to provide that in all counties having a population of 500,000 or more, all moneys arising from fines and forfeited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, etc. shall be paid directly to the county trea surer or the officer or institution performing the duties of the county treasurer; and for other purposes.
HB 134. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act amending, revising and consolidating the sev eral Acts granting corporate authority to the Town of Leslie, so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; and for other purposes.
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The following resolution was read and adopted:
HK 113. By Messrs. Ware, Blalock, Mullinax and Potts of the 30th and Wood of the llth:
A resolution convening a joint session of the General Assembly for the purpose of hearing an address by Major Stephen W. Pless and Lieu tenant Colonel Joe M. Jackson; and for other purposes.
The president appointed as a Committee of Escort on the part of the Senate the following:
Senators Plunkett of the 30th, Kidd of the 25th, Coggin of the 35th, Stephens of the 36th, Hudgins of the 15th, Pennington of the 45th, Reeder of the 55th and Smith of the 34th.
The following report of a standing committee was read by the secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 52. Do pass. HB 17. Do pass. HB 18. Do pass. HB 19. Do pass. HB 20. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
The roll was called, and the following Senators answered to their names:
Abney Adams of 5th Andrews
Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox
Dean Doss Eldridge
Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill
Holley Holloway Hudgins
Jackson Johnson Kennedy Kidd London Maclntyre McGill
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187
Miller Noble
Padgett Pennington Plunkett Reeder Reynolds Riley
Rowan Scott
Searcey Smalley Smith of 18th Smith of 34th Starr Stephens
Trippe Tysinger
Vann Walling Ward Webb Young Zipperer
Scripture reading and prayer were offered by the Reverend Marion Pierson, pastor, First Methodist Church, LaFayette, Georgia.
The hour for convening the Joint Session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, pro ceeded to the hall of the House of Representatives. Major Stephen W. Pless, committee of escort and other distinguished visitors appeared upon the floor of the House. The Joint Session, called for the purpose of hearing an address
by Major Pless and Lieutenant Colonel Jackson, was called to order by the president.
The secretary of the Senate read the resolution calling for the Joint Session.
Mr. Ware of the 30th introduced Major Pless who addressed the Joint Session of the Senate and House, with a very challenging speech praising the accomplishments of the boys in Vietnam and emphasizing the extremely high morale of the servicemen in Vietnam.
Lieutenant Colonel Jackson was unable to be present due to the fact that he was snowed in in Boston.
Senator Coggin of the 35th moved that the Joint Session be now dissolved, and the motion prevailed.
The president announced the Joint Session dissolved. The senators returned to the Senate Chamber and resumed the regular order of business.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 12. By Senator Smalley of the 28th: A bill to amend an Act creating the Trial Judges and Solicitors Re tirement Fund, approved March 11, 1968 (Ga. L. 1968, p. 259), so as to
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remove the provision prohibiting trial judges and solicitors from prac ticing law while receiving retirement pay; to repeal conflicting laws; and for other purposes.
The Committee on Retirement offered the following amendment:
Amend SB 12 by adding, in the caption, after the phrase "so as to remove the provision prohibiting trial judges and solicitors" and be fore the phrase "from practicing law while receiving retirement pay" the further phrase "of inferior courts".
On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 43, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 50. By Senator Pennington of the 45th: A bill to amend Code Section 13-2027, relating to the maintenance of reserves by banks, as amended by an Act approved April 18, 1967 (Ga. L. 1967, p. 798), so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in cer tain governmental obligations and certificates of deposit; and for other purposes.
Senator Broun of the 46th offered the following amendment:
Amend SB 50 by striking Section 2 in its entirety, and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall become effective January 1, 1971."
On the adoption of the amendment, the ayes were 17, nays 29.
The amendment, having failed to receive the requisite constitutional ma jority, was lost.
MONDAY, FEBRUARY 10, 1969
189
Senator Noble of the 19th moved that SB 50 be tabled.
On the motion to table, the ayes were 14, nays 36, and the motion was lost.
Senator Noble of the 19th moved that SB 50 be postponed one week.
On the motion to postpone one week, the ayes were 20, nays 32, and the motion to postpone was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Eldridge of the 7th 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 of 5th Bateman Broun of 46th
Chapman Coggin Doss Fincher of 54th Hardy Hensley Holley Holloway Hudgins
Jackson Johnson Kennedy Maclntyre Miller Padgett Pennington Reeder Reynolds Riley Rowan Scott
Searcey Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger Walling Ward Zipperer
Those voting in the negative were Senators:
Abney Andrews Brown of 47th Carter Cox Dean
Eldridge Fincher of 51st Gillis Hill Kidd London
McGill Noble Vann Webb Young
By unanimous consent, verification of the roll call was dispensed with.
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On the passage of the bill, the ayes were 35, nays 17.
The bill, having received the requisite constitutional majority, was passed.
The following resolutions were read and adopted:
SR 29. By Senator Coggin of the 35th:
A resolution commending the University of Georgia Football Team; and for other purposes.
SR 30. By Senator Tysinger of the 41st:
A resolution requesting the Honorable Ben B. Blackburn to speak to the Senate; and for other purposes.
SR 31. By Senator Riley of the 1st:
A resolution relative to the National System of Interstate and Defense Highways; and for other purposes.
SR 32. By Senator Doss of the 52nd:
A resolution commending Honorable David Harvey; and for other pur poses.
SR 33. By Senator Doss of the 52nd: A resolution commending Honorable Richard Lee Starnes, Jr.; and for other purposes.
Senator Eldridge of the 7th, 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 resolution 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:
SR 14. SB 19.
SB 27. SB 70.
MONDAY, FEBRUARY 10, 1969
191
Respectfully submitted, Eldridge of the 7th District, Chairman.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 8. By Senator Webb of the llth:
A bill to amend an Act known as the "Georgia Civil Practice Act" approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, so as to provide that service of summons and complaint shall not need be made on the father or mother or guardian of a minor if such minor is mar ried; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
The House Judiciary Committee moved to amend SB 8 by striking the word "need" from the fourth line of the caption and by striking the word "need" from the next to last line of quoted subsection (3) in Section 1 of the bill.
Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 8.
On the motion, the ayes were 41, nays 0.
The motion prevailed, and the House amendment was agreed to.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Tuesday, February 11, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Eldridge of the 7th 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 Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Robert Webster, and as the nurse of the day, Miss Shirley Ballenger.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following; bills and resolution of the House, to-wit:
TUESDAY, FEBRUARY 11, 1969
193
HB 113. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-105 to extend the boundary between Georgia and Florida from the mouth of St. Marys River to the seaward limit of Georgia; and for other purposes.
HB 114. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-102, to extend the boundary between Georgia and South Carolina from the mouth of Savannah River to seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; and for other purposes.
HB 115. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-101 so as to conform same to the presently existing boundaries of this State; and for other purposes.
HR 37. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th:
A resolution authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia, the "Moina Michael Highway"; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 16. By Senators Webb of the llth and Broun of the 46th: A bill to amend all Acts, Resolutions and Code Sections in which the phrase "Solicitor General" appears by striking said phrase and substi tuting in lieu thereof the phrase "District Attorney"; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 125. By Messrs. McDaniell, Atherton, Burruss, Henderson, Housley, Kreeger and Wilson of the 117th: A resolution relative to the Lockheed Georgia Corporation; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
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SB 106. By Senator Carter of the 14th:
A bill to amend an Act to authorize and direct the Director of the Department of Public Safety to provide for temporary drivers' licenses; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities & Transportation.
SB 107. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; to clarify pay provisions; to provide for certain immunity; to repeal conflicting laws; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
SB 108. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend an Act exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel", to define "commissioned officers"; to increase the exemption for cer tain commissioned officers; to provide an effective date; to repeal con flicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 109. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend the Code of Georgia, as amended, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain disabled veterans shall be valid and binding; to provide that the deeds, security deeds and any other conveyances of property to or by certain disabled veterans shall be valid and binding; and for other purposes.
Referred to Committee on Judiciary.
SB 110. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
TUESDAY, FEBRUARY 11, 1969
195
SB 111. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia vet erans to and from hospitals, so as to authorize said Department to also transport Georgia veterans to, from, and between facilities operated by the Veterans Service Board for the care and treatment of veterans; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
SB 112. By Senator London of the 50th:
A bill to create a Board of Commissioners of Rabun County; to name the initial commissioners; to provide for audits and publications there of; to repeal specific laws; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 113. By Senators Dean of the 6th, Eldridge of the 7th, Rowan of the 8th and others:
A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to change the maximum rate of sales of tobacco at any warehouse; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
SB 114. By Senator Kidd of the 25th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors, as amended, so as to provide that the board shall record and file the valuation fixed and assessed on corrected returns; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimi nal Code, so as to repeal the code section relating to the improper use of a credit card; and for other purposes.
Referred to Committee on Judiciary.
SR 35. By Senators Tysinger of the 41st, Reeder of the 55th and Miller of the 43rd:
A resolution proposing an amendment to the Constitution, so as to provide that the powers, duties and responsibilities of the sheriff of
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DeKalb County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision, thereof, shall he exercised by the county police force of DeKalb County; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 36. By Senator Pennington of the 45th:
A resolution authorizing the Senate Agriculture and Natural Re sources Committee to function after final adjournment of the 1969 Session of the General Assembly; and for other purposes.
Referred to Committee on Rules.
SR 37. By Senator Carter of the 14th:
A resolution creating the Providence Canyon Study Committee; and for other purposes.
Referred to Committee on Rules.
The following bills and resolution were read the first time and referred to committees:
HB 113. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-105 to extend the boundary between Georgia and Florida from the mouth of St. Marys River to the seaward limit of Georgia; and for other purposes.
Referred to Committee on Judiciary.
HB 114. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-102, to extend the boundary between Georgia and South Carolina from the mouth of Savannah River to seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; and for other purposes.
Referred to Committee on Judiciary.
HB 115. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-101 so as to conform same to the presently existing boundaries of this State; and for other purposes.
Referred to Committee on Judiciary.
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197
HR 37. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th:
A resolution authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia, the "Moina Michael Highway"; and for other purposes.
Referred to Committee on Highways.
The following bills and resolutions were read the second time:
SB 92. By Senator Miller of the 43rd:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on the Highways", so as to make certain changes in relating to matters pertaining to the operation of vehicles while under the influence of intoxicating liquors or drugs; to repeal conflicting laws; and for other purposes.
SB 93. By Senator Chapman of the 32nd:
A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to declare certain legislative find ings: to authorize and direct the Governor to execute a compact on behalf of this State with other states legally joining therein; to pro vide for definitions; to provide for the return of runaways, escapees and absconders and the procedures connected therewith; to provide for the supervision of delinquent juveniles placed on parole or probation and the procedures connected therewith; to provide that when executed the compact shall have the full force and effect of law within this State; to provide for a juvenile compact administrator; to authorize the compact administrator to promulgate rules and regulations to carry out the terms of the compact; to authorize the compact administrator to enter into supplementary agreements with appropriate officials of other states; to authorize the compact administrator to arrange to make any payments necessary to discharge any financial obligations imposed upon this State by the compact; to require the courts, depart ments, agencies, and officers of this State and its subdivisions to enforce the compact; to repeal conflicting laws; and for other purposes.
SB 94. By Senator Chapman of the 32nd:
A bill to provide that a step-parent shall be liable for the support and care of his step-child; and for other purposes.
SB 95. By Senator Chapman of the 32nd:
A bill to authorize and empower the State Department of Family and Children Services to reimburse the County Commissioners or the con stituted fiscal or financial agent of any county 100% of the adminis-
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trative expenses incurred by an employee of the County Department of Family and Children Services who has been assigned full time by the State Department of Family and Children Services to work in a State institution located in such county; and for other purposes.
SB 96. By Senator Chapman of the 32nd:
A bill to amend an Act approved March 14, 1963, so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical, hospital, psychiatric, surgical, or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age; and for other purposes.
SB 97. By Senator Searcey of the 2nd: A bill to revise, to alter, and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.
SB 98. By Senator Cox of the 21st: A bill to amend Code Title 59, relating to juries, as amended, so as to provide compensation for wages lost by certain employees who are required to serve on juries of courts created pursuant to the con stitutions and laws of the United States and the State of Georgia; and for other purposes.
SB 99. By Senator Johnson of the 38th: A bill to amend an Act amending the Act establishing the Criminal Court of Atlanta, so as to change the provisions relating to the filling of vacancies occurring in the office of Judge and Solicitor General of said court; and for other purposes.
SB 100. By Senator Johnson of the 38th:
A bill to amend the Act creating the Civil Court of Fulton County so as to change the provisions relating to the filling of vacancies occurring in the office of the judge of said court; and for other pur poses.
SB 101. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, and creating a Board of Commissioners of DeKalb County, so as to change the
TUESDAY, FEBRUARY 11, 1969
199
method of electing certain members of the Board of Commissioners; to repeal conflicting laws; and for other purposes.
SB 102. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A bill to amend an Act creating and establishing in DeKalb County, Georgia, districts from which the members of the County Board of Education of DeKalb County shall be elected, so as to change the method of electing members of the board; to repeal conflicting laws; and for other purposes.
SB 103. By Senator Vann of the 10th:
A bill to amend Code Chapter 23-17, relating to contracts by counties, as amended, so as to authorize the governing authority of the county to grant franchises for the purpose of rendering garbage disposal service; to repeal conflicting laws; and for other purposes.
SB 104. By Senator Eldridge of the 7th:
A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchase through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; to repeal conflicting laws; and for other purposes.
SB 105. By Senator Dean of the 6th:
A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), as amended, so as to provide that individuals who are laid off from work through no fault of their own, shall be paid for the individual's waiting period of one week under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 82. By Mr. Bowen of the 47th:
A bill to amend an Act creating a charter for the City of Unadilla, so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; and for other purposes.
HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A bill to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other pur poses.
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KB 90. By Messrs. Hale of the 1st and Harris of the 77th:
A bill to amend an Act providing for a tax on certain deeds, instru ments, or other writings transferring real estate, so as to provide that said tax shall not apply to any lease on lands, tenements, stand ing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
HB 112. By Mr. Harris of the 77th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the increasing of death benefits in the amount of $500.00; and for other purposes.
HB 139. By Mr. Collier of the 54th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the "Georgia Civil Practice Act", so as to provide that execution upon a judgment and proceedings thereon may be taken for its enforcement as soon as it is entered; and for other purposes.
HB 148. By Messrs. Cooper and Wood of the llth:
A bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Dawson County, known as the fee system; and for other purposes.
HB 149. By Messrs. Cooper and Wood of the llth:
A bill to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of said county; and for other purposes.
HB 150. By Messrs. Cooper and Wood of the llth:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commis sioner of said county; and for other purposes.
HB 151. By Messrs. Cooper and Wood of the llth:
A bill to amend an Act creating the office of Commissioner of Dawson County, so as to change the compensation of the county commissioner of said county; and for other purposes.
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201
HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th and others:
A bill to amend the Act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.
HB 157. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act creating a board of commissioners of Heard County, so as to change compensation of commissioners and to provide them with an expense allowance; and for other purposes.
HB 158. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act placing the sheriff of Heard County upon an annual salary, so as to change the compensation of the sheriff and his deputies; and for other purposes.
HB 159. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to authorize the Clerk of the Superior Court of Heard County to employ a clerical assistant; and for other purposes.
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating a board of commissioners of roads and revenues for Clayton County, so as to change the provisions relating to the comptroller; and for other purposes.
HB 187. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton of the 95th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to wards; and for other purposes.
HB 196. By Messrs, Atherton, Burruss, Kreeger and Henderson of the 117th:
A bill to amend an Act providing a new charter for the City of Mari etta, so as to provide for a retirement plan for policemen and firemen of the City; and for other purposes.
HR 45. By Messrs. Gaynor of the 88th, Funk of the 92nd, Ellis of the 91st and others:
A resolution declaring certain land as surplus, and empowering and directing the Governor to execute the necessary documents, so as to
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vest title of said land in the County of Chatham; and for other pur poses.
HE 76. By Messrs. Lee, Gary and Northcutt of the 21st:
A resolution proposing an amendment to the Constitution, so as to authorize 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 purpose of creating a fund to be used in promoting, assisting and encouraging the location of industries in said county; and for other purposes.
The following resolutions were read and adopted:
SR 34. By Senator Broun of the 46th:
A resolution commending the Oglethorpe County Football Team; and for other purposes.
SR 38. By Senator Starr of the 44th:
A resolution commending the Forest Park Senior High School Football Team for winning the North Georgia AAA Championship; and for other purposes.
SR 39. By Senator Starr of the 44th:
A resolution commending the Honorable Carl Madison, Coach of the Forest Park Senior High Football "Panthers" for being named Coach of the Year; and for other purposes.
SR 40. By Senator Broun of the 46th:
A resolution commending the Athens High Football Team; and for other purposes.
HR 100. By Messrs. Black and Edwards of the 45th and others:
A resolution commending Honorable J. Phil Campbell; and for other purposes.
HR 108. By Messrs. Cole, Leonard and Smith of the 3rd:
A resolution expressing sympathy at the passing of Judge Tom Pope; and for other purposes.
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203
HR 125. By Messrs. McDaniell, Atherton, Burruss, Henderson, Housley, Kreeger and Wilson of the 117th:
A resolution relative to the Lockheed Georgia Corporation; and for other purposes.
Senator Coggin of the 35th asked unanimous consent that the roll call be dispensed with.
The consent was granted.
Scripture reading and prayer were offered by the Reverend Leonard Cochran, pastor, Perry United Methodist Church, Perry, Georgia.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 52. By Senators Gillis of the 20th, Cox of the 21st, Kidd of the 25th and Starr of the 44th:
A bill to amend Section 56-808a of the Georgia Insurance Code, so as to change the word "state" to the word "jurisdiction" in certain instances; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 17. By Mr. McClatchey of the 113th:
A bill to amend Code Section 56-2703, relating to life insurance cover age for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 18. By Messrs. McClatchey of the 113th and Conner of the 56th:
A bill to amend Code Section 56-1027, relating to special investments which may be made by insurers, so as to clarify that such investments may be made without limitation; and for other purposes.
The report 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 19. By Mr. McClatchey of the 113th: A bill to amend an Act relating to gifts of securities to minors, so as to provide for the gift of life insurance policies and annuity contracts to minors; and for other purposes.
Senator Holley of the 22nd offered the following amendment:
Amend HB 19 by striking from Section 6 the following:
"Said Act is further amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
'Section 1. (a) Custodial property includes:'",
and inserting in lieu thereof the following:
"Said Act is further amended by striking Section 11 in its en tirety and inserting in lieu thereof a new Section 11 to read as follows:
'Section 11. (a) Custodial property includes:'".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
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205
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 20. By Messrs, McClatchey of the 113th and Conner of the 56th:
A bill to amend an Act known as the Georgia Insurance Code, so as to confirm and clarify the right under the present law to provide for the assignment under which a person covered by a group life insurance policy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy; and for other purposes.
The report 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 bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 16. By Senators Webb of the llth and Broun of the 46th: A bill to amend all Acts, Resolutions and Code Sections in which the phrase "Solicitor General" appears by striking said phrases and sub stituting in lieu thereof the phrase "District Attorney"; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
Mr. McClatchey of the 113th moved to amend SB 16 by adding a sentence in Section 1 as follows:
"This provision shall be applicable only to the chief prosecut ing officers of the Judicial Circuits of Georgia."
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Senator Webb of the llth moved that the Senate agree to the House amendment to SB 16.
On the motion, the ayes were 34, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following resolution was read and adopted:
SR 41. By Senator Carter of the 14th:
A resolution commending Charles H. Davis for his outstanding achieve ments and dedication to the Boy Scouts of America; and for other purposes.
Senator Carter of the 14th presented Charles H. Davis, of Americus, Georgia, one of the most outstanding Boy Scouts in the United States, who addressed the Senate briefly.
The following reports of standing committees were read by the secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 90. Do pass. Respectfully submitted, Holley of 22nd District, Chairman.
Senator Padgett of the 23rd District, Chairman of the Committee on Penal & Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal & Correctional Affairs has had under considera tion the following bill of the Senate and has instructed me, as Chairman, to. report the same back to the Senate with the following recommendations:
TUESDAY, FEBRUARY 11, 1969
207
SB 83. Do pass.
Respectfully submitted, Padgett of 23rd District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, 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 73. HB 6. HB 9. HB 69.
Do pass as amended. Do pass by substitute. Do pass as amended. Do pass.
Respectfully submitted,
Smalley of 28th District,
Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and 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 12. SB 50.
SR 29.
SR 31.
Respectfully submitted,
Eldridge of the 7th District,
Chairman.
Senator Smalley of the 28th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 9:30 o'clock.
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Senate Chamber, Atlanta, Georgia, Wednesday, February 12, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Young of the 13th 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 Carter of the 14th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Dewey Overton, and as the nurses of the day, Mrs. Patricia Harden and Mrs. Alberta Lane.
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:
WEDNESDAY, FEBRUARY 12, 1969
209
HB 33. By Mr. Scarborough of the 81st:
A bill to permit the recording on the deed records of master forms of security deeds or of covenants, conditions, powers and other provisions, for future incorporation in mortgages, etc.; and for other purposes.
HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th, DeLong of the 80th, Gunter of the 6th, Dean of the 19th, Bennett of the 71st, Bostick of the 63rd, Cato of the 68th, Matthews of the 16th and Rowland of the 42nd: A bill to amend an Act to fix the salaries of the Judges of the Superior Courts; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:
HR 140. By Messrs. Smith of the 43rd and Busbee of the 61st: A resolution relative to adjournment; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th and others: A bill to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, so as to provide for a definition of the term "State property", to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.
SB 117. By Senator Kennedy of the 4th: A bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees and compensa tion now allowed by law, so as to change the amount of said monthly allowance; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
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SB 118. By Senator Johnson of the 38th:
A bill to provide for the closing of the public schools on certain pri mary and election days in all cities of this State having a population of 400,000 or more according to the United States Decennial Census of 1960 or any such future census; and for other purposes.
Referred to Committee on Educational Matters.
SR 42. By Senator Andrews of the 49th:
A resolution proposing an amendment to the Constitution, so as to re move the provision prohibiting a Governor from succeeding himself; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SR 43. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the procedure for overriding a veto by the Governor; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SR 44. By Senator Kidd of the 25th:
A resolution creating the "Janitorial Supplies Study Committee"; and for other purposes.
Referred to Committee on Rules.
SR 46. By Senator Coggin of the 35th: A resolution amending Senate Resolution 3; and for other purposes.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 33. By Mr. Scarborough of the 81st: A bill to permit the recording on the deed records of master forms of security deeds or of covenants, conditions, powers and other pro visions, for future incorporation in mortgages, etc.; and for other purposes.
Referred to Committee on Judiciary.
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211
HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th and others:
A bill to amend an Act to fix the salaries of the Judges of the Superior Courts; and for other purposes.
Referred to Committee on Judiciary.
The following bills and resolutions were read the second time:
SB 106. By Senator Carter of the 14th:
A bill to amend an Act to authorize and direct the Director of the Department of Public Safety to provide for temporary drivers' licenses; to repeal conflicting laws; and for other purposes.
SB 107. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; to clarify pay provisions; to provide for certain immunity; to repeal conflicting laws; and for other purposes.
SB 108. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend an Act exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel", to define "commissioned officers"; to increase the exemption for cer tain commissioned officers; to provide an effective date; to repeal con flicting laws; and for other purposes.
SB 109. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend the Code of Georgia, as amended, so as to provide that the contracts, promissory notes, and any other consensual trans actions of certain disabled veterans shall be valid and binding; to pro vide that the deeds, security deeds and any other conveyances of property to or by certain disabled veterans shall be valid and binding; and for other purposes.
SB 110. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and
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discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
SB 111. By Senators Kidd of the 25th, Stephens of the 36th, Eeeder of the 55th and others:
A bill to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, so as to authorize said Department to also transport Georgia veterans to, from, and between facilities operated by the Veterans Service Board for the care and treatment of veterans; and for other purposes.
SB 112. By Senator London of the 50th:
A bill to create a Board of Commissioners of Rabun County; to name the initial commissioners; to provide for audits and publications thereof; to repeal specific laws; to repeal conflicting laws; and for other pur poses.
SB 113. By Senators Dean of the 6th, Eldridge of the 7th, Rowan of the 8th and others:
A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to change the maximum rate of sales of tobacco at any warehouse; to repeal conflicting laws; and for other purposes.
SB 114. By Senator Kidd of the 25th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors, as amended, so as to provide that the board shall record and file the valuation fixed and assessed on corrected returns; to repeal conflicting laws; and for other purposes.
SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimi nal Code, so as to repeal the code section relating to the improper use of a credit card; and for other purposes.
SR 35. By Senators Tysiner of the 41st, Reeder of the 55th and Miller of the 43rd:
A resolution proposing an amendment to the Constitution so as to provide that the powers, duties and responsibilities of the sheriff of
WEDNESDAY, FEBRUARY 12, 1969
213
DeKalb County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by the county police force of DeKalb County; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
SR 36. By Senator Pennington of the 45th:
A resolution authorizing the Senate Agriculture and Natural Resources Committee to function after final adjournment of the 1969 Session of the General Assembly; and for other purposes.
SR 37. By Senator Carter of the 14th:
A resolution creating the Providence Canyon Study Committee; and for other purposes.
HB 113. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-105 to extend boundary between Geor gia and Florida from the mouth of St. Marys River to the seaward limit of Georgia; and for other purposes.
HB 114. By Mr. Harrison of the 66th: A bill to amend Georgia Code 15-102, to extend the boundary between Georgia and South Carolina from the mouth of River Savannah to seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; and for other purposes.
HB 115. By Mr. Harrison of the 66th: A bill to amend Georgia Code 15-101 so as to conform same to the presently existing boundaries of this State; and for other purposes.
HR 37. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th: A resolution authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia, the "Moina Michael Highway"; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Webb of the llth District, Chairman of the Committee on Retire ment, submitted the following report:
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Mr. President:
Your Committee on Retirement 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 9. Do pass by substitute. SB 28. Do not pass. SB 47. Do not pass. HB 12. Do pass.
Respectfully submitted, Webb of llth District, Chairman.
Senator Reeder of the 55th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and recommitted to the Commit tee on County and Urban Affairs:
SB 55. By Senator Coggin of the 35th: 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 of Fulton County, and for other purposes," approved Feb. 2, 1945, (Ga. L. 1945, p. 528), as amended, so as to in crease the amount of dependent benefits from 50% to 60%; and for other purposes.
On the motion the ayes were 29, nays 0, and the motion prevailed.
Scripture reading and prayer were offered by the Reverend Jerry Phillips, pastor, Hapeville Methodist Church, Hapeville, Georgia.
Senator Coggin of the 35th asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following resolution was read and adopted:
45. By Senators Kidd of the 25th and Broun of the 46th:
A resolution commending Miss Stephanie Skinner upon being selected "Queen of DeMolay"; and for other purposes.
WEDNESDAY, FEBRUARY 12, 1969
215
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 73. By Senator Smalley of the 28th:
A bill to provide for the number of directors of railroad corporations; to provide for the ratification of prior actions of Boards of Directors thereof; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 73 by striking, in the caption, the phrase "to provide for a chairman of the Board of Directors" and substituting in lieu thereof the following:
"to provide for a chairman of the Board of Directors and that he or the president shall have power to appoint vice-presidents"
And by inserting, in the caption, after the phrase "and qualifica tions of directors" and before the phrase "to repeal conflicting laws" the following phrase:
"to provide for an effective date"
And by adding at the end of Section 3(a) the following sentence:
"The chairman of the Board of Directors or the president may also appoint such vice-presidents as he deems necessary, and pre scribe their term of office, compensation and duties when autho rized to do so by the by-laws of the corporation"
And by adding after "Section 9. All laws and parts of laws in conflict with this act are hereby repealed." the following:
"Section 10. The effective date of this Act shall be April 1, 1969."
On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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SB 83. By Senator Chapman of the 32nd:
A bill to amend the Statewide Probation Act, approved Feb. 8, 1956, (Ga. L. 1956, p. 27), as amended, so as to change the designation of the circuit probation officers to circuit probation supervisors, and the designation of field supervisors to area supervisors; to repeal con flicting laws; and for other purposes.
Senator Chapman of the 32nd offered the following amendment:
Amend SB 83 by striking the word "Superintendent" wherever it appears in the caption and inserting in lieu thereof the words, "Super-
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, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 6. By Mr. Harris of the 77th: A bill to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is sub ject at the time of the sale; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements or right-of-ways created by operation of law or expressly created ease ments or right-of-ways of record which such land is subject at the time of the sale; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
No sale of real property under a fieri facias for taxes or under a fieri facias for any improvement assessment shall extinguish or af-
WEDNESDAY, FEBRUARY 12, 1969
217
feet any easement or right-of-way in, over, under or across said real property created by operation of law or expressly created, provided such expressly created easement or right-of-way was recorded prior to recording of the fieri facias for taxes or improvement assessment under which the real property subject to such easement or right-of-way was sold.
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 3, 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 9. By Mr. Harris of the 77th:
A bill to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an administrator or executor under authority of a court of competent jurisdiction or under power in a will; and for other purposes.
The Committee on Judiciary offered the following amendment.
Amend HB 9 by inserting, in the caption, after the phrase "under power in a will" and before the phrase "to repeal conflicting laws" the following phrase:
"to provide that no sale within 90 days of the qualification of the administrator or executor will bar dower"
And by striking Section 1 in its entirety and substituting in lieu thereof the following:
"Section 1. Code Section 31-110, relating to how dower may be barred, as amended by an Act approved March 31, 1937 (Ga.
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Laws 1937, p. 450), an Act approved March 9, 1955 (Ga. Laws 1955, p. 616), and an Act approved April 9, 1968 (Ga. Laws 1968, p. 1227), is hereby amended by adding a new subsection to be designated as subsection "(5)" and which shall read as follows:
(5) by a failure to apply for dower prior to a sale by the administrator or executor under authority of a court of com petent jurisdiction or under power in a will, provided that unless consented to by the widow, no sale within 90 days of the qualification of the administrator or executor will, of it self, bar dower."
so that when so amended Code Section 31-110 shall read as follows:
"31-110. Dower may be barred: (1) by provisions made prior to the marriage and accepted by the wife in lieu of dower; or
(2) by a provision made by deed or will, and accepted by the wife after the husband's death, expressly in lieu of dower, or where the intention of the husband is plain and manifest that it shall be in lieu of dower; or
(3) by failure of the widow within three (3) years of the death of her husband to apply for dower; or
(4) by the adultery of the wife unpardoned by the hus band; or
(5) by a failure to apply for dower prior to a sale by the administrator or executor under authority of a court of com petent jurisdiction or under power in a will, provided that unless consented to by the widow, no sale within 90 days of the qualification of the administrator or executor will, of it self, bar dower."
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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
WEDNESDAY, FEBRUARY 12, 1969
219
HB 69. By Messrs. Felton of the 95th, Harris of the 67th, Buck of the 84th, Bray of the 31st, Carries of the 104th, Murphy of the 19th, Paris of the 14th and Jones of the 59th:
A bill to provide that a driver or operator of a motor vehicle or air plane shall owe to a guest passenger thereof the duty to exercise ordinary care; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Gillis of the 20th moved that HB 69 be indefinitely postponed.
Senator Smalley of the 28th moved the previous question.
Senator Coggin of the 35th moved that HB 69 be recommitted to the Com mittee on Judiciary.
The president ruled that the motion for the previous question would take precedence.
On the motion, the ayes were 39, nays 0, and the motion prevailed.
On the passage of the bill, the ayes were 15, nays 26.
The bill, having failed to receive the requisite constitutional majority was lost.
HB 90. By Messrs. Hale of the 1st and Harris of the 77th: A bill to amend an Act providing for a tax on certain deeds, instru ments or other writings transferring real estate, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend HB 90 by adding at the end of the last proviso the words "for a term of less than twenty years,"
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JOURNAL OF THE SENATE,
On the adoption of the amendment, the ayes were 34, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 34, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 52. Respectfully submitted, Eldridge of the 7th District, Chairman.
The following resolution was read and adopted:
SR 48. By Senators Dean of the 6th, Carter of the 14th, Jackson of the 16th and others:
A resolution commending Joey Vickers; and for other purposes.
Honorable Ben Blackburn, Congressman from the 4th Congressional District, appeared upon the floor of the Senate, and was introduced to the members by Senator Miller of the 43rd.
Congressman Blackburn addressed the Senate briefly.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
THURSDAY, FEBRUARY 13, 1969
221
Senate Chamber, Atlanta, Georgia, Thursday, February 13, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th 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 Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Robert L. Pence, and as nurses of the day, Mrs. Pat Morlen and Mrs. Carolyn Finnegan.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
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HB 200. By Messrs, Gunter and Moore of the 6th:
A bill to amend an Act providing a new charter for the City of Clarkesville, so as to authorize the Mayor and Council of the City of Clarkesville to determine and fix their own compensation by ordinance, and to provide for a method of reimbursement of expenses which have been incurred in performing official duties; and for other purposes.
HB 206. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act creating a Board of Commissioners of Turner County, so as to change the compensation of the chairman and other members of the board; and for other purposes.
HB 207. By Mr. Conner of the 56th:
A bill to amend an Act placing the Sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
HB 208. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, tax collector1 and tax receiver of Appling County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 209. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriff; and for other purposes.
HB 210. By Mr. Conner of the 56th: A bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 169. By Mr. Barber of the 15th:
A bill to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools,
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223
and other State supported schools . . .", so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as provided in said Act in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addi tion to the normal two year break in service so that the combined break in service does not exceed four years; and for other purposes.
HB 170. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to reduce the number of days a member in service must wait after filing notice; and for other purposes,
HB 258. By Mr. McCracken of the 36th:
A bill to amend Code Section 34-1407, relating to the custody and depositing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that challenged absentee ballots shall be counted as other ballots; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 19. By Mr. McClatchey of the 113th: A bill to amend an Act relating to gifts of securities to minors, so as to provide for the gifts of life insurance policies and annuity contracts to minors; and for other purposes.
The following bills and resolution were introduced, read the first time, and referred to committees:
SB 119. By Senators Stephens of the 36th, Kidd of the 25th, Garrard of the 37th and others: A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
SB 120. By Senator Holloway of the 12th: A bill creating in each county or municipal corporation a Development Authority; providing for the membership thereof; to repeal conflicting laws; to provide an effective date; and for other purposes.
Referred to Committee on Industry and Labor.
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SB 121. By Senator Coggin of the 35th:
A bill to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain transactions; and for other purposes.
Referred to Committee on Banking and Finance.
SB 122. By Senator Fincher of the 51st:
A bill to amend an Act relating to motor vehicle licenses, as amended, so as to provide for a partial credit, or the purchase of another license and tag, on tags surrendered to the State Revenue Commissioner under certain circumstances; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SR 49. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for a minimum wage for all employees within the State of Georgia who are not covered by the Federal minimum wage laws; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Industry and Labor.
The following bills were read the first time and referred to committees:
HB 169. By Mr. Barber of the 15th:
A bill to amend an Act entitled "An Act to establish a retirement sys tem for aged and incapacitated teachers in the State Public Schools, and other State supported schools . . .", so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as provided in said Act in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addi tion to the normal two year break in service so that the combined break in service does not exceed four years; and for other purposes.
Referred to Committee on Educational Matters.
HB 170. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to reduce the number of days a member in service must wait after filing notice; and for other purposes.
Referred to Committee on Retirement.
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HB 200. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act providing a new charter for the City of Clarkesville, so as to authorize the Mayor and Council of the City of Clarkesville to determine and fix their own compensation by ordi nance, and to provide for a method of reimbursement of expenses which have been incurred in performing official duties; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 206. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act creating a Board of Commissioners of Turner County, so as to change the compensation of the chairman and other members of the board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 207. By Mr. Conner of the 56th: A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 208. By Mr. Conner of the 56th: A bill to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 209. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector and tax receiver of Appling County upon an an nual salary, so as to change the compensation of the sheriff and deputy sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
Referred to Committee on County and Urban Affairs.
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HB 258. By Mr. McCracken of the 36th:
A bill to amend Code Section 34-1407, relating to the custody and de positing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that challenged absentee ballots shall be counted as other ballots; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
The following bills and resolutions were read the second time:
SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th and others:
A bill to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, so as to provide for a definition of the term "State property", to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 117. By Senator Kennedy of the 4th:
A bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fee and compensa tion now allowed by law, so as to change the amount of said monthly allowance; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 118. By Senator Johnson of the 38th:
A bill to provide for the closing of the public schools on certain primary and election days in all cities of this State having a population of 400,000 or more according to the United States Decennial Census of 1960 or any such future census; and for other purposes.
SR 42. By Senator Andrews of the 49th:
A resolution proposing an amendment to the Constitution, so as to re move the provision prohibiting a Governor from succeeding himself; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
SR 43. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the procedure for overriding a veto by the Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
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227
HB 33. By Mr. Scarborough of the 81st:
A bill to permit the recording on the deed records of master forms of security deeds or of covenants, conditions, powers and other provisions, for future incorporation in mortgages, etc.; and for other purposes.
HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th and others:
A bill to amend an Act to fix the salaries of the Judges of the Superior Courts; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 108. Do pass. Respectfully submitted, Holley of 22nd District, Chairman.
Senator Spinks of the 9th 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 bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 51. Do pass. SB 90. Do pass.
Respectfully submitted, Spinks of 9th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
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JOURNAL OF THE SENATE,
Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 75. Do pass. SB 97. Do pass. SB 101. Do pass. SB 102. Do pass. SB 112. Do pass. HB 78. Do pass. HB 79. Do pass. HB 80. Do pass. HB 82. Do pass. HB 94. Do pass. HB 95. Do pass as amended. HB 96. Do pass. HB 97. Do pass as amended. HB 105. Do pass. HB 123. Do pass. HB 124. Do pass. HB 125. Do pass. HB 126. Do pass. HB 127. Do pass. HB 129. Do pass. HB 134. Do pass as amended. HB 148. Do pass. HB 149. Do pass. HB 150. Do pass. HB 151. Do pass.
HB 157. Do pass.
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229
HB 158. Do pass. HB 159. Do pass. HB 196. Do pass. SR 35. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Hensley of the 33rd District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways 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:
SB 86. Do pass as amended. HR 37. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Ju diciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 88. Do pass as amended. Respectfully submitted, Smalley of 28th District, Chairman.
Senator Fincher of the 51st District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
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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 106. Do pass.
Respectfully submitted,
Fincher of 51st District,
Chairman.
Senator Smith of the 18th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tions of the Senate and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations:
SR 15. Do pass. SR 25. Do pass. SR 46. Do pass.
Respectfully submitted, Smith of 18th District, Vice-Chairman.
Senator Eldridge of the 7th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has had under considera tion the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 104. Do pass.
Respectfully submitted, Eldridge of 7th District, Chairman.
Scripture reading and prayer were offered by the Reverend Othell Hand, pastor, First Baptist Church, Columbus, Georgia.
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231
Senator Searcey of the 2nd asked unanimous consent that the roll call be dis pensed with.
The consent was granted.
The following resolutions were adopted:
SR 15. By Senators Webb of the llth and Bateman of the 27th:
A resolution creating the "Central Printing Agency Study Committee"; and for other purposes.
On adoption of the resolution, the ayes were 44, nays 0, and the resolution fras adopted.
SR 25. By Senators Coggin of the 35th and Rowan of the 8th:
A resolution to amend Senate Resolution No. 3, relative to officials, em ployees and committees of the Senate, which resolution was adopted at the 1969 session; and for other purposes.
SR 46. By Senator Coggin of the 35th: A resolution amending Senate Resolution 3; and for other purposes.
The following resolutions were read and adopted:
SR 47. By Senators Eldridge of the 7th and Dean of the 6th:
A resolution relative to the presentation of a trophy; and for other purposes.
HR 140. By Messrs. Smith of the 43rd and Busbee of the 61st: A resolution relative to adjournment; and for other purposes.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 9. By Senator Smalley of the 28th:
A bill to amend an Act creating the office of Judge of the Superior Court Emeritus, approved March 9, 1945, (Ga. L. 1945, p. 362), as
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amended, so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; 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 Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 275), so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; to provide that certain other su perior court judges shall have said option and for the exercise of said option within a certain time; to provide that superior court judges ex ercising such option do not have to be holding office as a superior court judge at the time of their appointment as judge emeritus; 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. L. 1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 275), is hereby amended by striking the first paragraph of subsec tion (a) of Section IDA in its entirety and substituting in lieu thereof a new paragraph to read as follows:
"Any superior court judge holding office on June 20, 1968, shall have the option, which must be exercised, if at all, by not later than September 30, 1969, of electing to have his widow receive for the remainder of her life, upon his death, a benefit which shall be equal to the emeritus salary he would have received, except as otherwise provided in subsection (c) of this Section, had he lived and been appointed Superior Court Judge Emeritus, subject to the following conditions:".
Section 2. Said Act is further amended by redesignating sub section (b) of Section 10A as subsection (c) and by adding a new sub section to Section 10A to be designated subsection (b) and to read as follows:
"(b) Any person becoming a superior court judge after June 30, 1969, who will be eligible for appointment as Superior Court Judge Emeritus pursuant to the provisions of Section 8 of the 'Trial Judges and Solicitors Retirement Fund Act', approved March 11, 1968 (Ga. L. 1968, p. 259), shall have the option provided in subsection (a) of this Section, which must be exercised, if at all,
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within 60 days after becoming a superior court judge. All require ments and other provisions of this Section shall apply to any judge exercising the option provided for in this subsection."
Section 3. Said Act is further amended by adding at the end of Section 10A a new subsection to be redesignated subsection (d) and to read as follows:
"(d) No provision of this Act shall be construed as to require any superior court judge exercising the option provided by this Section to be holding office as a superior court judge in order to be eligible for appointment as judge emeritus, and, if otherwise qualified in accordance with the applicable provisions of this Act, any such judge shall be entitled to be appointed judge emeritus, subject to the requirements of this Section, whether or not he is holding office at the time of his appointment."
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 38, 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 36, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitu tion of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.
Senator Doss of the 52nd offered the following amendment:
Amend HB 12 by inserting in the title of said Act immediately before:
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"to repeal coflicting laws;"
the following:
"to repeal an Act establishing the Georgia Legislative Retirement System;".
And by inserting in lieu of the present Section 2 a new Section 2, to read as follows:
"Section 2. (a) An Act establishing the Georgia Legislative Retire ment System, approved March 31, 1967 (Ga. L. 1967, p. 259) as amended by an Act approved April 10, 1968 (Ga. L. 1968, p. 1354), is hereby repealed in its entirety.
(b) All contributions made by, or on behalf of, each member of the System, plus accumulated interest, shall forthwith be transmitted to each member, or, if any member shall be deceased before his share plus interest has been returned, to his heirs at law."
And by inserting a new Section 3, to read as follows:
"Section 3. All laws and parts of laws in conflict with this Act are hereby repealed."
The president ruled that the amendment was not germane to the bill.
Senator Doss of the 52nd moved to appeal the ruling of the Chair.
The Chair stated the motion to the Senate as follows:
"Senator Doss of the 52nd has appealed from the ruling of the Chair. The question is, shall his motion be sustained, and the amendment of Senator Doss of the 52nd be held germane to the bill, or shall the Chair be sustained in its ruling that the amendment was not germane."
On the motion to appeal, Senator Andrews of the 49th called for the ayes and nays, and the call was sustained.
The Chair stated that upon the call of the roll, those who favored the motion of Senator Doss of the 52nd should vote aye, and those who wished to sustain the ruling of the Chair, who has ruled the amendment not germane, should vote nay.
A roll call was ordered, and the vote was as follows:
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235
Those voting in the affirmative were Senators:
Adams of 26th Eldridge
Garrard Tysinger
Vann Walling
Those voting in the negative were Senators:
Abney Adams of 5th Andrews Bateman Broun Brown Carter Chapman Cox Dean Doss
Pincher of 51st Fincher of 54th Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Noble Pennington Plunkett Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the motion to appeal from the ruling of the chair, the ayes were 6, nays 43.
The motion, having failed to receive the requisite constitutional majority, was lost.
Senator Rowan of the 8th asked unanimous consent that the following re marks be incorporated in the Journal:
"I request that the Journal note that I am for the amendment proposed by Senator Doss. I do not believe the Legislative Retirement System is in the best interest of the Senate."
Senator Searcey of the 2nd offered the following amendment:
Amend HB 12 by inserting in the title before "to repeal conflicting laws;" the following:
"to provide that the Legislative Retirement System shall merge with and become a part of the Employees' Retirement System of Georgia;"
By adding to the end of quoted Section 3 the following new paragraph:
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"The Georgia Legislative Retirement System is hereby made a part of the Employees' Retirement System of Georgia, and henceforth shall be administered in accordance with laws, rules and regulations which govern the Employees' Retirement System of Georgia."
On the adoption of the amendment, the ayes were 11, nays 29, and the amendment was lost.
Senator Smalley of the 28th offered the following substitute for HB 12:
An Act establishing the Employees Retirement System of Georgia, approved February 3, 1949, (Ga. L. 1949, p. 138), as amended, is hereby amended by adding a new Section 3 as follows:
"Any member having at least ten years creditable service who ceases to hold office or to be employed in a qualifying position shall nevertheless be entitled to continue his membership in the Retirement System provided he shall pay to the Board of Trustees, according to the rules and regulations established by said Board, all employer and employee contributions based upon his compensation at the time of his separation, and provided no such member may retire before age sixty and that upon retirement his benefits shall be the actuarial equivalent of his contributions and the matching State contribution to the date of his separa tion, together with the total of his contributions after separation with the earn ings on such contributions based upon the member's attained age upon retire ment, and that the caption be conformed."
Senator Rowan of the 8th moved that the substitute be printed.
On the motion, the ayes were 13, nays 25, and the motion was lost.
Senator Webb of the llth moved that HB 12 be recommitted to the Committee on Retirement.
On the motion to recommit, the ayes were 16, nays 32, and the motion was lost.
Senator Searcey of the 2nd called for the ayes and nays on the substitute for HB 12, and the call was sustained.
A roll call was ordered, and the vote was as follows:
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237
Those voting in the affirmative were Senators:
Chapman Fincher of 51st Fincher of 54th Hensley Holloway
Plunkett Rowan Searcey Smalley Smith of 34th
Starr Walling Ward Webb Young
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Brown Carter Coggin Cox Dean Doss Eldridge Garrard
Gillis Hardy Hill Holley Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Noble
Padgett Pennington Reeder Riley Scott Smith of 18th Spinks Stephens Trippe Tysinger Vann Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the substitute, the ayes were 15, nays 38, and the substi tute was lost.
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:
Abney Adams of 5th Bateman Broun Brown Carter Coggin
Cox Eldridge Fincher of 51st Gillis Hardy
Hill Holley Holloway Hudgins Jackson Johnson Kennedy
McGill Noble Padgett Pennington Riley
Scott Smalley Smith of 18th Spinks Stephens Trippe Tysinger
Ward Young Zipperer
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Those voting in the negative were Senators:
Adams of 26th Andrews Chapman Dean Doss Fincher of 54th Garrard
Hensley Kidd London Miller Plunkett Reeder
Rowan
Searcey Smith of 34th Starr Vann Walling Webb
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 34, nays 20.
The bill, having received the requisite constitutional majority, was passed.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 73. SB 83.
Respectfully submitted, Eldridge of 7th District, Chairman.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 9:30 o'clock.
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Senate Chamber, Atlanta, Georgia, Friday, February 14, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
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 Smith of the 18th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of geenral bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Carter Smith, Jr., and as the nurse of the day, Mrs. Helen Swartz.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
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HB 4. By Messrs. Lane of the 101st, Adams of the 100th, Ross of the 26th, Games of the 104th, Shanahan of the 8th, Westlake of the 75th:
A bill to amend an Act declaring certain days as public and legal holi days, so as to provide that the Tuesday next following the first Monday in November in each even numbered year shall be a public and legal holiday; and for other purposes.
HB 23. By Mr. Parker of the 46th:
A bill to require the owners of real property or persons having immedi ate supervision over real property in this State on which is located any free flowing artesian well to have any such well tapped or otherwise stop the flow of any such well, except when in use, when certain condi tions exist; and for other purposes.
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or ex cavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
HB 172. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to increase the amount of the surety bond required of the Executive Director of the Commission; and for other purposes.
HB 193. By Mr. Lowrey of the 9th: A bill providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 180. By Messrs. Cole and Leonard of the 3rd: A bill to amend an Act amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for cer tain officers and employees of the City of Dalton, so as to define the term "orphan"; and for other purposes.
HB 222. By Mr. Sorrells of the 24th: A bill to provide a new charter for the Town of Walnut Grove; and for other purposes.
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241
HB 224. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to increase the corporate limits; and for other purposes.
HB 247. By Messrs. Dorminy of the 48th and Hudson of the 48th: A bill to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the reimbursement of the sheriff for expenses incurred while on official business outside of the State of Georgia, and for other purposes.
HB 249. By Messrs. Snow, Hale and Crowe of the 1st: A bill to create a new charter for the City of Rossville in the County of Walker; and for other purposes.
HB 253. By Mr. Shanahan of the 8th: A bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, as to change the compensation of the said Commissioner; and for other purposes.
HB 267. By Messrs. McDaniell, Wilson, Housley, Burruss, Atherton, Henderson, and Kreeger of the 117th: A bill to change the boundaries of the seven Education Districts of the Cobb County School District; and for other purposes.
HB 268. By Messrs. McDaniell, Kreeger, Burruss, Atherton, Housley, Wilson and Henderson of the 117th: A bill to increase the amount of the bond which shall be executed by the Clerk of the Superior Court of Cobb County; and for other purposes.
HB 273. By Messrs, Roach, Poole and Harris of the 10th:
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, so as to change the provisions relating to compensation; and for other purposes.
HB 276. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the
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City of Griffin, Spalding County, Georgia, so as to change the corporate limits of said City; and for other purposes.
HB 284. By Mr. Harrison of the 66th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court and Ordinary of Camden County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary; and for other purposes.
HB 285. By Mr. Harrison of the 66th:
A bill to authorize and empower the City of Saint Marys, Georgia, to abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park Subdivision, Unit Two, City of Saint Marys; and for other purposes.
HB 287. By Mr. Harrison of the 66th: A bill to consolidate the office of tax receiver and tax collector of Camden County into the office of tax commissioner of Camden County; and for other purposes.
HB 290. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st: A bill to amend an Act providing a new charter for the City of Albany, so as to provide for the extension of water service and water distribu tion system and all necessary appurtenances connected therewith out side the city limits of the City of Albany; and for other purposes.
HB 291. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st: A bill to amend an Act creating a new charter for the City of Albany, so as to separate the offices of City Clerk and City Treasurer; and for other purposes.
HB 293. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act incorporating the Town of Forest Park (now City of Forest Park), so as to change the corporate limits of said city; and for other purposes.
HB 297. By Messrs. Rush and Salem of the 51st: A bill to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.
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243
HB 298. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to provide for the compensation of the chairman; and for other purposes.
HB 299. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Tattnall County, so as to change the compensation of the chairman; and for other purposes.
HB 300. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of said clerk and of his employees; and for other purposes.
HB 301. By Mr. Peters of the 2nd:
A bill to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the salary of the sheriff; and for other purposes.
HB 302. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa (now the Commissioner of Catoosa County) so as to change the compensation of said commissioner and the clerical assistant thereof; and for other purposes.
HB 305. By Mr. Lewis of the 37th:
A bill to amend an Act establishing the City Court of Waynesboro, so as to change the compensation and duties of the stenographer of the City Court of Waynesboro; and for other purposes.
HB 306. By Mr. Lewis of the 37th:
A bill to provide the Clerk of the Superior Court of Burke County a salary in addition to the fees and other compensation he is entitled to re ceive by law; and for other purposes.
HB 307. By Mr. Lewis of the 37th:
A bill to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compen sation of the Ordinary of Burke County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 309. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the mode of compensating the clerk of the superior court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the amount of compensation that may be paid to the deputy clerk of clerical assistants; and for other purposes.
HB 310. By Mr. Dailey of the 53rd: A bill to amend an Act placing the Ordinary of Randolph County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Randolph County; and for other purposes.
HB 311. By Mr. Dailey of the 53rd: A bill to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the com pensation of the sheriff and deputy sheriff of Randolph County; and for other purposes.
HB 312. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend the Charter of the City of Montezuma, so as to change the date for the holding of elections; and for other purposes.
HB 313. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and City Court Clerk in the County of Sumter and providing a salary system in lieu thereof, so as to change the compensation of said clerk and one of his clerks; and for other purposes.
HB 314. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Schley County, so as to change the compensation of said sheriff; and for other purposes.
HB 315. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the solicitor of the city court of Oglethorpe; and for other purposes.
HB 316. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a city court of Oglethorpe in the
FRIDAY, FEBRUARY 14, 1969
245
County of Macon, so as to change the compensation of the judge of the city court of Oglethorpe; and for other purposes.
HB 322. By Messrs. Lane of the 101st, Cook, Hawes, Horton and Gates of the 95th, Longino of the 98th:
A bill to amend an Act incorporating the City of Hapeville, so as to change the provisions relating to the veto power of the mayor; and for other purposes.
HB 323. By Messrs. Lane of the 101st, Horton, Hawes, Cook and Gates of the 95th, Longino of the 98th:
A bill to amend an Act establishing a new charter for the City of Col lege Park, so as to remove the provisions prohibiting the sale of spiritu ous and intoxicating liquors; and for other purposes.
HB 325. By Messrs. Moore and Gunter of the 6th:
A bill to amend Code Section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corporations, so as to provide that such limitations shall not apply to the City of Toccoa; and for other purposes.
HB 326. By Messrs. Moore and Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenue in the County of Stephens, so as to provide for an addi tional meeting date each month; to change the compensation of said commissioners; and for other purposes.
HB 338. By Mr. Paris of the 14th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary, so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes.
HB 339. By Mr. Paris of the 14th:
A bill to amend an Act creating the Board of County Commissioners for the County of Oconee, so as to change the compensation of the chairman of the Board; and for other purposes.
HB 340. By Mr. Paris of the 14th: A bill to amend an Act providing a new charter for the City of Statham,
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JOURNAL OF THE SENATE,
so as to authorize the proper officials of the City of Statham to vacate and convey a specifically described piece of real property on 4th Street in exchange for certain specifically described property in order to extend Railroad Street; and for other purposes.
HB 341. By Mr. Paris of the 14th:
A bill to amend an Act providing a new Chater for the City of Statham, so as to provide that the corporate powers of the city, to be exercised by the City Council, shall include the power to vacate and relocate public ways and streets by ordinance or resolution; and for other purposes.
HB 342. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act creating the City Court of Walker County, so as to change the name of said court to the Civil and Criminal Court of Walker County; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 123. By Senator Broun of the 46th:
A bill to amend Code Section 27-2101, relating to separate trials of two or more persons who have been charged in the same indictment or ac cusation, so as to provide for joint trials; and for other purposes.
Referred to Committee on Judiciary.
SB 124. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrence^ ville, so as to provide that the mayor and councilmen shall be elected by a majority vote; to provide for a runoff election; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County & Urban Affairs.
SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th and others:
A bill to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 126. By Senator Kidd of the 25th: A bill to authorize insurance coverage of all of the employees of the
FRIDAY, FEBRUARY 14, 1969
247
State of Georgia, including1 employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 127. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Statewide Probation Act", so as to provide that certain rules and regulations promulgated by the Direc tor of Probation and approved by State Board of Probation shall be adopted, established, promulgated, amended, repealed, filed and pub lished in accordance with applicable provisions set forth in the "Georgia Administrative Procedure Act"; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SB 128. By Senator Coggin of the 35th:
A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that certain rules and regulations adopted and promulgated by the Board of Pardons & Paroles shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with applicable provisions set forth in "Georgia Administrative Procedure Act"; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SB 129. By Senator London of the 50th:
A bill to authorize certain counties to establish and maintain a law li brary for the use of judges, district attorneys, ordinaries and other of ficers of the courts of said counties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 130. By Senator Coggin of the 35th:
A bill to amend an Act comprehensively and exhaustively revising su perseding and consolidating the laws relating to the State Board of Corrections to prisons, public works camps and prisoners, so as to pro vide that certain rules and regulations shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions as set forth in "Georgia Administrative Pro cedure Act"; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
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JOURNAL OF THE SENATE,
SB 131. By Senators Stephens of the 36th, Hardy of the 56th, Chapman of the 32nd and others:
A bill to require the employer of any laborer (who is paid on an hourly basis) and who fires or involuntarily dismisses or separates such laborer from employment to pay said laborer all sums due to him for services rendered, within three calendar days of the date such laborer is fired, involuntarily dismissed or separated; and for other purposes.
Referred to Committee on Industry and Labor.
SB 132. By Senators Stephens of the 36th, Garrard of the 37th, Hardy of the 56th and others:
A bill to provide that no person, firm, or corporation shall employ or use any juvenile for the purposes of soliciting money or objects of value from (or for selling tickets, candy or other objects to) any person unless said person, firm or corporation shall have first filed with the county or municipal law enforcement officials a letter containing certain informa tion; and for other purposes.
Referred to Committee on Industry and Labor.
SB 133. By Senators Stephens of the 36th, Hardy of the 56th and Garrard of the 37th:
A bill to amend an Act establishing a new charter for the City of At lanta, and the several Acts amendatory thereof, and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 134. By Senators Searcey of the 2nd, Fincher of the 54th, Zipperer of the 3rd and others:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for restric tions and exemptions on the number of retail licenses issued by mu nicipal and county authorities and as to the location of the businesses for which such licenses are issued; and for other purposes.
Referred to Committee on Temperance.
SB 135. By Senator Johnson of the 38th:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor; and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the penalty for conviction of a certain type of commercial gambling; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
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249
SR 50. By Senator Broun of the 46th:
A resolution creating the Habitual Offender Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 51. By Senators Garrard of the 37th, Tysinger of the 41st, Bateman of the 27th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of each county to have legislative power to adopt ordinances, resolutions or regulations respecting the salaries of elective and appointive county officers, and the employees of the county, and respecting county pension systems to the same extent as heretofore has been exercised by the General Assembly of Georgia; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 52. By Senators Garrard of the 37th, Tysinger of the 41st, Bateman of the 27th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of each municipality to have legislative power to adopt reasonable ordinances; resolutions or regulations re specting the salaries of elective and appointive municipal officials, and the employees of the municipality, and respecting municipal pension systems, to the same extent as heretofore has been exercised by the General Assembly of Georgia; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 53. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th and others:
A resolution proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose taxable income for the immediately preceding tax years was less than $5,000; to provide for the submission of the amendment for rati fication or rejection; and for other purposes.
Referred to Committee on Banking and Finance.
SR 54. By Senators Tysinger of the 41st, Walling of the 42nd, Maclntyre of the 40th and others:
A resolution relating to maintenance and repairs of the Expressway System in the metropolitan Atlanta area; and for other purposes.
Referred to Committee on Highways.
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JOURNAL OF THE SENATE,
SR 55. By Senator Hensley of the 33rd:
A resolution requesting that the national television networks and sta tions devise a procedure whereby television viewers can be informed in advance that a particular program may contain matter which should not be seen by small children; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
SR 59. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th and others:
A resolution urging that the famous steam locomotive known as the GENERAL be placed in a railroad museum in Atlanta, Georgia; to re peal a specific Resolution; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
HB 4. By Messrs. Lane of the 101st, Adams of the 100th, Ross of the 26th, Games of the 104th, Shanahan of the 8th, Westlake of the 75th:
A bill to amend an Act declaring certain days as public and legal holi days, so as to provide that the Tuesday next following the first Monday in November in each even numbered year shall be a public and legal holiday; and for other purposes.
Referred to Committe on Business, Trade and Commerce.
HB 23. By Mr. Parker of the 46th:
A bill to require the owners of real property or persons having immedi ate supervision over real property in this State on which is located any free flowing artesian well to have any such well tapped or otherwise stop the flow of any such well, except when in use, when certain condi tions exist; and for other purposes.
Referred to Committee on Health and Welfare.
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
Referred to Committee on Industry and Labor.
HB 172. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to increase the amount of the surety bond required of the Executive Director of the Commission; and for other purposes.
Referred to Committee on Educational Matters.
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251
HB 180. By Messrs. Cole and Leonard of the 3rd:
A bill to amend an Act amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to define the term "orphan"; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 193. By Mr. Lowrey of the 9th:
A bill providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 222. By Mr. Sorrells of the 24th:
A bill to provide a new charter for the Town of Walnut Grove; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 224. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 247. By Messrs. Dorminy of the 48th and Hudson of the 48th:
A bill to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the reimbursement of the sheriff for expenses incurred while on official business outside of the State of Georgia; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 249. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to create a new charter for the City of Rossville in the County of Walker; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 253. By Mr. Shanahan of the 8th: A bill creating the office of Commissioner of Roads and Revenues in
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JOURNAL OF THE SENATE,
and for the County of Gordon, as to change in the compensation of the said Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 267. By Messrs. McDaniell, Wilson, Housley, Burruss, Atherton, Henderson, and Kreeger of the 117th:
A bill to change the boundaries of the seven Education Districts of the Cobb County School District; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 268. By Messrs. McDaniell, Kreeger, Burruss, Atherton, Housley, Wilson and Henderson of the 117th:
A bill to increase the amount of the bond which shall be executed by the Clerk of the Superior Court of Cobb County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 273. By Messrs. Roach, Poole and Harris of the 10th:
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, so as to change provisions relating to compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 276. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, so as to change the corporate limits of said City; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 284. By Mr. Harrison of the 66th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and ordinary of Camden County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 285. By Mr. Harrison of the 66th: A bill to authorize and empower the City of Saint Marys, Georgia, to
FRIDAY, FEBRUARY 14, 1969
253
abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park Subdivision, Unit Two, City of Saint Marys; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 287. By Mr. Harrison of the 66th: A bill to consolidate the offices of tax receiver and tax collector of Camden County into the office of tax commissioner of Camden County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 290. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st: A bill to amend an Act providing a new charter for the City of Albany, so as to provide for the extension of water service and water distribu tion system and all necessary appurtenances connected therewith outside the city limits of the City of Albany; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 291. By Messrs, Odom, Busbee, Lee and Hutchinson of the 61st: A bill to amend an Act creating a new charter for the City of Albany, so as to separate the offices of City Clerk and City Treasurer; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 293. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act incorporating the Town of Forest Park (now City of Forest Park), so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 297. By Messrs. Rush and Salem of the 51st: A bill to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 298. By Messrs. Rush and Salem of the 51st: A bill to amend an Act providing for elections of members of the Board
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JOURNAL OP THE SENATE,
of Education of Tattnall County, so as to provide for the compensation of the chairman; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 299. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Tattnall County, so as to change the compensation of the chairman; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 300. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of said clerk and of his employees; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 301. By Mr. Peters of the 2nd:
A bill to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the salary of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 302. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa (now the Commissioner of Catoosa County), so as to change the compensation of said commissioner and the clerical assistant thereof; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 305. By Mr. Lewis of the 37th:
A bill to amend an Act establishing the City Court of Waynesboro, so as to change the compensation and duties of the stenographer of the City Court of Waynesboro; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 306. By Mr. Lewis of the 37th: A bill to provide the Clerk of the Superior Court of Burke County a
FRIDAY, FEBRUARY 14, 1969
255
salary in addition to the fees and other compensation he is entitled to receive by law; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 307. By Mr. Lewis of the 37th: A bill to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compen sation of the Ordinary of Burke County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 309. By Mr. Dailey of the 53rd: A bill to amend an Act abolishing the mode of compensating the clerk of the superior court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the amount of compensation that may be paid to the deputy clerk or clerical assist ants; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 310. By Mr. Dailey of the 53rd: A bill to amend an Act placing the Ordinary of Randolph County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Randolph County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 311. By Mr. Dailey of the 53rd: A bill to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the com pensation of the sheriff and deputy sheriff of Randolph County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 312. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend the Charter of the City of Montezuma, so as to change the date for the holding of elections; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 313. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act abolishing the fee system of compensating the
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JOURNAL OF THE SENATE,
Clerk of the Superior Court and City Court Clerk in the County of Sumter and providing a salary system in lieu thereof, so as to change the compensation of said clerk and one of his clerks; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 314. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Schley County, so as to change the compensation of said sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 315. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the solicitor of the city court of Oglethorpe; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 316. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the judge of the city court of Oglethorpe; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 322. By Messrs. Lane of the 101st, Cook, Hawes, Horton and Gates of the 95th, Longino of the 98th: A bill to amend an Act incorporating the City of Hapeville, so as to change the provisions relating to the veto power of the mayor; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 323. By Messrs. Lane of the 101st, Horton, Hawes, Cook and Gates of the 95th, Longino of the 98th: A bill to amend an Act establishing a new charter for the City of College Park, so as to remove the provisions prohibiting the sale of spirituous and intoxicating liquors; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 325. By Messrs. Moore and Gunter of the 6th: A bill to amend Code Section 92-4101, relating to the limitation upon
FRIDAY, FEBRUARY 14, 1969
257
the ad valorem tax rate of municipal corporations, so as to provide that such limitations shall not apply to the City of Toccoa; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 326. By Messrs. Moore and Gunter of the 6th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenue in the County of Stephens, so as to provide for an addi tional meeting date each month; to change the compensation of said commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 338. By Mr. Paris of the 14th: A bill to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary, so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 339. By Mr. Paris of the 14th: A bill to amend an Act creating the Board of County Commissioners for the County of Oconee, so as to change the compensation of the chairman of the Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 340. By Mr. Paris of the 14th: A bill to amend an Act providing a new charter for the City of Statham, so as to authorize the proper officials of the City of Statham to vacate and convey a specifically described piece of real property on 4th Street in exchange for certain specifically described property in order to extend Railroad Street; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 341. By Mr. Paris of the 14th: A bill to amend an Act providing a new Charter for the City of Stat ham, so as to provide that the corporate powers of the city, to be exercised by the City Council, shall include the power to vacate and relocate public ways and streets by ordinance or resolution; and for other purposes.
Referred to Committee on County and Urban Affairs.
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HB 342. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act creating the City of Walker County, so as to change the name of said court to the Civil and Criminal Court of Walker County; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions were read the second time:
SB 119. By Senators Stephens of the 36th, Kidd of the 25th, Garrard of the 37th and others:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 120. By Senator Holloway of the 12th:
A bill creating in each county or municipal corporation a Development Authority; providing for the membership thereof, to repeal conflicting laws; to provide an effective date; and for other purposes.
SB 121. By Senator Coggin of the 35th:
A bill to amend Code Chapter 57-1, relating to interest and usury as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain transactions; and for other purposes.
SB 122. By Senator Fincher of the 51st:
A bill to amend an Act relating to motor vehicle licenses, as amended, so as to provide for a partial credit, or the purchase of another license and tag, on tags surrendered to the State Revenue Commissioner under certain circumstances; and for other purposes.
SR 49. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a minimum wage for all employees within the State of Georgia who are not covered by the Federal minimum wage laws; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
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259
HB 169. By Mr. Barber of the 15th:
A bill to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools, and other State supported schools . . .", so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as provided in said Act in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years; and for other purposes.
HB 170. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to reduce the number of days a member in service must wait after filing notice; and for other purposes.
HB 200. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act providing a new charter for the City of Clarkesville, so as to authorize the Mayor and Council of the City of Clarkesville to determine and fix their own compensation by ordinance, and to provide for a method of reimbursement of expenses which have been incurred in performing official duties; and for other purposes.
HB 206. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act creating a Board of Commissioners of Turner County, so as to change the compensation of the chairman and other members of the board; and for other purposes.
HB 207. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
HB 208. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 209. By Mr. Conner of the 56th: A bill to amend an Act placing the sheriff, the clerk of the superior
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court, the tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriff; and for other purposes.
HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 258. By Mr. McCracken of the 36th:
A bill to amend Code Section 34-1407, relating to the custody and depositing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that challenged absentee ballots shall be counted as other ballots; and for other purposes.
Scripture reading and prayer were offered by Dr. Robert Ozment, pastor, First Methodist Church, Atlanta, Georgia.
Senator Coggin of the 35th asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following reports of standing committees were read by the secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 121. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
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261
Senator Hensley of the 33rd District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 92. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 75. By Senators Bateman of the 27th and Adams of the 26th: A bill creating the Bibb County Board of Education, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; to repeal conflicting laws; and for other purposes:
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 97. By Senators Searcey of the 2nd, Riley of the 1st and Zipperer of the 3rd: A bill to revise, alter and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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JOURNAL OP THE SENATE,
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 101. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, and creat ing a Board of Commissioners of DeKalb County, approved March 8, 1956, (Ga. L. 1956, p. 3237), as amended, so as to change the method of electing certain members of the Board of Commissioners; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 102. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A bill to amend an Act creating and establishing in DeKalb County, Georgia, districts from which the members of the County Board of Education of DeKalb County shall be elected, approved April 12, 1963, (Ga. L. 1963, p. 3424), so as to change the method of electing members of the board; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 112. By Senator London of the 50th:
A bill to create a Board of Commissioners of Rabun County; to name the initial commissioners; to provide for audits and publications thereof;
FRIDAY, FEBRUARY 14, 1969
283
to repeal specific laws; to repeal conflicting laws; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 78. By Messrs. Nessmith, Lane and Parker of the 44th:
A bill to amend an Act creating a charter for the Town of Rincdn, so as to provide for the election of a Recorder and the appointment of a recorder pro tern; and for other purposes.
The report 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 79. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc." so as to permit certain categories of employees of the City of Macon, not now eligible for participation in Division "A" of said pensions and retirement system, to become members and participate therein, as provided by said Division "A"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 80. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st and others:
A bill to amend an, Act entitled "An Act to Reenact the Charter of The City of Macon contained in the act approved August 17, 1914, etc.", so as to extend the city limits of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 82. By Mr. Bowen of the 47th: A bill to amend an Act creating a charter for the City of Unadilla, so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 94. By Messrs. Gunter of the 6th and Moore of the 6th: A bill to amend an Act creating and establishing the City Court of Habersham County, so as to change the name of said court to the Civil and Criminal Court of Habersham County; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
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265
The bill, having received the requisite constitutional majority, was passed.
HB 96. By Messrs. Gunter and Moore of the 6th: A bill to change the method for choosing successors to the Board of Trustees of the Habersham County Hospital Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 95. By Messrs. Gunter and Moore of the 6th: A bill to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 95 as follows:
By adding to the end of Section 2 the following:
"Provided, however, that any person who has served at least four years as Clerk of the Superior Court shall receive a salary of not less than $9,000 per annum, and any such Clerk of the Superior Court who has served at least eight years shall receive a salary of not less than $10,000 per annum."
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
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The bill, having received the requisite constitutional majority, was passed as amended.
HB 97. By Messrs. Gunter and Moore of the 6th:
A bill to abolish the present mode of compensating the Ordinary of Habersham County, known as the fee system; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 97, as follows:
By striking in section 2: "6,000"
and inserting in lieu thereof:
"7,000",
and by adding at the end of Section 2 the following:
"Provided, however, that when any Ordinary of Habersham County has been reelected to a second four-year term, his salary during said second and subsequent terms shall not be less than $8,000 per annum.
And by striking the last sentence in Section 4.
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 105. By Messrs. Busbee, Hutchinson, Odom and Lee of the 61st:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a supplement to the judge's salary; and for other purposes.
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267
The report 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 123. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, so as to change the method of compensating the deputy clerk of the superior court and the clerk 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 124. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the method of compensating 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 125. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act creating the office of Tax Commissioner of Hart County, so as to change the method of compensating the assistant to the Tax Commissioner; 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 126. By Mr. Phillips of the 29th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the com pensation of the Chairman of said 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 127. By Mr. Phillips of the 29th: A bill to amend an Act placing the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Columbia County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, Sheriff and 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 134. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act amending, revising and consolidating the sev eral Acts granting corporate authority to the Town of Leslie, so as
FRIDAY, FEBRUARY 14, 1969
269
to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 134 by inserting in the title immediately before the phrase and punctuation "; to repeal conflicting laws" the following:
"to change the deadline for voter registration", and by adding to the end of quoted Section 14 the following:
"No person shall be permitted to register to vote after 12 o'clock noon on the first Monday in November preceding the election."
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 129. By Messrs. Brown and Melton of the 32nd: A bill to amend an Act establishing the City Court of Griffin, so as to change the name of the City Court of Griffin; 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.
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JOURNAL OF THE SENATE,
HB 148. By Messrs. Cooper and Wood of the llth:
A bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Dawson 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 149. By Messrs. Cooper and Wood of the llth: A bill to amend an Act placing the Sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 150. By Messrs. Cooper and Wood of the llth:
A bill to amend an Act creating the office of Tax Commissioner of Dawson County, so as to change the compensation of the Tax Com missioner 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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271
HB 151. By Messrs. Cooper and Wood of the llth:
A bill to amend an Act creating the office of Commissioner of Dawson County, so as to change the compensation of the County Commissioner 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 157. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act creating a Board of Commissioners of Heard County, so as to change the compensation of commissioners and to provide them with an expense 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 158. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act placing the Sheriff of Heard County upon an annual salary, so as to change the compensation of the Sheriff and his deputies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 159. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to authorize the Clerk of the Superior Court of Heard County to employ a clerical 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 196. By Messrs. Atherton, Burruss, Kreeger and Henderson of the 117th:
A bill to amend an Act providing a new charter for the City of Marietta, so as to provide for a retirement plan for policemen and firemen 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 9.
Respectfully submitted, Eldridge of the 7th District, Chairman.
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273
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SB 51. By Senator Kidd of the 25th:
A bill to amend an Act designating public and legal holidays in the State of Georgia approved February 16, 1943, (Ga. L. 1943, p. 331), as amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 86. By Senators Hensley of the 33rd and Searcey of the 2nd:
A bill to amend the existing eminent domain procedure, so as to pro vide that condemnees may draw only seventy-five percent of awards when appealing the amount of such awards to a higher tribunal; and for other purposes.
The Committee on Highways offered the following amendment:
Amend SB 86. By adding to Section 13 thereof, after the words "Registry of the court pursuant" on the 5th line from the bottom of Page 4 of said Bill; the following language: "To the award of the special master be paid"; so that as amended Section 13 shall read as follows:
"Section 13. Upon the award of the special master being en tered up as hereinbefore provided, and upon the same being pre sented to him, the judge of the superior court shall enter up a proper order and judgment of the court condemning the described property, or the easement or other interest therein sought to be condemned, in rem, and fee simple, to the use of the condemning body upon the payment into the registry of the court of the amount provided for in the award of the special master, provided that when the condemning body is the State of Georgia or any branch of government thereof, or any county or municipality thereof, and the property is sought to be condemned for public street and road purposes, the judges of the superior court shall order that only seventy-five percent of the amount paid into the registry of the court pursuant to the award of the special master be paid to the
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JOURNAL OF THE SENATE,
condemnee applying for payment thereof, the remaining twentyfive percent of said award to remain on deposit with the court until the time for appeal by either party or his representative has elapsed, as partial security for the repayment of any amount so received by such condemnee which may be in excess of the amount awarded by the jury upon trial of the appeal."
Senator Searcey of the 2nd moved that SB 86 be postponed until February 17th.
On the motion to postpone, the ayes were 29, nays 0, and the motion prevailed.
SB 104. By Senator Eldridge of the 7th:
A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968, (Ga. L. 1968, p. 1352), so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 88. By Senators Hensley of the 33rd and Searcey of the 2nd:
A bill to amend Chapter 3-7 of the Code of Georgia of 1933, relating to periods of limitation of actions on contracts; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 88 by striking, in the caption, the phrase "and (3) per mitting a contractor and the State Highway Department to agree to a shorter period of limitation of action than the limit specified in this Act"
And by striking from the quoted section of 318 in section 1 all
FRIDAY, FEBRUARY 14, 1969
275
after the phrase "within two years after the completion of the work," and substituting in lieu thereof the following:
"provided that nothing herein shall be construed to remove the existing immunity of the State Highway Department against suits based on tort".
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 40, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 106. By Senator Carter of the 14th:
A bill to amend an Act to authorize and direct the Director of the Department of Public Safety to provide for temporary driver's licenses; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 108. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, Hudgins of the 15th and Coggin of the 35th:
A bill to amend an act exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, approved March 16, 1966, (Ga. L. 1966, p. 523), so as to define "enlisted personnel"; to define "com missioned officers"; to increase the exemption for certain commis sioned officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 37. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th: A resolution authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia, the "Moina Michael Highway"; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 35. By Senators Tysinger of the 41st, Reeder of the 55th, and Miller of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the powers, duties and responsibilities of the sheriff of DeKalb County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by the county police force of DeKalb County; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitu tion is hereby amended by adding at the end thereof the following:
"Effective January 1, 1971, the powers, duties and responsi bilities of the sheriff of DeKalb County, as they relate to the en forcement of the criminal laws of the United States, this State
FRIDAY, FEBRUARY 14, 1969
277
and any political subdivision thereof, shall devolve upon and be exercised by the county police force of DeKalb County and the sheriff shall no longer exercise such powers, duties and responsi bilities. Although, said sheriff shall continue to be the jailor of the DeKalb County Jail and shall exercise all other powers, duties and responsibilities that are 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 there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( NO (
) Shall the Constitution be amended so as to provide ) that the powers, duties and responsibilities of the
sheriff of DeKalb County, as they relate to the en forcement of criminal laws of the United States, this State and any political subdivision thereof, shall be teyx?er"cised by the county police force of DeKalb Coun
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 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 of 26th Andrews Bateman Broun of 46th Brown of 47th Carter
Chapman Coggin Cox Dean Doss Eldridge
Garrard Gillis Hardy Hensley Hill Holley
278
Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller
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Noble Plunkett Reeder Reynolds Rowan Scott Searcey Smith of 18th Smith of 34th
Spinks Starr Trippe Tysinger Vann Ward Webb Young Zipperer
Voting in the negative were Smalley and Walling.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 45, nays 2.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Senator Stephens of the 36th asked unanimous consent that he be recorded in the Journal as abstaining from voting on SR 35.
The consent was granted.
The following resolutions were read and adopted:
SR 56. By Senators Kidd of the 25th, Ward of the 39th and Johnson of the 38th:
A resolution wishing a speedy recovery for Graham Jackson; and for other purposes.
SR 57. By Senator London of the 50th:
A resolution commending the South Habersham Football Team; and for other purposes.
SR 58. By Senator Kidd of the 25th:
A resolution expressing appreciation to Mr. Charles W. Reynolds; and for other purposes.
FRIDAY, FEBRUARY 14, 1969
279
Under the provisions of HR 140, Senator Kidd of the 25th moved that the Senate do now adjourn until 10:00 Monday morning, and the motion prevailed.
The president announced the Senate adjourned until Monday morning at 10:00 o'clock.
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Senate Chamber, Atlanta, Georgia, Monday, February 17, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Young of the 13th 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 Coggin of the 35th 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 Senate bills and resolutions.
3. First reading and reference of House bills and resolutions.
4. Second reading of bills and resolutions.
5. Reports of standing committees.
6. Third reading and passage of local, uncontested bills and resolutions.
7. 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 219. By Messrs. Farmer of the 16th, Thompson of the 85th, Thompson of the 86th and Matthews of the 16th: A bill to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that certain public officials shall not
MONDAY, FEBRUARY 17, 1969
281
be competent to serve as grand jurors while serving as such officials; and for other purposes.
HB 318. By Mr. McClatchey of the 113th: A bill to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 11. By Senator Smalley of the 28th: A bill to amend an Act revising the adoption laws of Georgia, so as to provide for the rights and obligations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopted person; and for other purposes.
The House has passed by the requisite constitutional majority the follow ing bills of the House, to-wit:
HB 73. By Mr. Shanahan of the 8th: A bill to amend an Act entitled "An Act to provide for the terms of the Superior Courts of the Counties of the Cherokee Judicial Cir cuit. . . .", so as to change the terms of the Gordon County Superior Court; and for other purposes.
HB 259. By Messrs. Smith and Caldwell of the 39th: A bill to amend, consolidate and supersede the several Acts of the General Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new Charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.
HB 261. By Messrs. Smith and Caldwell of the 39th: A bill to amend an Act so as to provide for an increase in the salary of the Chief Deputy Sheriff of Lamar County, from a sum not to exceed $350 per month to a sum not to exceed $450 per month; and for other purposes.
HB 265. By Messrs. Caldwell and Smith of the 39th: A bill to amend an Act creating a new charter for the City of Thomas-
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ton, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.
HB 294. By Messrs. Smith and Caldwell of the 39th:
A bill to place the clerk of the superior court of Lamar County upon an annual salary supplement; and for other purposes.
HB 328. By Mr. Joiner of the 35th:
A bill to amend an Act incorporating the City of Sandersville, so as to abolish the office of City Treasurer; and for other purposes.
HB 355. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th:
A bill to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a Charter to that municipality under that name and style; to provide for a repeal of all laws that are in conflict with the Charter and the several Acts amendatory to the Charter; and for other purposes.
HB 363. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits; and for other purposes.
HB 364. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County, so as to change the salary of the sheriff, his two deputies, and to increase the allowance for jail means; and for other purposes.
HB 365. By Messrs. Roach, Harris and Poole of the 10th:
A bill to provide that the successors to the members of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years; and for other purposes.
HB 367. By Messrs. Williams, Cooper and Wood of the llth:
A bill to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman of the Board; and for other purposes.
MONDAY, FEBRUARY 17, 1969
283
HB 368. By Messrs. Williams, Cooper and Wood of the llth:
A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Porsyth County, so as to change the provisions relating to the compensation of the said county officials; and for other purposes.
HB 369. By Mr. Phillips of the 50th:
A bill to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.
HB 370. By Mr. Phillips of the 50th:
A bill to amend an Act creating a new Charter for the City of Mount Vernon, Montgomery County, so as to change the term of office of the Mayor and Councilmen; to provide that no Councilman shall be eligible to run for Mayor unless he resigns as a Councilman; and for other purposes.
HB 371. By Mr. Brantley of the 52nd:
A bill to amend an Act providing a new charter for the City of Metter, so as to change the corporate limits of said city; and for other pur poses.
HB 380. By Messrs. Melton and Brown of the 32nd, Smith and Caldwell of the 39th:
A bill to authorize the Judge of the Superior Courts of the Griffin Judi cial Circuit to employ and fix the compensation of a secretary; and for other purposes.
HB 382. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Adams of the 100th, Townsend of the 115th, Daugherty of the 109th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, so as to specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Election Commission; and for other purposes.
HB 386. By Messrs. Adams of the 110th, Brown of the 110th, Shepherd of the 107th, Sims of the 106th, Alexander of the 108th, Daugherty of the 109th and others:
A bill to amend an Act abolishing the fee system in the Superior Court
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of the Atlanta Judicial Circuit, as applied to the office of SolicitorGeneral of said Circuit, so as to change the number of trial assistant district attorneys that may be appointed; and for other purposes.
HB 390. By Messrs. Henderson, Kreeger, Wilson, Atherton, McDaniell and Burruss of the 117th: A bill to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500.00; and for other purposes.
The House has adopted the following resolutions of the House and Senate, to-wit:
HR 158. By Messrs. Westlake of the 75th, Geisinger and Collins of the 72nd, Sims of the 106th and many others: A resolution commending the Order of DeMolay on its 50th Anniver sary; and for other purposes.
HR 163. By Messrs. Matthews and Farmer of the 16th, and Brooks of the 17th: A resolution commending Honorable Vince Dooley and the entire 1968 University of Georgia football team; and for other purposes.
HR 164. By Messrs. Snow and Hale of the 1st, Peters of the 2nd, and Crowe of the 1st: A resolution commending the members of the Post Volunteer Fire Department of Fort Oglethorpe, Georgia; and for other purposes.
SR 29. By Senators Coggin of the 35th and Broun of the 46th: A resolution commending the University of Georgia Football Team; and for other purposes.
SR 47. By Senators Eldridge of the 7th and Dean of the 6th: A resolution relative to the presentation of a trophy; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
MONDAY, FEBRUARY 17, 1969
285
HB 6. By Mr. Harris of the 77th:
A bill to provide that a sale of real property under fi. fas. for taxes or improvements shall not divest easements to which such land is sub ject at the time of the sale; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 9. By Mr. Harris of the 77th:
A bill to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an administrator or executor under authority of a court of competent jurisdiction or under power in a will; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 136. By Senator Broun of the 46th:
A bill to amend Code Section 27-2502, relating to determinate sen tences for felonies not punishable by life imprisonment, as amended, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 137. By Senator London of the 50th:
A bill to amend an Act entitled "An Act to provide the manner in which Justices of the Peace and Notaries Public Ex Officio Justices of the Peace and Constables shall be compensated in criminal cases"; and for other purposes.
Referred to Committee on Judiciary.
SB 138. By Senator Walling of the 42nd:
A bill to abolish in DeKalb County the offices of Justices of the Peace, Notary Public Ex Officio Justice of the Peace and Constable; to pro vide an effective date; to repeal conflicting laws; and for other pur poses.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
SB 139. By Senator Walling of the 42nd:
A bill to amend an Act creating and establishing the Civil Court of DeKalb County, so as to create the office of court commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 140. By Senator Bateman of the 27th:
A bill to amend an Act providing for grants to certain municipalities of this State, so as to provide for the use of the last population figures available from the United States Census Bureau; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 141. By Senator Vann of the 10th:
A bill to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to eliminate the provisions requiring that each brand and grade of commercial fertilizer must be registered before being sold, distributed or offered for sale; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
SB 142. By Senator Padgett of the 23rd:
A bill to amend an Act providing for the appointment of an assistant solicitor-general in certain counties, so as to change the compensation of said assistant solicitor-general; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 143. By Senator Padgett of the 23rd:
A bill to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000 according to the United States decennial census of 1960 or any future such census, the district attorney of the Judicial Circuit of such counties shall receive an addi tional compensation from such counties; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 144. By Senator Padgett of the 23rd:
A bill to amend an Act providing for the position of a chief assistant silicitor-general for the Augusta Judicial Circuit, so as to increase
MONDAY, FEBRUARY 17, 1969
287
the compensation of said chief assistant solicitor-general; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 145. By Senator Padgett of the 23rd:
A bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to require the State Board of Corrections to furnish an inmate released from State penal institutions and county works camps a certain sum of money; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th and others:
A bill to provide for the protection, preservation, and investigation of archaeological sites, antiquities and artifacts on State properties; to provide for all procedures, requirements and other matters in connec tion with the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
SB 147. By Senator Padgett of the 23rd:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.
SB 148. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to change the provisions relating to the extension of the limits of the place of confinement of certain prisoners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
SB 149. By Senator Padgett of the 23rd:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth,
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and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, so as to provide for the acceptance and incarceration of all misde meanants and felons under the age of 17 years; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
SR 21. By Senator Johnson of the 38th: A resolution declaring the fifteenth day of January a State Holiday in memory of Martin Luther King, Jr.; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
The following bills were read the first time and referred to committees:
HB 73. By Mr. Shanahan of the 8th: A bill to amend an Act entitled "An Act to provide for the terms of the Superior Courts of Counties of the Cherokee Judicial Circuit . . .", so as to change the terms of the Gordon County Superior Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 219. By Messrs. Farmer of the 16th, Thompson of the 85th, Thompson of the 86th and Matthews of the 16th: A bill to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that certain public officials shall not be competent to serve as grand jurors while serving as such officials; and for other purposes.
Referred to Committee on Judiciary.
HB 259. By Messrs. Smith and Caldwell of the 39th: A bill to amend, consolidate and supersede the several Acts of the General Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new Charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 261. By Messrs. Smith and Caldwell of the 39th: A bill to amend an Act so as to provide for an increase in the salary of the Chief Deputy Sheriff of Lamar County, from a sum not to
MONDAY, FEBRUARY 17, 1969
289
exceed $350 per month to a sum not to exceed $450 per month; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 265. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 294. By Messrs. Smith and Caldwell of the 39th: A bill to place the clerk of the superior court of Lamar County upon an annual salary supplement; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 318. By Mr. McClatchey of the 113th: A bill to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.
Referred to Committee on Judiciary.
HB 328. By Mr. Joiner of the 35th: A bill to amend an Act incorporating the City of Sandersville, so as to abolish the office of City Treasurer; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 355. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th: A bill to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a Charter to that municipality under that name and style; to provide for a repeal of all laws that are in conflict with the Charter and the several Acts amendatory to the Charter; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
HB 363. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 364. By Messrs. Rush and Salem of the 51st: A bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County, so as to change the salary of the sheriff, his two deputies, and to increase the allowance for jail means; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 365. By Messrs. Roach, Harris and Poole of the 10th: A bill to provide that the successors to the members of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 367. By Messrs, Williams, Cooper and Wood of the llth: A bill to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman of the Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 368. By Messrs. Williams, Cooper and Wood of the llth: A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Forsyth County, so as to change the provisions relating to the compensation of the said county officials; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 369. By Mr. Phillips of the 50th:
A bill to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 370. By Mr. Phillips of the 50th: A bill to amend an Act creating a new Charter for the City of Mount
MONDAY, FEBRUARY 17, 1969
291
Vernon, Montgomery County, so as to change the term of office of the Mayor and Councilmen; to provide that no Councilman shall be eligible to run for Mayor unless he resigns as a Councilman; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 371. By Mr. Brantley of the 52nd:
A bill to amend an Act providing a new charter for the City of Metter, so as to change the corporate limits of said city; and for other pur poses. Referred to Committee on County and Urban Affairs.
HB 380. By Messrs. Melton and Brown of the 32nd, Smith and Caldwell of the 39th: A bill to authorize the Judge of the Superior Courts of the Griffin Judicial Circuit to employ and fix the compensation of a secretary; and for other purposes.
Referred to Committee on Judiciary.
HB 382. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th and others: A bill to amend an Act establishing a new charter for the City of Atlanta, so as to specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Election Commission; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 386. By Messrs. Adams of the 110th, Brown of the 110th, Shepherd of the 107th and others:
A bill to amend an Act abolishing the fee system in the Superior Court of Atlanta Judicial Circuit, as applied to the office of the Solicitor-General of said Circuit, so as to change the number of trial assistant district attorneys that may be appointed; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 390. By Messrs. Henderson, Kreeger, Wilson of the 117th and others:
A bill to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500.00; and for other purposes.
Referred to Committee on County and Urban Affairs.
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The following bills and resolutions were read the second time:
SB 123. By Senator Broun of the 46th:
A bill to amend Code Section 27-2101, relating to separate trials of two or more persons who have been charged in the same indictment or accusation, so as to provide for joint trials; and for other purposes.
SB 124. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide that the mayor and councilmen shall be elected by a majority vote; to provide for a runoff election; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th and others:
A bill to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 126. By Senator Kidd of the 25th:
A bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other pur poses.
SB 127. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Statewide Probation Act", so as to provide that certain rules and regulations promulgated by the Director of Probation and approved by State Board of Probation shall be adopted, established, promulgated, amended, repealed, filed and pub lished in accordance with applicable provisions set forth in the "Georgia Administrative Procedure Act"; and for other purposes.
SB 128. By Senator Coggin of the 35th:
A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that certain rules and regulations adopted and promulgated by the Board of Pardons & Paroles shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with applicable provisions set forth in "Georgia Administrative Procedure Act"; and for other purposes.
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293.
SB 129. By Senator London of the 50th:
A bill to authorize certain counties to establish and maintain a lawlibrary for the use of the judges, district attorneys, ordinaries and other officers of the courts of said counties; to repeal conflicting laws; and for other purposes.
SB 130. By Senator Coggin of the 35th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that certain rules and regulations shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions as set forth in "Georgia Administrative Procedure Act"; and for other purposes.
SB 131. By Senators Stephens of the 36th, Hardy of the 56th, Chapman of the 32nd and others:
A bill to require the employer of any laborer (who is paid on an hourly basis) and who fires or involuntarily dismisses or separates such laborer from employment to pay said laborer all sums due to him for services rendered, within three calendar days of the date such laborer is fired, involuntarily dismissed or separated; and for other purposes.
SB 132. By Senators Stephens of the 36th, Garrard of the 37th, Hardy of the 56th and others:
A bill to provide that no person, firm, or corporation shall employ or use any juvenile for the purposes of soliciting money or objects of value from (or for selling tickets, candy or other objects to) any person unless said person, firm or corporation shall have first filed with the county or municipal law enforcement officials a letter con taining certain information; and for other purposes.
SB 133. By Senators Stephens of the 36th, Hardy of the 56th and Garrard of the 37th:
A bill to amend an Act establishing a new charter for the City of At lanta, and the several Acts amendatory thereof; and for other purposes.
SB 134. By Senators Searcey of the 2nd, Fincher of the 54th, Zipperer of the 3rd and others:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for restrictions and exemptions on the number of retail licenses issued by
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municipal and county authorities and as to the location of the busi nesses for which such licenses are issued; and for other purposes.
SB 135. By Senator Johnson of the 38th:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimi nal Code, so as to change the penalty for conviction of a certain type of commercial gambling; to repeal conflicting laws; and for other pur poses.
SR 51. By Senators Garrard of the 37th, Tysinger of the 41st, Bateman of the 27th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of each county to have legislative power to adopt ordinances, resolutions or regulations respecting the salaries of elective and appointive county officers, and the employees of the county, and respecting county pension systems to the same extent as heretofore has been exercised by the General Assembly of Georgia; and for other purposes.
SR 52. By Senators Garrard of the 37th, Tysinger of the 41st, Bateman of the 27th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of each municipality to have legisla tive power to adopt reasonable ordinances; resolutions or regulations respecting the salaries of elective and appointive municipal officials, and the employees of the municipality, and respecting municipal pen sion systems, to the same extent as heretofore has been exercised by the General Assembly of Georgia; and for other purposes.
SR 53. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th and others:
A resolution proposing an amendment to the Constitution, so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose taxable income for the immediately preceding tax year was less than $5,000; to provide for the submission of the amendment for rati fication or rejection; and for other purposes.
SR 54. By Senators Tysinger of the 41st, Walling of the 42nd, Maclntyre of the 40th and others:
A resolution relating to maintenance and repairs of the Expressway System in the metropolitan Atlanta area; and for other purposes.
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295
SR 55. By Senator Hensley of the 33rd:
A resolution requesting that the national television networks and sta tions devise a procedure whereby television viewers can be informed in advance that a particular program may contain matter which should not be seen by small children; and for other purposes.
SR 59. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th and others:
A resolution urging that the famous steam locomotive known as the GENERAL be placed in a railroad museum in Atlanta, Georgia; to repeal a specific Resolution; and for other purposes.
HB 4. By Messrs. Lane of the 101st, Adams of the 100th, Ross of the 26th, Games of the 104th, Shanahan of the 8th, Westlake of the 75th:
A bill to amend an Act declaring certain days as public and legal holi days, so as to provide that the Tuesday next following the first Monday in November in each even numbered year shall be a public and legal holiday; and for other purposes.
HB 23. By Mr. Parker of the 46th:
A bill to require the owners of real property or persons having immedi ate supervision over real property in this State on which is located any free flowing artesian well to have any such well tapped or otherwise stop the flow of any such well, except when in use, when certain condi tions exist; and for other purposes.
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
HB 172. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A bill to amend an Act creating the "Georgia State Scholarship Commission", so as to increase the amount of the surety bond required of the Executive Director of the Commission; and for other purposes.
HB 180. By Messrs. Cole and Leonard of the 3rd:
A bill to amend an Act amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for cer tain officers and employees of the City of Dalton, so as to define the term "orphan"; and for other purposes.
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JOURNAL OF THE SENATE,
HB 193. By Mr. Lowrey of the 9th:
A bill providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.
HB 222. By Mr. Sorrells of the 24th:
A bill to provide a new charter for the Town of Walnut Grove; and for other purposes.
HB 224. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to increase the corporate limits; and for other purposes.
HB 247. By Messrs. Dorminy of the 48th and Hudson of the 48th:
A bill to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the reimbursement of the sheriff for expenses incurred while on official business outside of the State of Georgia; and for other purposes.
HB 249. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to create a new charter for the City of Rossville in the County of Walker; and for other purposes.
HB 253. By Mr. Shanahan of the 8th:
A bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, as to change in the compensation of the said Commissioner; and for other purposes.
HB 267. By Messrs. McDaniell, Wilson, Housley, Burruss, Atherton, Henderson, and Kreeger of the 117th:
A bill to change the boundaries of the seven Education Districts of the Cobb County School District; and for other purposes.
HB 268. By Messrs. McDaniell, Kreeger, Burruss, Atherton, Housley, Wilson and Henderson of the 117th:
A bill to increase the amount of the bond which shall be executed by the Clerk of the Superior Court of Cobb County; and for other purposes.
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297
HB 273. By Messrs. Roach, Poole and Harris of the 10th:
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, so as to change provisions relating to compensation; and for other purposes.
HB 276. By Messrs. Brown and Melton of the 32nd: A bill to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, so as to change the corporate limits of said City; and for other purposes.
HB 284. By Mr. Harrison of the 66th: A bill to amend an Act placing the sheriff, the clerk of the superior court and ordinary of Camden County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary; and for other purposes.
HB 285. By Mr. Harrison of the 66th: A bill to authorize and empower the City of Saint Marys, Georgia, to abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park Subdivision, Unit Two, City of Saint Marys; and for other purposes.
HB 287. By Mr. Harrison of the 66th: A bill to consolidate the offices of tax receiver and tax collector of Camden County into the office of tax commissioner of Camden County; and for other purposes.
HB 290. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st: A bill to amend an Act providing a new charter for the City of Albany, so as to provide for the extension of water service and water distribu tion system and all necessary appurtenances connected therewith out side the city limits of the City of Albany; and for other purposes.
HB 291. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st: A bill to amend an Act creating a new charter for the City of Albany, so as to separate the offices of City Clerk and City Treasurer; and for other purposes.
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HB 293. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act incorporating the Town of Forest Park (now City of Forest Park), so as to change the corporate limits of said city; and for other purposes.
HB 297. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.
HB 298. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to provide for the compensation of the chairman; and for other purposes.
HB 299. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Tattnall County, so as to change the compensation of the chairman; and for other purposes.
HB 300. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of said clerk and of his employees; and for other purposes.
HB 301. By Mr. Peters of the 2nd:
A bill to amend an Act placing the sheriff of Catoosa County on an an nual salary in lieu of the fee system of compensation, so as to change the salary of the sheriff; and for other purposes.
HB 302. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa (now the Commissioner of Catoosa County), so as to change the compensation of said commissioner and the clerical assistant thereof; and for other purposes.
HB 305. By Mr. Lewis of the 37th: A bill to amend an Act establishing the City Court of Waynesboro, so
MONDAY, FEBRUARY 17, 1969
299
as to change the compensation and duties of the stenographer of the City Court of Waynesboro; and for other purposes.
KB 306. By Mr. Lewis of the 37th:
A bill to provide the Clerk of the Superior Court of Burke County a salary in addition to the fees and other compensation he is entitled to receive by law; and for other purposes.
HB 307. By Mr. Lewis of the 37th:
A bill to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensa tion of the Ordinary of Burke County; and for other purposes.
HB 309. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the mode of compensating the clerk of the superior court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the amount of compensation that may be paid to the deputy clerk or clerical assist ants; and for other purposes.
HB 310. By Mr. Dailey of the 53rd:
A bill to amend an Act placing the Ordinary of Randolph County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Randolph County; and for other purposes.
HB 311. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the com pensation of the sheriff and deputy sheriff of Randolph County; and for other purposes.
HB 312. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend the Charter of the City of Montezuma, so as to change the date for the holding of elections; and for other purposes.
HB 313. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and City Court Clerk in the County of Sumter and providing a salary system in lieu thereof, so as to change the compensation of said clerk and one of his clerks; and for other purposes.
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HB 314. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Schley County, so as to change the compensation of said sheriff; and for other purposes.
HB 315. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the solicitor of the city court of Oglethorpe; and for other purposes.
HB 316. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the judge of the city court of Oglethorpe; and for other purposes.
HB 322. By Messrs, Lane of the 101st, Cook, Hawes, Horton and Gates of the 95th, Longino of the 98th: A bill to amend an Act incorporating the City of Hapeville, so as to change the provisions relating to the veto power of the mayor; and for other purposes.
HB 323. By Messrs. Lane of the 101st, Horton, Hawes, Cook and Gates of the 95th, Longino of the 98th: A bill to amend an Act establishing a new charter for the City of College Park, so as to remove the provisions prohibiting the sale of spirituous and intoxicating liquors; and for other purposes.
HB 325. By Messrs. Moore and Gunter of the 6th:
A bill to amend Code Section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corporations, so as to provide that such limitations shall not apply to the City of Toccoa; and for other purposes.
HB 326. By Messrs. Moore and Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenue in the County of Stephens, so as to provide for an addi tional meeting date each month; to change the compensation of said commissioners; and for other purposes.
HB 338. By Mr. Paris of the 14th: A bill to amend an Act placing the sheriff, the clerk of the superior
MONDAY, FEBRUARY 17, 1969
301
court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary, so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes.
HB 339. By Mr. Paris of the 14th:
A bill to amend an Act creating the Board of County Commissioners for the County of Oconee, so as to change the compensation of the chairman of the Board; and for other purposes.
HB 340. By Mr. Paris of the 14th:
A bill to amend an Act providing a new charter for the City of Statham, so as to authorize the proper officials of the City of Statham to vacate and convey a specifically described piece of real property on 4th Street in exchange for certain specifically described property in order to ex tend Railroad Street; and for other purposes.
HB 341. By Mr. Paris of the 14th: A bill to amend an Act providing a new Charter for the City of Statham, so as to provide that the corporate powers of the city, to be exercised by the City Council, shall include the power to vacate and relocate pub lic ways and streets by ordinance or resolution; and for other purposes.
HB 342. By Messrs. Snow, Hale and Crowe of the 1st: A bill to amend an Act creating the City Court of Walker County, so as to change the name of said court to the Civil and Criminal Court of Walker County; and for other purposes.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and resolution 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 51.
SB 75.
SB 88.
302 SB 97. SB 101. SB 102. SB 104, SB 106. SB 108. SB 112. SR 35.
JOURNAL OP THE SENATE,
Respectfully submitted, Eldridge of 7th Distrct, Chairman.
Scripture reading and prayer were offered by Senator Carter of the 14th.
The following resolutions were read and adopted:
HR 158. Messrs. Westlake of the 75th, Geisinger and Collins of the 72nd, Sims of the 106th and many others: A resolution commending the Order of DeMolay on its 50th Anniversary and for other purposes.
HR 163. By Messrs. Matthews and Farmer of the 16th and Brooks of the 17th: A resolution commending Honorable Vince Dooley and the entire 1968 University of Georgia Football Team; and for other purposes.
HR 164. By Messrs. Peters of the 2nd, Snow, Hale and Crowe of the 1st: A resolution commending the members of the Post Volunteer Fire De partment of Fort Oglethorpe, Georgia; and for other purposes.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 9:30 o'clock.
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303
Senate Chamber, Atlanta, Georgia, Tuesday, February 18, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
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 Kennedy of the 4th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. L. W. Hobby, and as the nurse of the day, Mrs. Durice Hanson.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
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HB 391. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act creating a board of commissioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.
HB 393. By Mr. Lewis of the 37th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Burke County, so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one addi tional deputy; and or other purposes.
HB 395. By Messrs. Atherton, Burruss, Wilson, Kreeger, McDaniell and Henderson of the 117th:
A bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide that the mayor shall be elected by a majority vote; and for other purposes,
HB 405. By Messrs. Kreeger, Housley, Atherton, McDaniell and Burruss of the 117th:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to amend said charter in order to add a new section to said Char ter to be known as Section 4(q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
HB 408. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act relating to the Echols County Commissioners, so as to provide for compensation for each of the Echols County Commis sioners and for the County Attorney at the rate of $75.00 per month; and for other purposes.
HB 411. By Messrs. Ballard of the 23rd, Vaughn of the 74th, Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Harris, Farrar, Thomason and Levitas of the 77th and Dean of the 76th:
A bill to amend an Act relating to the Stone Mountain Judicial Circuit, so as to provide that the salary of the judges of the Superior Court shall be supplemented by payments to be made from the county treasuries of the various counties composing the Circuit; and for other purposes.
HB 417. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to change the qualifications for ordinaries in certain counties of this State; and for other purposes.
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305
The following bill and resolution were introduced, read the first time, and referred to committees:
SB 150. By Senators Doss of the 52nd, Fincher of the 54th, Vann of the 10th and others:
A bill to amend Code Section 23-1704, relating to the bonds required of contractors contracting with the county, so as to provide that the re quirements of certain code sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at less than $1,500; to repeal conflicting law, and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 60. By Senator Riley of the 1st:
A resolution relative to a Foreign Trade Zone in the Port of Savannah, Georgia; and for other purposes.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 391. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act creating a board of commissioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 393. By Mr. Lewis of the 37th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Burke County, so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one addi tional deputy; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 395. By Messrs. Atherton, Burruss, Wilson and others of the 117th:
A bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide that the mayor shall be elected by a majority vote; and for other purposes.
Referred to Committee on County and Urban Affairs.
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HB 405. My Messrs. Kreeger, Housley, Atherton and others of the 117th:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to amend said charter in order to add a new section to said Charter to be known as Section 4(q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 408. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act relating to the Echols County Commissioners, so as to provide for compensation for each of the Echols County Com missioners and for the County Attorney at the rate of $75.00 per month; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 411. By Messrs. Ballard of the 23rd, Vaughn of the 74th, Bell and Morris of the 73rd and others:
A bill to amend an Act relating to the Stone Mountain Judicial Circuit, so as to provide that the salary of the judges of the Superior Court shall be supplemented by payments to be made from the county treas uries of the various counties composing the Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 417. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to change the qualifications for ordinaries in certain counties of this State; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions were read the second time:
SB 136. By Senator Broun of the 46th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, as amended, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; to repeal conflicting laws; and for other purposes.
SB 137. By Senator London of the 50th:
A bill to amend an Act entitled "An Act to provide the manner in which Justices of the Peace and Notaries Public Ex Officio Justices of the
TUESDAY, FEBRUARY 18, 1969
307
Peace and Constables shall be compensated in criminal cases"; and for other purposes.
SB 138. By Senator Walling of the 42nd:
A bill to abolish in DeKalb County the offices of Justice of the Peace, Notary Public Ex Officio Justice of the Peace and Constable; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 139. By Senator Walling of the 42nd:
A bill to amend an Act creating and establishing the Civil Court of DeKalb County, so as to create the office of court commissioner; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
SB 140. By Senator Bateman of the 27th:
A bill to amend an Act providing for grants to certain municipalities of this State, so as to provide for the use of the last population figures available from the United States Census Bureau; to repeal conflicting laws; and for other purposes.
SB 141. By Senator Vann of the 10th:
A bill to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to eliminate the provision requiring that each brand and grade of commercial fertilizer must be registered before being sold, distributed or offered for sale; to repeal conflicting laws; and for other purposes.
SB 142. By Senator Padgett of the 23rd:
A bill to amend an Act providing for the appointment of an assistant solicitor-general in certain counties, so as to change the compensation of said assistant solicitor-general; and for other purposes.
SB 143. By Senator Padgett of the 23rd:
A bill to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000 according to the United States decennial census, of 1960 or any future such census, the district attorney of the Judicial Circuit of such counties shall receive an addi tional compensation from such counties; to repeal conflicting laws; and for other purposes.
SB 144. By Senator Padgett of the 23rd: A bill to amend an Act providing for the position of a chief assistant
308
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solicitor-general for the Augusta Judicial Circuit, so as to increase the compensation of said chief assistant solicitor-general; and for other purposes.
SB 145. By Senator Padgett of the 23rd: A bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to require the State Board of Corrections to furnish an inmate released from State penal institutions and county work camps a certain sum of money; and for other purposes.
SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th and others: A bill to provide for the protection, preservation, and investigation of archaeological sites, antiquities and artifacts on State properties; to provide for all procedures, requirements and other matters in connec tion with the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes.
SB 147. By Senator Padgett of the 23rd:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handi capped; to repeal conflicting laws; and for other purposes.
SB 148. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to change the provisions relating to the extension of the limits of the place of confinement of certain prisoners; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 149. By Senator Padgett of the 23rd:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, so as to pro vide for the acceptance and incarceration of all misdemeanants and felons under the age of 17 years; and for other purposes.
TUESDAY, FEBRUARY 18, 1969
309
SR 21. By Senator Johnson of the 38th:
A resolution declaring the fifteenth day of January a State Holiday in memory of Martin Luther King, Jr.; and for other purposes.
HB 73. By Mr. Shanahan of the 8th:
A bill to amend an Act entitled "An Act to provide for the terms of the Superior Courts of the Counties of the Cherokee Judicial Circuit . . .", so as to change the terms of the Gordon County Superior Court; and for other purposes.
HB 219. By Messrs. Farmer of the 16th, Thompson of the 85th, Thompson of the 86th and Matthews of the 16th:
A bill to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that certain public officials shall not be competent to serve as grand jurors while serving as such officials; and for other purposes.
HB 259. By Messrs. Smith and Caldwell of the 39th:
A bill to amend, consolidate and supersede the several acts of the Gen eral Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new Charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.
HB 261. By Messrs. Smith and Caldwell of the 39th:
A bill to amend an Act so as to provide for an increase in the salary of the Chief Deputy Sheriff of Lamar County, from a sum not to exceed $350 per month to a sum not to exceed $450 per month; and for other purposes.
HB 265. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.
HB 294. By Messrs. Smith and Caldwell of the 39th:
A bill to place the clerk of the superior court of Lamar County upon an annual salary supplement; and for other purposes.
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JOURNAL OP THE SENATE,
HB 318. By Mr. McClatchey of the 113th:
A bill to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.
HB 328. By Mr. Joiner of the 35th:
A bill to amend an Act incorporating the City of Sandersville, so as to abolish the office of City Treasurer; and for other purposes.
HB 355. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th:
A bill to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a Charter to that municipality under that name and style; to provide for a repeal of all laws that are in con flict with the Charter and the several acts amendatory to the Charter; and for other purposes.
HB 363. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits; and for other purposes.
HB 364. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County, so as to change the salary of the sheriff, his two deputies, and to increase the allowance for jail means; and for other purposes.
HB 365. By Messrs. Roach, Harris and Poole of the 10th:
A bill to provide that the successors to the members of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years; and for other purposes.
HB 367. By Messrs. Williams, Cooper and Wood of the llth:
A bill to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman of the Board; and for other purposes.
HB 368. By Messrs. Williams, Cooper and Wood of the llth: A bill to amend an Act changing the compensation of the Clerk of the
TUESDAY, FEBRUARY 18, 1969
311
Superior Court, the Sheriff and Tax Commissioner of Forsyth County, so as to change the provisions relating to the compensation of the said county officials; and for other purposes.
HB 369. By Mr. Phillips of the 50th:
A bill to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.
HB 370. By Mr. Phillips of the 50th:
A bill to amend an Act creating a new Charter for the City of Mount Vernon, Montgomery County, so as to change the term of office of the Mayor and Councilmen; to provide that no Councilman shall be eligible to run for Mayor unless he resigns as a Councilman; and for other purposes.
HB 371. By Mr. Brantley of the 52nd:
A bill to amend an Act providing a new charter for the City of Metter, so as to change the corporate limits of said city; and for other purposes.
HB 380. By Messrs. Melton and Brown of the 32nd, Smith and Caldwell of the 39th:
A bill to authorize the Judge of the Superior Courts of the Griffin Ju dicial Circuit to employ and fix the compensation of a secretary; and for other purposes.
HB 382. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th and others:
A bill to amend an Act establishing a new charter for the City of At lanta, so as to specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Eelection Commission; and for other purposes.
HB 386. By Messrs. Adams of the 110th, Brown of the 110th, Shepherd of the 107th and others:
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 change the number of trial assistant district attorneys that may be appointed; and for other purposes.
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HB 390. By Messrs. Henderson, Kreeger, Wilson of the 117th and others:
A bill to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500.00; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 91. Do pass. SB 95. Do pass. HB 2. Do pass. HB 74. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.
Scripture reading and prayer were offered by Dr. John E. Richards, former Air Force Chaplain and Pastor in several southeastern cities, now pastor of the First Presbyterian Church of Macon, Georgia.
Senator Coggin of the 35th asked unanimous consent that the roll call be dis pensed with.
The consent was granted.
Honorable Dwane Gilbert, President, Sheriffs' Association of Georgia, was introduced to the members of the Senate by the president.
TUESDAY, FEBRUARY 18, 1969
313
Senator Bateman of the 27th introduced the members of the Executive Committee of the Georgia Young Republicans to the members of the Senate.
Mr. Terry Moshier, Chairman of the Georgia Young Republicans, addressed the senators briefly.
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 182. By Mr. Jordan of the 55th:
A resolution calling a joint session for the purpose of presenting a tro phy to Joey Vickers; and for other purposes.
The following resolution was read and adopted:
HR 182. By Mr. Jordan of the 65th:
A resolution providing for a Joint Session for the purpose of presenting a trophy to Joey Vickers; and for other purposes.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 121. By Senator Coggin of the 35th:
A bill to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to create and preserve opportunities for Georgians to ob tain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain transactions; and for other purposes.
The report 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 4.
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The bill, having received the requisite constitutional majority, was passed.
Senator Coggin of the 35th moved that SB 121 be immediately transmitted to the House.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 121.
Respectfully submitted, Eldridge of 7th District, Chairman.
The following general bills favorably reported by the committees, were read the third time, and put upon their passage.
SB 90. By Senators Cox of the 21st and Walling of the 42nd:
A bill to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for inclusion in the System; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
Senator Walling of the 42nd offered the following amendment:
Amend SB 90 by striking the word "Chatooga" where it appears in the last line of page 2, and inserting in lieu thereof the word, "Chattooga".
On the adoption of the amendment, the ayes were 43, 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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315
On the passage of the bill, the ayes were 35, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 92. By Senator Miller of the 43rd:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on the Highways", so as to make certain changes in relating to matters per taining to the operation of vehicles while under the influence of intoxi cating liquors or drugs, etc.; to repeal conflicting laws; and for other purposes.
Senator Smalley of the 28th offered the following amendment: Amend SB 92 by striking Section 5 in its entirety.
On the adoption of the amendment, the ayes were 24, nays 13, and the amendment was adopted.
Senator Smalley of the 28th offered the following amendment: Amend SB 92 by striking Section 1 in its entirety.
On the adoption of the amendment, the ayes were 25, nays 14, and the amendment was adopted.
Senator Andrews of the 49th offered the following amendment:
Amend SB 92 by striking sub-paragraph 5 of Section 4 in its entirety and to delete all reference to same in the caption.
On the adoption of the amendment, the ayes were 22, nays 15, and the amendment was adopted.
Senator Coggin of the 35th offered the following amendment:
Amend SB 92 by adding at the end of the last complete sentence on Page 4 the following: "Provided, however, said examination must be made no later than 12 hours after said person is incarcerated."
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On the adoption of the amendment, the ayes were 32, 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 31, nays 7.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Coggin of the 35th moved that upon the dissolution of the Joint Session, the Senate stand adjourned until 9:30 o'clock tomorrow morning.
On the motion, the ayes were 31, nays 0, 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 pur pose of presenting a trophy to Mr. Joey Vickers, recently named "Top 4-H Poultry Judge in the United States", was called to order by the president of the Senate.
HR 182, providing for the Joint Session, was read by the secretary of the Senate.
Accompanied by Mr. Joey Vickers and other distinguished guests, Hia Excellency, Governor Lester G. Maddox, appeared upon the floor of the House.
The president of the Senate, Lieutenant-Governor George T. Smith, presented His Excellency, Governor Lester G. Maddox, who, on behalf of the General Assembly, presented a beautiful trophy to Mr. Vickers, expressing his deep ap preciation for the fine manner in which the State of Georgia has been represented in Chicago by Mr. Vickers.
Mr. Vickers accepted the trophy with appropriate words of thanks.
Senator Gillis of the 20th moved that the Joint Session be dissolved, and the motion prevailed.
The president of the Senate announced the Joint Session dissolved.
Under the provisions of a previous motion, the Senate now stood adjourned until 9:30 o'clock tomorrow morning.
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317
Senate Chamber, Atlanta, Georgia, Wednesday, February 19, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Searcey of the 2nd 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 Searcey of the 2nd 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. James Walker, and as the nurse of the day, Miss Marion Hale.
The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
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HB 431. By Messrs. Melton and Brown of the 32nd:
A bill creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.
HB 434. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, providing that in counties having a population of not less than 36,000 and not more than 38,000, that any person who fails to return real and personal property for taxes by the deadline shall be deemed to have returned said property at the precedings year's value; and for other purposes.
HB 444. By Mr. Paris of the 14th:
A bill to amend an Act creating a board of commissioners for Barrow County, so as to change the provisions relating to the compensation of the clerk of the board of county commissioners; and for other purposes.
HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton, Pelton, Hawes and Gates of the 95th, Adams of the 100th, Carnes of the 104th, Bond of the lllth, Alexander of the 108th and others: A bill to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have certain additional members in certain municipalities; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
HB 45. By Messrs. Matthews of the 63rd, Black of the 45th, Collins of the 62nd, Lowrey of the 9th and Reaves of the 71st:
A bill to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for certain inspections of fertilizer; and for other purposes.
HB 118. By Mr. Vaughn of the 74th:
A bill to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Department in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.
HB 119. By Mr. Vaughn of the 74th: A bill to amend Section 91-104, Code of Georgia of 1933, relating to
WEDNESDAY, FEBRUARY 19, 1969
319
the legal and beneficial ownership by the State of the property of the Highway Department, so as to provide that the proceeds of the man agement of property acquired for future highway purposes are retained by the Highway Department; and for other purposes.
HB 120. By Mr. Vaughn of the 74th:
A bill to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and non-profit organizations displaced as a result of roads, streets and highways constructed in Georgia with any federal-aid funds made available under Sections 106 or 117, Title 23, United States Code, etc.; and for other purposes.
HB 121. By Mr. Vaughn of the 74th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.
HB 202. By Mr. Alexander of the 108th:
A bill to amend Code Section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, so as to pro vide for informing the parties of the decision of the State Board of Education upon appeal thereto; and for other purposes.
HB 203. By Messrs. Parker and Nessmith of the 44th, Barber of the 15th, Brantley of the 52nd, Parker of the 46th, Farrar of the 77th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State-wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in determining local units of admin istrations' share of the cost of supporting the Minimum Foundation Program of Education; and for other purposes.
HB 217. By Messrs. Cato of the 68th, Gunter of the 6th, Maxwell of the 78th, Sherman of the 80th, Evans of the 81st, Nunn of the 41st and others:
A bill to amend Code Section 24-2727, relating to the fees of clerks of the superior courts, as amended, so as to change the fees of certain clerks for recording liens, mortgages and deeds; and for other purposes.
HB 289. By Mr. Felton of the 95th:
A bill to attract investment capital and to promote the growth of indus try in Georgia by permitting borrowers to contract and act freely and
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without legislative restriction or limitation as to interest rates in bor rowing or obtaining or using sums of $100,000 or more, whether orig inally or by renewal or extension; and for other purposes.
HB 303. By Mr. Hale of the 1st:
A bill to abolish the right of dower; to repeal Title 31 of the Code of Georgia, relating to dower; and for other purposes.
HB 378. By Messrs. Henderson of the 117th, Gunter of the 6th, Thompson of the 86th, Clarke of the 33rd, McClatchey of the 113th and others: A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to prohibit certain activities relating to the use of credit cards; and for other purposes.
HR 62. By Messrs. Burruss, McDaniell, Wilson, Kreeger, Atherton, Housley and Henderson of the 117th: A resolution pertaining to Uniform Time; and for other purposes.
HR 74. By Mr. McCracken of the 36th. A resolution authorizing conveyance of a certain tract of State-owned property (City of Louisville); and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 95. By Messrs. Gunter and Moore of the 6th: A bill to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes.
HB 97. By Messrs. Gunter and Moore of the 6th: A bill to abolish the present mode of compensating the Ordinary of Habersham County, known as the fee system; and for other purposes.
HB 134. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, so as to change
WEDNESDAY, FEBRUARY 19, 1969
321
the deadline for filing notice of candidacy for elective office of the Town of Leslie; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 151. By Senator Stephens of the 36th: A bill to amend Section 30-105, of the Georgia Code of 1933, so as to pro hibit use of the rule nisi in any divorce action; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 152. By Senator Stephens of the 36th: A bill to amend Title 30 of the Georgia Code, relating to divorce and alimony, as amended, so as to provide that all court costs and certain attorney fees shall be paid by the party adjudged to be at fault in each proceeding brought by virtue of the rights and remedies provided for in said Code Title, to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 153. By Senator Stephens of the 36th: A bill to amend Section 30-102 of the Georgia Code, relating to grounds for total divorce, so as to provide for divorce by mutual consent without the necessity of charging or proving fault in certain cases; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 154. By Senator Kennedy of the 4th: A bill to amend an Act establishing the City Court of Claxton, so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 155. By Senator Holley of the 22nd: A bill to amend Code Section 13-2013, relating to the limit a bank is al lowed to lend to any one person, firm or corporation, so as to remove the limitation on the sale of federal or correspondent funds to qualified depositories; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
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JOURNAL OF THE SENATE,
SB 156. By Senator Holley of the 22nd:
A bill to amend Code Section 109A-4-213, relating to the time when an item is finally paid by a payor bank, so as to clarify when an item making a provisional settlement is finally paid; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 157. By Senator Holley of the 22nd: A bill to amend Code Section 13-912, relating to common stock, pre ferred stock, capital stock, capital, and stock options, so as to provide for an increase in the common stock of a bank in the category of au thorized but unissued stock; and for other purposes.
Referred to Committee on Banking and Finance.
SB 158. By Senator Kidd of the 25th: A bill to provide that it shall be unlawful to sell, offer or advertise for sale, lend, give away, show, transmit or distribute lewd or obscene books and other materials depicting nudity or sexual conduct; to prohibit the sale or other distribution of lewd and obscene materials to persons under eighteen years of age; and for other purposes.
Referred to Committee on Judiciary.
SB 159. By Senator Kidd of the 25th: A bill to amend Code Section 59-105, relating to the compensation of commissioners and clerk for revising jury lists, so as to change the compensation which may be paid to said commissioners and clerk; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 160. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A bill to amend an Act providing for grants to certain municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the cost of providing personnel and equipment for traffic control, so as to define the meaning of the word "population" as used in this Act; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 161. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A bill to amend an Act providing for grants to certain incorporated
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323
municipalities of this State to be used for public purpose, so as to define the word "population" as used in this Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 162. By Senators Maclntyre of the 40th and Garrard of the 37th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to indicate which public bodies said Authority may contract with pertaining to its purposes; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 163. By Senator Searcey of the 2nd:
A bill to repeal an Act creating the Georgia Educational Improvement Council, so as to abolish the Georgia Educational Improvement Coun cil; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SR 62. By Senator Abney of the 53rd:
A resolution requesting the Governor to designate one day in each year as the "Annual Old-Timers' Day"; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
The following bills and resolutions were read the first time and referred to committees:
HB 45. By Messrs. Matthews of the 63rd, Black of the 45th, Collins of the 62nd and others: A bill to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for certain inspections of fertilizer; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 118. By Mr. Vaughn of the 74th:
A bill to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Department in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.
Referred to Committee on Highways.
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HB 119. By Mr. Vaughn of the 74th:
A bill to amend Section 91-104, Code of Georgia of 1933, relating to the legal and beneficial ownership by the State of the property of the Highway Department, so as to provide that the proceeds of the manage ment of property acquired for future highway purposes are retained by the Highway Department; and for other purposes.
Referred to Committee on Highways.
HB 120. By Mr. Vaughn of the 74th:
A bill to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and non-profit organizations displaced as a result of roads, streets and highways constructed in Georgia with any federal-aid funds made available under Sections 106 or 117, Title 23, United States Code, etc.; and for other purposes.
Referred to Committee on Highways.
HB 121. By Mr. Vaughn of the 74th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.
Referred to Committee on Highways.
HB 202. By Mr. Alexander of the 108th:
A bill to amend Code Section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, so as to pro vide for informing the parties of the decision of the State Board of Education upon appeal thereto; and for other purposes.
Referred to Committee on Educational Matters.
HB 203. By Messrs. Parker and Nessmith of the 44th, Barber of the 15th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State-wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in determining local units of admin istrations' share of the cost of supporting the Minimum Foundation Program of Education; and for other purposes.
Referred to Committee on Educational Matters.
HB 217. By Messrs. Cato of the 68th, Maxwell of the 78th and others: A bill to amend Code Section 24-2727, relating to the fees of clerks of
WEDNESDAY, FEBRUARY 19, 1969
325
the superior courts, as amended, so as to change the fees of certain clerks for recording liens, mortgages and deeds; and for other purposes.
Referred to Committee on Judiciary.
HB 289. By Mr. Felton of the 95th: A bill to attract investment capital and to promote the growth of in dustry in Georgia by permitting borrowers to contract and act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $100,000 or more, whether originally or by renewal or extension; and for other purposes.
Referred to Committee on Banking and Finance.
HB 303. By Mr. Hale of the 1st: A bill to abolish the right of dower; to repeal Title 31 of the Code of Georgia, relating to dower; and for other purposes.
Referred to Committee on Judiciary.
HB 378. By Messrs. Henderson of the 117th, Gunter of the 6th, Thompson of the 86th and others: A bill to amend an Act revising, classifying, consolidating and supersed ing the laws relating to crimes and the punishment therefor, and estab lishing new laws relating thereto, and providing for a new Criminal Code, so as to prohibit certain activities relating to the use of credit cards; and for other purposes.
Referred to Committee on Judiciary.
HB 431. By Messrs. Melton and Brown of the 32nd: A bill creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 434. By Messrs. Bohannon and Patterson of the 20th: A bill to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, providing that in counties having a population of not less than 36,000 and not more than 38,000, that any person who fails to return real and personal property for taxes by the deadline shall be deemed to have returned said property at the pre ceding year's value; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
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JOURNAL OF THE SENATE,
HB 444. By Mr. Paris of the 14th:
A bill to amend an Act creating a board of commissioners for Barrow County, so as to change the provisions relating to the compensation of the clerk of the board of county commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton of the 95th and others:
A bill to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have certain additional members in certain municipalities; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 62. By Messrs. Burruss, McDaniell, Wilson, Kreeger, and others of the 117th: A resolution pertaining to Uniform Time; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
HR 74. By Mr. McCracken of the 36th:
A resolution authorizing conveyance of a certain tract of State-owned property (City of Louisville); and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
The following bills and resolutions were read the second time:
SB 150. By Senators Doss of the 52nd, Fincher of the 54th, Vann of the 10th and others:
A bill to amend Code Section 23-1704, relating to the bonds required of contractors contracting with the county, so as to provide that the re quirements of certain code sections shall not apply to the building or re pairing of any public bridge, building, or other work when the same can be done at less than $1,500; to repeal conflicting laws; and for other purposes.
SR 60. By Senator Riley of the 1st:
A resolution relative to a Foreign Trade Zone in the Port of Savannah, Georgia; and for other purposes.
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327
HB 391. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act creating a board of commissioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.
HB 393. By Mr. Lewis of the 37th: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Burke County, so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one addi tional deputy; and for other purposes.
HB 395. By Messrs. Atherton, Burruss, Wilson and others of the 117th: A bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide that the mayor shall be elected by a majority vote; and for other purposes.
HB 405. By Messrs. Kreeger, Housley, Atherton and others of the 117th: A bill to amend an Act creating a new charter for the City of Smyrna, so as to amend said charter in order to add a new section to said Charter to be known as Section 4(q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
HB 408. By Messrs. Bennett, Barfield and Reaves of the 71st: A bill to amend an Act relating to the Echols County Commissioners, so as to provide for compensation for each of the Echols County Com missioners and for the County Attorney at the rate of $75.00 per month; and for other purposes.
HB 411. By Messrs. Ballard of the 23rd, Vaughn of the 74th, Bell and Morris of the 73rd and others:
A bill to amend an Act relating to the Stone Mountain Judicial Circuit, so as to provide that the salary of the judges of the Superior Court shall be supplemented by payments to be made from the county treas uries of the various counties composing the Circuit; and for other purposes.
HB 417. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to change the qualifications for ordinaries in certain counties of this State; and for other purposes.
The following reports of standing committees were read by the secretary:
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Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 63. Do pasa. SB 117. Do pass. SB 124. Do pass. HB 34. Do pass. HB 167. Do pass as amended. HB 180. Do pass. HB 187. Do pass. HB 206. Do pass. HB 222. Do pass. HB 224. Do pass. HB 247. Do pass. HB 265. Do pass. HB 290. Do pass. HB 291. Do pass. HB 293. Do pass. HB 297. Do pass as amended. HB 298. Do pass. HB 299. Do pass. HB 300. Do pass. HB 302. Do pass. HB 309. Do pass. HB 310. Do pass. HB 311. Do pass. HB 312. Do pass. HB 313. Do pass. HB 314. Do pass. HB 315. Do pass. HB 316. Do pass.
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329
HB 325. Do pass.
HB 326. Do pass.
HB 340. Do pass.
HB 341. Do pass.
HB 364. Do pass.
HB 367. Do pass.
HB 368. Do pass.
HB 369. Do pass as amended.
HB 370. Do pass.
HB 371. Do pass.
HB 390. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under considera tion the following resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SR 51. Do pass.
SR 52. Do pass.
HR 45. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
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JOURNAL OF THE SENATE,
Senator Andrews of the 49th District, Chairman of the Committee on Edu cational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 84. Do not pass.
Respectfully submitted, Andrews of 49th District, Chairman.
Senator Holloway of the 12th 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 bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 18. Do pass by substitute.
SB 131. Do pass as amended.
SB 132. Do pass.
Respectfully submitted, Holloway of 12th District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, 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:
WEDNESDAY, FEBRUARY 19, 1969
331
HB 30. Do pass as amended.
HB 46. Do pass.
HB 113. Do pass.
HB 114. Do pass.
HB 115. Do pass.
HB 122. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Fincher of the 54th District, Chairman of the Committee on Tem perance, submitted the following report:
Mr. President:
Your Committee on Temperance 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 134. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following reso lution of the Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendation:
SR 37. Do pass as amended.
Respectfully submitted, Smith of 18th District, Vice Chairman.
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JOURNAL OF THE SENATE,
Scripture reading and prayer were offered by Dr. Robert Jackson, pastor, First Baptist Church, Dalton, Georgia.
Senator Searcey of the 2nd asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 74. By Messrs. Pickard, Buck, Jones of the 84th, Thompson of the 85th and Thompson of the 86th: A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to expand 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 86. By Senators Hensley of the 33rd and Searcey of the 2nd: A bill to amend the existing eminent domain procedures, so as to pro vide that condemnees may draw only seventy-five percent of awards when appealing the amount of such awards to a higher tribunal; and for other purposes.
The Committee on Highways offered the following amendment:
Amend SB 86 by adding to Section 13 thereof, after the words "Registry of the court pursuant" on the 5th line from the bottom of Page 4 of said Bill, the following language: "To the award of the special master be paid"; so that as amended Section 13 shall read as follows:
"Section 13. Upon the award of the special master being en-
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333
tered up as hereinbefore provided, and upon the same being pre sented to him, the judge of the superior court shall enter up a proper order and judgment of the court condemning the described property, or the easement or other interest therein sought to be condemned, in rem, and fee simple, to the use of the condemning body upon the payment into the registry of the court of the amount provided for in the award of the special master, provided that when the condemning body is the State of Georgia or any branch of government thereof, or any county or municipality thereof, and the property is sought to be condemned for public street and road purposes, the judges of the superior court shall order that only seventy-five percent of the amount paid into the registry of the court pursuant to the award of the special master be paid to the condemnee applying for payment thereof, the remaining twentyfive percent of said award to remain on deposit with the court until the time for appeal by either party or his representative has elapsed, as partial security for the repayment of any amount so received by such condemnee which may be in excess of the amount awarded by the jury upon trial of the appeal."
On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted.
Senator Bateman of the 27th offered the following amendment:
Amend SB 86 by adding in Section 1 36-602 at end of last sentence the following:
"The clerk of the court shall deposit this remaining twentyfive percent of the award at interest in a Federally insured bank or Federal savings and loan institution, such interest to be paid to the condemnee in the event that a jury awards an amount equal to or in excess of that awarded by Special Master, or to the condemnor in the event that the award is less than that awarded by Special Master."
On the adoption of the amendment, the ayes were 34, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to 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.
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JOURNAL OF THE SENATE,
HB 2. By Mr. Smith of the 3rd:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examina tion and autopsy, and complete post mortem examination and autopsy; and for other purposes.
The report 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 95. By Senator Chapman of the 32nd:
A bill to authorize and empower the State Department of Family and Children Services to reimburse the County Commissioners or the con stituted fiscal or financial agent of any county 100% of the adminis trative expenses incurred by an employee of the County Department of Family and Children Services who has been assigned full-time by the State Department of Family and Children Services to work in a State institution located in such county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 91. By Senators Fincher of the 51st and Chapman of the 32nd:
A bill to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, FEBRUARY 19, 1969
335
On the passage of the bill, the ayes were 40, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering1 a House amendment thereto:
SB 11. By Senator Smalley of the 28th:
A bill to amend an Act revising the adoption laws of Georgia, as amended, so as to provide for the rights and obligations existing be tween an adopted child and the child's natural mother or father, who is the spouse of the adopted person; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
The Committee on Special Judiciary moved to amend SB 11 by striking from the title the word "adopted" where it appears between the word "the" and the word "person" and inserting in lieu thereof the word "adopting".
Senator Smalley of the 28th moved that the Senate agree to the House amendment to SB 11.
On the motion, the ayes were 35, 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 passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 76. By Messrs. Murphy of the 19th, Lane of the 4th, and Paris of the 14th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appro-
336
JOURNAL OF THE SENATE,
priations heretofore or hereafter made for the operation of the agen cies of the State provided for herein and the purposes provided for herein; to repeal conflicting laws; and for other purposes.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills of the Senate, and has instructed me, as Chairman, to re port the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 90.
SB 92.
Respectfully submitted, Eldridge of the 7th District, Chairman.
The following resolution was read and adopted:
SR 61. By Senators Abney of the 53rd, Doss of the 52nd, Hensley of the 33rd, Chapman of the 32nd, Fincher of the 51st, Fincher of the 54th, Trippe of the 31st and Rowan of the 8th:
A resolution expressing regret at the passing of Mrs. Vivian Hawkins Davis; and for other purposes.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
THURSDAY, FEBRUARY 20, 1969
337
Senate Chamber, Atlanta, Georgia, Thursday, February 20, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning1, and was called to order by the president.
Senator Young of the 13th 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 Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Hobson Rice, and as the nurse of the day, Miss Marion Hale.
The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
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JOURNAL OF THE SENATE,
HB 275. By Messrs. Roach, Poole and Harris of the 10th:
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 clerk serving the office of the commissioner of roads and reve nues for Cherokee County; and for other purposes.
HB 351. By Messrs. Longino of the 98th, Ware, Mullinax, Potts and Blalock of the 30th:
A bill to amend an Act establishing a new charter for the City of Palmetto in Fulton and Coweta Counties, so as to provide that the Mayor appoint a recorder, to establish such recorder's powers and duties and to provide for a recorder's compensation; and for other purposes.
HB 379. By Mr. Bowen of the 47th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to change the compensation which may be paid to the deputy sheriff; and for other purposes.
HB 419. By Messrs. Phillips and Johnson of the 29th:
A bill to authorize the governing authorities of certain counties to make payments toward the cost of the office expenses of the Judges of certain Superior Courts; and for other purposes.
HB 420. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend the Act abolishing the mode of compensating the sheriff of Cook County known as the fee system, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.
HB 421. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary and the tax commissioner of Cook County from the fee system, so as to change the provisions relating to the compensation of said officers; and for other purposes.
HB 422. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to vest in the tax commissioner of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fa's, issued by such tax commissioners,
THURSDAY, FEBRUARY 20, 1969
339
to make levy of such fi. fa's., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.
HB 423. By Messrs. Matthews, Bostick and Pallin of the 63rd:
A bill to amend an Act creating a Board of Commissioners for Cook County, so as to change the compensation of the chairman and other members of said Board; and for other purposes.
HB 424. By Mr. Poole of the 10th:
A bill to authorize the creation of water, sewerage, garbage, gas or fire protection districts within Pickens County by the governing au thority of said county; and for other purposes.
HB 425. By Mr. Poole of the 10th:
A bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary; and for other purposes.
HB 427. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to change the procedure for the sale and disposition of property belonging to the City of Thomson; and for other purposes.
HB 430. By Messrs. Whaley of the 93rd, Jones of the 87th, Gignilliat of the 89th, Battle of the 90th, Hill of the 94th and Funk of the 92nd:
A bill to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to authorize the governing authority of Port Wentworth to sell that portion of a public street, known as Commonwealth Avenue and an unnamed street, which runs North west from Phillips Avenue to U.S. Coastal Highway 17, to any person, firm or corporation for such consideration as the governing authority shall deem best; and for other purposes.
HB 439. By Mr. Bray of the 31st:
A bill to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other pur poses.
340
JOURNAL OF THE SENATE,
HB 449. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A bill to amend an Act creating a new charter for the City of Macon, so as to authorize the City of Macon to convey to the First National Bank & Trust Company in Macon title in and to the air space above a certain tract of land; and for other purposes.
HB 450. By Messrs. Gunter and Moore of the 6th: A bill to authorize the governing authority of Habersham County to establish special fire protection districts throughout the county and to levy taxes upon the taxable property therein for the purposes of constructing, obtaining and maintaining fire protection facilities there for; and for other purposes.
HB 455. By Messrs. Lane of the 101st, Adams of the 100th, Hawes and Levitas of the 95th and Longino of the 98th: A bill to provide that owners of single family residential real property which is located within the corporate limits of two or more municipali ties and such municipalities are located within certain counties of this State shall have the right to select the municipality which shall annex their property under certain conditions; and for other purposes.
HB 462. By Messrs. Paris of the 14th, Barber of the 15th, Mauldin and Milford of the 12th: A bill to change the terms of the Superior Court of the Piedmont Judicial Circuit; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
HB 89. By Mr. Hale of the 1st:
A bill to amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to eliminate those provisions which prohibit her from binding her separate estate by a contract of suretyship, the assumption of the debts of her husband and the sale of her separate estate to creditors of her husband to extinguish his debt; and for other purposes.
HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st, Brown of the 110th, Lane of the 101st, Marcus of the 105th, Felton of the 95th and Mrs. Hamilton of the 112th: A bill to amend an Act providing for compulsory school attendance,
THURSDAY, FEBRUARY 20, 1969
341
so as to require children to enroll and attend a public or private school; and for other purposes.
HB 186. By Mr. Murphy of the 19th:
A bill to amend an Act establishing the "Employees' Retirement Sys tem of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the "Employees' Retirement System of Georgia", shall as a matter of right be entitled to continue his membership in said system; and for other purposes.
HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 49th, Levitas of the 77th, Parker of the 46th, Hawes of the 95th and Mrs. Hamilton of the 112th:
A bill to provide for the education and rehabilitation of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; and for other purposes.
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physi cally handicapped; and for other purposes.
HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for vocational schools; and for other purposes.
HB 385. By Messrs. Busbee of the 61st and Harris of the 77th:
A bill to provide that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authori ties; and for other purposes.
HR 143. By Messrs. Atherton, McDaniell, Burruss, Wilson, Kreeger and Henderson of the 117th:
A resolution proposing an amendment to the Constitution, so as to pro vide for the bonded indebtedness of the City of Marietta; and for other purposes.
342
JOURNAL OF THE SENATE,
The following bills were introduced, read the first time, and referred to committees:
SB 164. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and others:
A bill to amend Code Section 88-1719, relating to the registration of marriages and the disposition of applications for marriage licenses, so as to provide for additional copies of the application for a marriage license and the disposition thereof; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and others:
A bill to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation, so as to provide that any taxpayer of any county who returned or paid taxes in such county for the preceding tax year who fails to return his property for taxation shall be deemed to have returned for taxation the same property at the same valuation as was returned in the preceding tax year; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 166. By Senator Adams of the 26th:
A bill to amend Code Chapter 73-2, relating to the sale and inspection of petroleum products, so as to provide that all bulk storage facilities or terminals must maintain a prover system whereby accuracy of selfmeasuring meters may be calibrated; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
SB 167. By Senator Padgett of the 23rd:
A bill to amend an Act to create the State Board of Pardons and Paroles, so as to provide that the Chairman shall have exclusive and complete authority to establish and control the internal administrative affairs and procedures of the Board; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 168. By Senator Padgett of the 23rd: A bill to amend an Act to create the State Board of Pardons and
THURSDAY, FEBRUARY 20, 1969
343
Paroles, so as to provide that the members of the Board shall in certain cases record in writing the facts upon which a decision is based and the reasons of the individual members for their action; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 169. By Senator Padgett of the 23rd:
A bill to amend an Act to create the State Board of Pardons and Paroles, so as to provide that the Board shall in certain cases hold a hearing prior to the grant of pardon, parole, reprieve, or the grant of any other relief which could affect the service of a sentence; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 170. By Senator Padgett of the 23rd:
A bill to amend an Act to create the State Board of Pardons and Paroles, so as to provide for the suspension from office of members of the State Board of Pardons and Paroles; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 171. By Senator Padgett of the 23rd:
A bill to provide for inclusion in sentences in criminal cases a state ment of the duration of the defendant's incarceration prior to convic tion and a statement of the consideration given such incarceration by the trial judge in imposing sentence; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 172. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, so as to pro vide for classification and segregation of prisoners according to age, first offenders, habitual criminals and incorrigibles, diseased inmates, mentally diseased inmates, and those having infectious and incurable diseases; and for other purposes.
*
Referred to Committee on Penal and Correctional Affairs.
344
JOURNAL OF THE SENATE,
SB 173. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the Director of Corrections to permit certain prisoners to leave their places of confinement for limited social visits; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
SB 174. By Senator Padgett of the 23rd: A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the issuance of court orders requiring the production of prisoners seeking trials upon pending indictments; to repeal conflict ing laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
SB 175. By Senator Padgett of the 23rd: A bill to amend an Act to comprehensively revise the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that when certain prisoners are needed as witnesses or are desired as defendants in court, the judge of the court shall order the Board of Corrections to deliver the prisoner to the sheriff; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
SB 176. By Senator Maclntyre of the 40th: A bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 177. By Senator Johnson of the 38th: A bill to establish a minimum wage for persons employed in any do mestic capacity in certain counties of this State; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
The following bills and resolution were read the first time and referred to committees:
THURSDAY, FEBRUAEY 20, 1969
345
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appro priations heretofore or hereafter made for the operation of the agen cies of the State provided for herein and the purposes provided for herein; and for other purposes.
Referred to Committee on Appropriations.
HB 89. By Mr. Hale of the 1st:
A bill to amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to eliminate those provisions which prohibit her from binding her separate estate by a contract of suretyship, the assumption of the debts of her husband and the sale of her separate estate to creditors of her husband to extinguish his debt; and for other purposes.
Referred to Committee on Judiciary.
HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st and others:
A bill to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
Referred to Committee on Educational Matters.
HB 186. By Mr. Murphy of the 19th:
A bill to amend an Act establishing the "Employees' Retirement Sys tem of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the "Employees' Retirement System of Georgia", shall as a matter of right be entitled to continue his membership in said system; and for other purposes.
Referred to Committee on Retirement.
HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th and others:
A bill to provide for the education and rehabilitation of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; and for other purposes. Referred to Committee on Educational Matters.
346
JOURNAL OF THE SENATE,
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
Referred to Committee on Health and Welfare.
HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for vocational schools; and for other purposes.
Referred to Committee on Educational Matters.
HB 275. By Messrs. Roach, Poole and Harris of the 10th:
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 clerk serving the office of the commissioner of roads and revenue for Cherokee County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 351. By Messrs. Longino of the 9th, Ware, Mullinax and others of the 30th:
A bill to amend an Act establishing a new charter for the City of Palmetto in Fulton and Coweta Counties, so as to provide that the Mayor appoint a recorder, to establish such recorder's powers and duties and to provide for a recorder's compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 379. By Mr. Bowen of the 47th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to change the compensation which may be paid to the deputy sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 385. By Messrs. Busbee of the 61st and Harris of the 77th: A bill to provide that the Attorney General shall be vested with au-
THURSDAY, FEBRUARY 20, 1969
347
thority and jurisdiction in matters of law relating to State Authori ties; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 419. By Messrs. Phillips and Johnson of the 29th:
A bill to authorize the governing authorities of certain counties to make payments toward the cost of the office expenses of the Judges of certain Superior Courts; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 420. By Messrs. Matthews, Bostick and Fallin of the 63rd: A bill to amend an Act abolishing the mode of compensating the sheriff of Cook County known as the fee system, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 421. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary and the tax commissioner of Cook County from the fee system, so as to change the provisions relating to the compensation of said officers; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 422. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to vest in the tax commissioner of certain counties all the pow ers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 423. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend an Act creating a Board of Commissioners for Cook County, so as to change the compensation of the chairman and other members of said Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
348
JOURNAL OF THE SENATE,
HB 424. By Mr. Poole of the 10th:
A bill to authorize the creation of water, sewerage, garbage, gas or fire protection districts within Pickens County by the governing au thority of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 425. By Mr. Poole of the 10th:
A bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 427. By Messrs. Johnson and Phillips of the 29th: A bill to amend an Act creating a new charter for the City of Thom son, so as to change the procedure for the sale and disposition of property belonging to the City of Thomson; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 430. By Messrs. Whaley of the 93rd, Jones of the 87th, Gignilliat of the 89th and others: A bill to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to authorize the governing authority of Port Wentworth to sell that portion of a public street, known as Common wealth Avenue and an unnamed street, which runs Northwest from Phillips Avenue to U. S. Coastal Highway 17, to any person, firm, or corporation for such consideration as the government authority shall deem best; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 439. By Mr. Bray of the 31st:
A bill to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 449. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and others of the 81st and Miller of the 83rd:
A bill to amend an Act creating a new charter for the City of Macon,
THURSDAY, FEBRUARY 20, 1969
349
so as to authorize the City of Macon to convey to the First National Bank & Trust Company in Macon title in and to the air space above a certain tract of land; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 450. By Messrs. Gunter and Moore of the 6th: A bill to authorize the governing authority of Habersham County to establish special fire protection districts throughout the county and to levy taxes upon the taxable property therein for the purposes of constructing, obtaining and maintaining fire protection facilities there for; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 455. By Messrs. Lane of the 101st, Adams of the 100th, Hawes of the 95th and others: A bill to provide that owners of single family residential real property which is located within the corporate limits of two or more municipali ties and such municipalities are located within certain counties of this State shall have the right to select the municipality which shall annex their property under certain conditions; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 462. By Messrs. Paris of the 14th, Barber of the 15th, Mauldin and Milford of the 12th: A bill to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 143. By Messrs. Atherton, McDaniell, Burruss and others of the 117th: A resolution proposing an amendment to the Constitution so as to pro vide for the bonded indebtedness of the City of Marietta; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions were read the second time:
SB 151. By Senator Stephens of the 36th: A bill to amend Section 30-105, of the Georgia Code of 1933, so as to prohibit use of the rule nisi in any divorce action; to repeal conflict ing laws; and for other purposes.
350
JOURNAL OP THE SENATE,
SB 152. By Senator Stephens of the 36th:
A bill to amend Title 30 of the Georgia Code, relating to divorce and alimony, as amended, so as to provide that all court costs and certain attorney fees shall be paid by the party adjudged to be at fault in each proceeding brought by virtue of the rights and remedies provided for in said Code Title, to repeal conflicting laws; and for other pur poses.
SB 153. By Senator Stephens of the 36th:
A bill to amend Section 30-102 of the Georgia Code, relating to grounds for total divorce, so as to provide for divorce by mutual consent with out the necessity of charging or proving fault in certain cases; to repeal conflicting laws; and for other purposes.
SB 154. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the City Court of Claxton, so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 155. By Senator Holley of the 22nd:
A bill to amend Code Section 13-2013, relating to the limit a bank is allowed to lend to any one person, firm or corporation, so as to re move the limitation on the sale of federal or correspondent funds to qualified depositories; to provide for an effective date; to repeal con flicting laws; and for other purposes.
SB 156. By Senator Holley of the 22nd:
A bill to amend Code Section 109A-4-213, relating to the time when an item is finally paid by a payor bank, so as to clarify when an item making a provisional settlement is finally paid; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 157. By Senator Holley of the 22nd:
A bill to amend Code Section 13-912, relating to common stock, pre ferred stock, capital stock, capital, and stock options, so as to provide for an increase in the common stock of a bank in the category of authorized but unissued stock; and for other purposes.
SB 158. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful to sell, offer or advertise for sale, lend, give away, show, transmit or distribute lewd or obscene
THURSDAY, FEBRUARY 20, 1969
351
books and other materials depicting nudity or sexual conduct; to prohibit the sale or other distribution of lewd and obscene materials to persons under eighteen years of age; and for other purposes.
SB 159. By Senator Kidd of the 25th:
A bill to amend Code Section 59-105, relating to the compensation of commissioners and clerk for revising jury lists, so as to change the compensation which may be paid to said commissioners and clerk; to repeal conflicting laws; and for other purposes.
SB 160. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A bill to amend an Act providing for grants to certain municipalities of this State for the purpose of aiding in the construction and main tenance of streets and for aiding in defraying the cost of providing personnel and equipment for traffic control, so as to define the mean ing of the word "population" as used in this Act; and for other purposes.
SB 161. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purpose, so as to define the meaning of the word "population" as used in this Act; to repeal conflicting laws; and for other purposes.
SB 162. By Senators Maclntyre of the 40th and Garrard of the 37th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to indicate which public bodies said Authority may contract with pertaining to its purposes; and for other purposes.
SB 163. By Senator Searcey of the 2nd:
A bill to repeal an Act creating the Georgia Educational Improvement Council, so as to abolish the Georgia Educational Improvement Coun cil; to repeal conflicting laws; and for other purposes.
SR 62. By Senator Abney of the 53rd:
A resolution requesting the Governor to designate one day in each year as the "Annual Old-Timers' Day"; and for other purposes.
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JOURNAL OF THE SENATE,
HB 45. By Messrs. Matthews of the 63rd, Black of the 45th, Collins of the 62nd and others:
A bill to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for certain inspections of fertilizer; and for other purposes.
HB 118. By Mr. Vaughn of the 74th:
A bill to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Depart ment in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.
HB 119. By Mr. Vaughn of the 74th: A bill to amend Section 91-104, Code of Georgia of 1933, relating1 to the legal and beneficial ownership by the State of the property of the Highway Department, so as to provide that the proceeds of the man agement of property acquired for future highway purposes are re tained by the Highway Department; and for other purposes.
HB 120. By Mr. Vaughn of the 74th: A bill to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and non-profit organizations displaced as a result of roads, streets and highways constructed in Georgia with any federal-aid funds available under Sections 106 or 117, Title 23, United States Code, etc.; and for other purposes.
HB 121. By Mr. Vaughn of the 74th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.
HB 202. By Mr. Alexander of the 108th:
A bill to amend Code Section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, so as to pro vide for informing the parties of the decision of the State Board of Education upon appeal thereto; and for other purposes.
HB 203. By Messrs. Parker and Nessmith of the 44th, Barber of the 15th and others: A bill to amend an Act known as the "Minimum Foundation Program
THURSDAY, FEBRUARY 20, 1969
353
of Education Act", so as to provide that the State-wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in determining local units of administrations' share of the cost of supporting the Minimum Founda tion Program of Education; and for other purposes.
HB 217. By Messrs. Cato of the 68th, Gunter of the 6th, Maxwell of the 78th and others:
A bill to amend Code Section 24-2727, relating to the fees of clerks of the superior courts, as amended, so as to change the fees of certain clerks for recording liens, mortgages and deeds; and for other purposes.
HB 289. By Mr. Felton of the 95th: A bill to attract investment capital and to promote the growth of industry in Georgia by permitting borrowers to contract and act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $100,000 or more, whether originally or by renewal or extension; and for other purposes.
HB 303. By Mr. Hale of the 1st: A bill to abolish the right of dower; to repeal Title 31 of the Code of Georgia, relating to dower; and for other purposes.
HB 378. By Messrs. Henderson of the 117th, Gunter of the 6th, Thompson of the 86th and others: A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to prohibit certain activities relating to the use of credit cards; and for other purposes.
HB 431. By Messrs. Melton and Brown of the 32nd: A bill creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.
HB 434. By Messrs. Bohannon and Patterson of the 20th: A bill to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, providing that in counties having a population of not less than 36,000 and not more than 38,000, that any . person who fails to return real and personal property for taxes by the deadline shall be deemed to have returned said property at the pre ceding years' value; and for other purposes.
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JOURNAL OF THE SENATE,
HB 444. By Mr. Paris of the 14th:
A bill to amend an Act creating a board of commissioners for Barrow County, so as to change the provisions relating to the compensation of the clerk of the board of county commissioners; and for other purposes.
HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton of the 95th and others:
A bill to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have cer tain additional members in certain municipalities; and for other pur poses.
HR 62. By Messrs. Burruss, McDaniell, Wilson, Kreeger, and others of the 117th:
A resolution pertaining to Uniform Time; and for other purposes.
HR 74. By Mr. McCracken of the 36th:
A resolution authorizing conveyance of a certain tract of State-owned property (City of Louisville); and for other purposes.
The following reports of standing committees were read by the secretary:
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 107. Do pass.
SB 110. Do pass.
SB 111. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.
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355
Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 116. Do pass. HB 83. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Smith of the 18th 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 bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 127. Do pass as amended. SB 128. Do pass as amended. SB 130. Do pass as amended. SB 160. Do pass as amended. SB 161. Do pass as amended. HB 39. Do pass as amended. HB 258. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
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JOURNAL OP THE SENATE,
The following local, uncoritested bills, favorably reported by the commit tees, were read the third time, and put upon their passage:
SB 63. By Senators Coggin of the 35th, Johnson of the 38th, Stephens of the 36th, Hardy of the 56th and others:
A bill to amend an Act incorporating Union City, approved August 17, 1908, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 117. By Senator Kennedy of the 4th: A bill to amend an Act authorizing Evans County to pay the ordinary of said county a monthly allowance in addition to fees and compensa tion now allowed by law, approved February 27, 1947, (Ga. L. 1947, p. 208), as amended, so as to change the amount of said monthly allowance; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 124. By Senator Reynolds of the 48th: A bill to amend an Act creating a new charter for the City of Lawrenceville, approved August 19, 1912, (Ga. L. 1912, p. 1043), as amended, so as to provide that the mayor and councilmen shall be elected by a majority vote; to provide for a runoff election; to provide an effective date; to repeal conflicting laws; and for other purposes.
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357
The report of the committee, which was favorable to the passage of the billj 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 167. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to change the provisions relat ing to the comptroller; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 167 by inserting between the word "purposes" and the word "to" the following:
"to provide for the budgeting and expenditure of certain funds for the purpose of promoting Clayton County;";
By adding at the end of quoted Section 17 of Section 4 the fol lowing :
"The board may budget 20 percent (20%) of the fees col lected for business licenses up to a maximum of $20,000.00 and such funds may be expended by the board for the purpose of promoting Clayton County."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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JOURNAL OP THE SENATE,
KB 34. By Mr. Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Habersham County, so as to provide for countywide voting by the voters when electing said commissioners; to change the compensation of said commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 180. By Messrs. Cole and Leonard of the 3rd:
A bill to amend an Act amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to define the term "orphan"; and for other purposes.
The report 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 187. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton of the 95th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to wards; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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359
HB 206. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act creating a Board of Commissioners of Turner County, so as to change the compensation of the chairman and other 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 222. By Mr. Sorrells of the 24th: A bill to provide a new charter for the Town of Walnut Grove; and for other purposes.
The report 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 224. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th: A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 247. By Messrs. Dorminy of the 48th and Hudson of the 48th:
A bill to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the reimbursement of the sheriff for expenses incurred while on official business outside of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 265. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 291. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A bill to amend an Act creating a new charter for the City of Albany, so as to separate the offices of City Clerk and City Treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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361
HB 293. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act incorporating the Town of Forest Park (now City of Forest Park), 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 298. By Messrs. Rush and Salem of the 51st: A bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to provide for the com pensation 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 297. By Messrs. Rush and Salem of the 51st: A bill to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 297 by striking from Section 1 wherever the same shall appear the figure "$3,500.00" and inserting in lieu thereof the figure "$2,500.00".
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JOURNAL OF THE SENATE,
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 299. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 300. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of said clerk and of his employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 20, 1969
363
HB 302. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa (now the Commissioner of Catoosa County), so as to change the compensation of said commis sioner and the clerical assistant 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 309. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the mode of compensating the clerk of the Superior Court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the amount of compensation that may be paid to the deputy clerk or cleri cal assistants; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 310. By Mr. Dailey of the 53rd: A bill to amend an Act placing the Ordinary of Randolph County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 311. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the sheriff and 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 312. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend the charter of the City of Montezurna, so as to change the date for the holding of elections; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 313. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and City Court Clerk in the County of Sumter and providing a salary system in lieu thereof, so as to change the compensation of said clerk and one of his clerks; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 20, 1969
365
HB 314. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Schley County, so as to change the compensation 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 315. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a City Court of Oglethorpe in the County of Macon, so as to change the compensation of the solicitor of the City Court of Oglethorpe; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 316. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a City Court of Oglethorpe in the County of Macon, so as to change the compensation of the Judge of the City Court of Oglethorpe; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
366
JOURNAL OF THE SENATE,
HB 325. By Messrs. Moore and Gunter of the 6th:
A bill to amend Code Section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corporations, so as to provide that such limitations shall not apply to the City of Toccoa; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 326. By Messrs. Moore and Gunter of the 6th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenue in the County of Stephens, so as to provide for an addi tional meeting date each month; to change the compensation of said commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 340. By Mr. Paris of the 14th:
A bill to amend an Act providing a new charter for the City of Statham, so as to authorize the proper officials of the City of Statham to vacate and convey a specifically described piece of real property on 4th Street in exchange for certain specifically described property in order to extend Railroad Street; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
THURSDAY, FEBRUARY 20, 1969
367
The bill, having received the requisite constitutional majority, was passed.
HB 341. By Mr. Paris of the 14th:
A bill to amend an Act providing a new Charter for the City of Statham, so as to provide that the corporate powers of the city, to be exercised by the City Council, shall include the power to vacate and relocate public ways and streets by ordinance or resolution; and for other purposes.
The report 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. Kush and Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County, so as to change the salary of the sheriff, his two deputies and to increase the allowance for jail means; and for other purposes.
The report 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 367. By Messrs. Williams, Cooper and Wood of the llth:
A bill to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of 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.
368
JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 368. By Messrs. Williams, Cooper and Wood of the llth: A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Forsyth County, so as to change the provisions relating to the compensation of the said county officials; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 369. By Mr. Phillips of the 50th: A bill to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 369 by adding in the title after the following: "(Ga. Laws 1919, p. 519),", the following: "as amended,",
and By adding in Section 1 after the following: "(Ga. Laws 1919, p. 519),",
the following: "as amended,".
THURSDAY, FEBRUARY 20, 1969
369
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 370. By Mr. Phillips of the 50th: A bill to amend an Act creating a new Charter for the City of Mount Vernon, Montgomery County, so as to change the term of office of the Mayor and Councilmen; to provide that no Councilman shall be eligible to run for Mayor unless he resigns as a Councilman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 371. By Mr. Brantley of the 52nd: A bill to amend an Act providing a new charter for the City of Metter, so as to change the corporate limits of said city; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
370
JOURNAL OP THE SENATE,
HB 390. By Messrs. Henderson, Kreeger, Wilson, Atherton, McDaniell and Burruss of the 117th:
A bill to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500.00; 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Andrews of the 49th moved that the following bills of the House be immediately transmitted to the House:
HB 367. By Messrs. Williams, Cooper and Wood of the llth:
A bill to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman of the Board; and for other purposes.
HB 368. By Messrs. Williams, Cooper and Wood of the llth:
A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Forsyth County, so as to change the provisions relating to the compensation of the said county officials; and for other purposes.
On the motion, the ayes were 31, nays 0, and the motion prevailed.
Senator Trippe of the 31st moved that the following bill of the House be immediately transmitted to the House:
HB 390. By Messrs. Henderson, Kreeger, Wilson, Atherton, McDaniell and Burruss of the 117th:
A bill to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500.00; and for other purposes.
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371
On the motion, the ayes were 36, nays 0, and the motion prevailed.
Scripture reading and prayer were offered by Dr. J. R. Richardson, pastor, Westminister Presbyterian Church, Atlanta, Georgia.
The roll was called, and the following senators answered to their names:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun Brown Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd, London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
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 bill of the Senate, to-wit:
SB 112. By Senator London of the 50th:
A bill to be entitled an Act to create a Board of Commissioners of Rabun County; to name the initial commissioners; to provide for audits and publications thereof; to repeal specific laws; to repeal con flicting laws; and for other purposes.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
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JOURNAL OF THE SENATE,
SB 134. By Senators Searcey of the 2nd, Fincher of the 54th, Zipperer of the 3rd and many others:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved Feb. 3, 1938, (Ga. L. 1937-38 Ex. Sess., p. 103), as amended, so as to provide for restrictions and exemptions on the number of retail licenses issued by municipal and county authorities and as to the location of the busi nesses for which such licenses are issued; and for other purposes.
Senator Broun of the 46th moved that SB 134 be recommitted to the Com mittee on Temperance.
On the motion the ayes were 26, nays 10.
The motion prevailed, and SB 134 was recommitted to the Committee on Temperance.
HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th and others: A bill to amend an Act to fix the salaries of the Judges of the Superior Courts; and for other purposes.
Senator Adams of the 26th moved that HB 122 be postponed until February 28th.
On the motion, the ayes were 14, nays 29, and the motion was lost.
Senator Miller of the 43rd offered the following amendment:
Amend HB 122 by deleting in their entirety Sections (2) and (3) and also amend caption to conform to these amendments and renumber Section 4 accordingly.
On the adoption of the amendment, the ayes were 16, nays 31, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, FEBRUARY 20, 1969
373
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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun Brown Carter Coggin Cox Doss Eldridge Fincher of 51st Fincher of 54th Gillis Hardy
Holley Holloway Hudgins Jackson Kennedy Kidd London Maclntyre McGill
Noble Padgett Pennington Plunkett Reynolds Riley
Rowan
Scott Searcey Smalley Smith of 18th Spinks Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
Those voting the negative were Senators:
Chapman Dean Garrard
Hensley Miller Reeder
Smith of 34th Starr
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 46, nays 8.
The bill, having received the requisite constitutional majority, was passed.
SB 26. By Senator Jackson of the 16th:
A bill to amend 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. L. 1957, p. 205), as amended, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Ap peals; to provide effective dates; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
The Committee on Judiciary offered the following amendment:
Amend SB 26 by striking from Section 1 the following sentence:
"Effective July 1, 1970, the annual salary of each Justice of the Supreme Court shall be and the same is hereby fixed in the sum of $34,000.00."
And by striking from Section 2 the following sentence:
"Effective July 1, 1970, the annual salary of each Judge of the Court of Appeals shall be, and the same is hereby fixed in the sum of $34,000.00."
On the adoption of the amendment, the ayes were 32, 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, 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:
Adams of 5th Adams of 26th Andrews Brown Carter Coggin Cox Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hill Holley Hudgins Jackson Johnson Kennedy Kidd Maclntyre Padgett Plunkett Reynolds Riley
Scott Searcey Smalley Smith of 18th Stephens Trippe Vann Walling Ward Webb Zipperer
Those voting in the negative were Senators:
Abney Bateman
Chapman Dean
Doss Eldridge
THURSDAY, FEBRUARY 20, 1969
375
Hensley Miller Pennington
Reeder Rowan Smith of 34th
Starr Young
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 35, nays 14.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Johnson of the 38th asked unanimous consent to be allowed to cast his vote in the affirmative on the following bill of the House, previously passed by roll call:
HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th and others:
A bill to amend an Act to fix the salaries of the Judges of the Superior Courts; and for other purposes.
The Chair stated that since other business had transpired, and the vote had been announced, unanimous consent would be out of order.
Senator Smalley of the 28th moved that the rule be suspended to allow Senator Johnson of the 38th to cast his vote on HB 122.
The Chair announced that the Journal would show that Senator Johnson of the 38th stated that had he been present and voting, he would have voted aye on HB 122.
SB 131. By Senators Stephens of the 36th, Hardy of the 56th, Chapman of the 32nd, Garrard of the 37th and Dean of the 6th: A bill to require the employer of any laborer (who is paid on an hourly basis) and who fires or involuntarily dismisses or separates such laborer from employment to pay said laborer all sums due to him for services rendered, within three calendar days of the date such laborer is fired, involuntarily dismissed or separated; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
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JOURNAL OF THE SENATE,
Amend SB 131 as follows:
In the caption wherein the word "three" appears in line four, same shall be changed to "seven".
In Section 1, line four wherein the word "three" appears, same shall be changed to "seven".
In Section 1, line 2, by adding a comma after the words "fires" and eliminating the two words "or involuntarily".
On the adoption of the amendment, the ayes were 32, 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 132. By Senators Stephens of the 36th, Garrard of the 37th, Hardy of the 56th, Chapman of the 32nd and Johnson of the 38th:
A bill to provide that no person, firm or corporation shall employ or use any juvenile for the purposes of soliciting money or objects of value from (or other objects to) any person unless said person, firm or cor poration shall have first filed with the county or municipal law enforce ment officials a letter containing certain information; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend SB 132 by adding to Section 1 a subparagraph designated as subparagraph (2), to-wit:
(2) "juvenile" is any person under 17 years of age.
On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.
THURSDAY, FEBRUARY 20, 1969
377
Senator Noble of the 19th offered the following amendment:
Amend SB 132 by adding a new section to be designated Section 7:
"Section 7. The governing authority of any county or munici pality may exempt itself from the provisions of this act by appro priate ordinance or resolution."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 36, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
SR 37. By Senator Carter of the 14th:
A resolution creating the Providence Canyon Study Committee; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SR 37 by adding a sentence at the end of the resolution to read as follows:
"The Committee shall be authorized to meet not more than ten (10) days."
On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the ayes were 43, nays 0.
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JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 30. By Mr. Levitas of the 77th:
A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 30 by striking in Section 1 the quoted paragraph after the phrase "and inserting in lieu thereof the following:" and before the phrase "so that when so amended the first paragraph of Section 8 shall read as follows:" and by substituting in lieu thereof the following:
"There shall be in addition, two members of the Senate, prefer ably lawyers, appointed by the President of the Senate; two mem bers of the House, preferably lawyers, appointed by the Speaker of of the House; the deans of the law schools at The University of Georgia, Mercer University and Emory University; and, ex-officio, the President of the State Bar of Georgia, so that the total mem bership of the Code Revision Council shall number twelve persons."
And by striking in Section 1 all after the phrase "so that when so amended the first paragraph of Section 8 shall read as follows:" and by substituting in lieu thereof the following:
"Section 8. In aid of the Legislative Services Committee and its responsibility to provide for the codification of the laws of this State, as provided in Section 2, there is hereby created an adjunct of said Legislative Services Committee to be known as the 'Code Revision Council'. Its membership shall be the Chairman of the Ju diciary Committee of the Senate, the Chairman of the Judiciary Committee of the House, (both as members of the Legislative Ser vices Committee), one additional Senate member of the Legislative Services Committee, preferably a lawyer, appointed by the President of the Senate, and one additional House member of the Legislative Services Committee, preferably a lawyer, appointed by the Speaker of the House, making a total of four members of the Legislative Services Committee on the Code Revision Council. There shall be in addition, two members of the Senate, preferably lawyers, ap pointed by the President of the Senate; two members of the House, preferably lawyers, appointed by the Speaker of the House; the deans of the law schools at The University of Georgia, Mercer University and Emory University; and, ex-officio, the President of the State Bar of Georgia, so that the total membership of the Code Revision Council shall number twelve persons. In each even-num bered year the Chairman of the Judiciary Committee of the Sen ate shall serve as Chairman of the Council, and the Chairman of the Judiciary Committee of the House shall serve as Vice-Chairman
THURSDAY, FEBRUARY 20, 1969
379
of the Council, and in odd-numbered years the Chairman of the Ju diciary Committee of the House shall serve as Chairman of the Council, and the Chairman of the Judiciary Committee of the Senate shall serve as Vice-Chairman of the Council. The Legislative Coun sel shall serve as the Secretary of the Council. The legislatormembers of the Council shall receive no additional compensation, per diem, expenses or allowances for service on the Council during sessions of the General Assembly, but for each day spent in the performance of their duties hereunder between sessions such legis lator-members, and the other members of the Council as well shall receive the compensation, per diem, expenses and allowances au thorized for interim legislative committees, upon certification there of by the Chairman of the Legislative Services Committee to the State Treasurer."
On the adoption of the amendment, the ayes were 33, nays 3, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 30, nays 8.
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 adopted the following resolution of the House, to-wit:
HR 192. By Messrs. Smith of the 43rd and Busbee of the 61st: A resolution relative to adjournment; and for other purposes.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined
380
JOURNAL OF THE SENATE,
the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 86.
SB 91.
SB 95.
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 112. Respectfully submitted, Eldridge of the 7th District, Chairman.
The following resolution was read:
HR 192. By Messrs. Smith of the 43rd and Busbee of the 61st: A resolution relative to adjournment; and for other purposes.
Senator Coggin of the 35th offered the following amendment: Amend HR 192 by striking the figure and words "12:00 o'clock
noon" where they appear on line 3 of the resolution; and inserting in lieu thereof the figure and letters: "2:00 p.m."
On the adoption of the amendment, the ayes were 32, nays 0, and the amendhient was adopted.
THURSDAY, FEBRUARY 20, 1969
381
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Johnson of the 38th moved that the following bill of the House be immediately transmitted to the House:
HB 187. By Mrs. Hamilton of the 112th, Messrs, Brown of the 110th, Horton of the 95th, Marcus of the 105th, Gates of the 95th, Hood of the 99th and others: A bill to amend an Act establishing a new charter for the City of At lanta, relating to wards; and for other purposes.
On the motion, the ayes were 32, nays 0, and the motion prevailed.
Senator Andrews of the 49th moved that the Senate recall the following bill of the House for further consideration:
HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th, Edwards and Black of the 45th, Mauldin of the 12th, Peterson of the 41st, Nessmith of the 44th, Rush of the 51st and others: A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitu tion of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.
The Chair ruled that the motion was out of order, further stating that HB 12 was passed on a previous legislative day, that the Journal of that day had been confirmed, and that the bill was not in the possession of the Senate for further consideration.
SB 18. By Senators Kidd of the 25th, Hill of the 29th, Johnson of the 38th and others: A bill relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to repeal conflicting laws; to repeal specific laws; to provide an effective date; and for other purposes.
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JOURNAL OF THE SENATE,
Senator Coggin of the 35th moved that action on SB 18 be postponed until tomorrow.
On the motion, the ayes were 37, nays 0, and the motion prevailed.
Senator Starr of the 44th gave notice that at the proper time he would move that the Senate reconsider its action in passing the following bill of the House:
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to change the provisions re lating to the comptroller; and for other purposes.
Senator Bateman of the 27th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 9:30 o'clock.
FRIDAY, FEBRUARY 21, 1969
383
Senate Chamber, Atlanta, Georgia, Friday, February 21, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Young of the 13th reported that the journal of yesterday's pro ceedings had been read and found correct.
Senator Starr of the 44th moved that the Senate reconsider its action of yesterday in passing the following bill of the House:
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to change the provisions relat ing to the comptroller; and for other purposes.
On the motion to reconsider, the ayes were 29, nays 0.
The motion prevailed, and HB 167 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Searcey of the 2nd 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
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JOURNAL OP THE SENATE,
The consent was granted.
The president announced as the doctor of the day, Dr. John Ridley, and as the nurse of the day, Mrs. Durice Hanson.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
HB 49. By Mr. Alexander of the 108th: A bill to amend an Act establishing a new charter for the City of At lanta, relating to the Ombudsman Chapter; and for other purposes.
HB 135. By Mr. Rowland of the 42nd: 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, buildings, furniture and equipment therefor, for repairs and alterations; and for other purposes.
HB 136. By Mr. Rowland of the 42nd: A bill amending an Act approved March 29, 1937, known as the "Un employment Compensation Law" (now the "Employment Security Law"), so as to extend the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.
HB 138. By Messrs. Peterson and Nunn of the 41st: A bill to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to be composed of the County of Houston; and for other purposes.
HB 160. By Mr. Miller of the 83rd: A bill to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to
FRIDAY, FEBRUARY 21, 1969
385
change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.
HB 218. By Mr. Williams of the llth:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Deparment of Public Safety to make necessary rules and regulations for the administration and enforcement of the motor vehicle inspection program, etc.; and for other purposes.
HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.
HB 333. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th: A bill to amend an Act exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.
HB 384. By Messrs. Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Hill of the 94th, Gignilliat of the 89th, Battle of the 90th, Ellis of the 91st: A bill to amend an Act incorporating the Town of Vernonburg, so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto; and for other purposes.
HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st: A bill to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motor cycles; to provide that certain protective headgear and eye-protective devices must be worn by persons riding upon motorcycles; and for other purposes.
HB 418. By Messrs. Ballard of the 23rd, Sorrells of the 24th, Farmer and Matthews of the 16th, Brooks of the 17th, Dorminy of the 48th, Grahl of the 40th and Rainey of the 47th: A bill to amend an Act providing for issuing special license tags to
386
JOURNAL OF THE SENATE,
motor vehicle owners who operate citizens' band radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.
HB 447. By Messrs. Bostick of the 63rd, Rowland of the 42nd and Lee of the 21st:
A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other purposes.
HR 90. By Mr. Colwell of the 5th:
A resolution designating a certain highway in Union and White Coun ties, Georgia, as the Richard B. Russell Scenic Highway; and for other purposes.
HB 51. By Mr. Paris of the 14th:
A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
HB 286. By Mr. Harrison of the 66th: A bill to amend an Act entitled "An Act to amend and revise the adop tion laws now set forth in Chapter 73-4 of the Code of 1933", so as to provide for a method of service of adoption proceedings upon parents who abandon the child to be adopted; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 90. By Messrs. Hale of the 1st and Harris of the 77th: A bill to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
The following bills and resolution were introduced, read the first time, and referred to committees:
SB 178. By Senator Chapman of the 32nd: A bill to amend an Act providing for the licensing of practical nurses,
FRIDAY, FEBRUARY 21, 1969
387
so as to provide that applicants for a license to practice as a practical nurse need not be a citizen of the United States; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.
SB 179. By Senators Chapman of the 32nd, Hardy of the 56th and Fincher of the 54th:
A bill to provide for the necessary consents for the treatment of minors for venereal disease; to repeal conflict herewith; and for other purposes.
Referred to Committee on Health and Welfare.
SB 180. By Senators Bateman of the 27th, Garrard of the 37th, London of the 50th and others:
A bill to amend an Act relating1 to the exemption of property from taxation, so as to exempt from taxation all apartment projects for per sons age 62 or over and who have annual incomes of $4,000 or less, which are owned by religious groups and which were financed by Federal loan funds pursuant to Section 202 of the Federal Housing Act; and for other purposes.
Referred to Committee on Banking and Finance.
SB 181. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for a person to force his lessee, agent or franchise dealer to purchase game promotions; and for other purposes.
Referred to Committee on Industry and Labor.
SB 182. By Senator Trippe of the 31st:
A bill to amend an Act entitled "An Act to authorize the investment from time to time of the proceeds of bonds issued by any county, etc.; to define the securities in which such funds may be invested; etc." so as to authorize the investment of bond proceeds in additional types of in vestments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 183. By Senator Webb of the llth:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that local units of school admin istration may obtain competitive bids from vendors on such standard items of school equipment, supplies, services or expenses, and may pur-
388
JOURNAL OP THE SENATE,
chase such items from the vendor submitting the best bid therefor to the local unit only if the bid price of such vendor is less than the State bid price on such items; and for other purposes.
Referred to Committee on Educational Matters.
SB 184. By Senator Trippe of the 31st: A bill to amend Code Section 108-417, relating to investments by trus tees, so as to provide for the investment of trust funds by trustees and for matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 185. By Senator Kidd of the 25th: A bill to provide preference for certain veterans in any civil service program established in the State government or any political subdivision thereof; to provide the procedure connected therewith; to defined "armed conflict"; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
SB 186. By Senator Starr of the 44th: A bill to amend Code Chapter 36-3, relating to notice and payment of compensation for taking or damaging private property, so as to provide for a right of action by the owner of private property taken or damaged without compensation or condemnation proceedings; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 187. By Senator Walling of the 42nd: A bill to provide for an advisory referendum election to be held in DeKalb County, Ga., for the purpose of ascertaining whether the county manager form of county government is desired by the people of such county; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 188. By Senator Zipperer of the 3rd: A bill to amend an Act creating a new charter for the City of Guyton, and amendatory Acts thereto, providing for the qualifications of Mayor and fixing the salary of City officials, to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
FRIDAY, FEBRUARY 21, 1969
389
SB 189. By Senators Walling of the 42nd, Plunkett of the 30th and Bateman of the 27th:
A bill to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State Highway Dept., to provide for the negotiation of contracts by the State Highway Director and/or the State Highway Dept., with incorporated municipalities; to repeal con flicting laws; and for other purposes.
Referred to Committee on Highways.
SB 190. By Senator Holley of the 22nd: A bill to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for the conversion of a regulated certificated bank into a State chartered bank; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SR 67. By Senators Starr of the 44th and Coggin of the 35th: A resolution requesting that the Civil Aeronautics Board award to a Georgia based carrier, and/or a carrier presently serving Atlanta, with applications now pending, the certification to operate between Atlanta, Georgia, and Hawaii, and beyond.
Referred to Committee on Rules.
The following bills and resolution were read the first time and referred to committees:
HB 49. By Mr. Alexander of the 108th: A bill to amend an Act establishing a new charter for the City of At lanta, relating to the Ombudsman Chapter; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 51. By Mr. Paris of the 14th: A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
Referred to Committee on Industry and Labor.
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JOURNAL OF THE SENATE,
HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough and others of the 81st:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 135. By Mr. Rowland of the 42nd:
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, buildings,
furniture and equipment therefor, for repairs and alterations; and for
other purposes.
Referred to Committee on Appropriations.
HB 136. By Mr. Rowland of the 42nd:
A bill to amend an Act approved March 29, 1937, known as the "Unem
ployment Compensation Law" (now the "Employment Security Law"),
so as to extend the time for the expenditure of moneys paid into the
,
Unemployment Compensation Fund pursuant to Section 903 of the
Federal Social Security Act; and for other purposes.
Referred to Committee on Industry and Labor.
HB 138. By Messrs. Peterson and Nunn of the 41st:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to be composed of the County of Houston; and for other purposes.
Referred to Committee on Judiciary.
HB 160. By Mr. Miller of the 83rd:
A bill to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 218. By Mr. Williams of the llth: A bill to amend an Act entitled "Uniform Act Regulating Traffic on
FRIDAY, FEBRUARY 21, 1969
391
Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regulations for the administration and enforcement of the motor vehicle inspection program, etc.; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 286. By Mr. Harrison of the 66th:
A bill to amend an Act entitled "An Act to amend and revise the adop tion laws now set forth in Chapter 73-4 of the Code of 1933", so as to provide for a method of service of adoption proceedings upon parents who abandon the child to be adopted; and for other purposes.
Referred to Committee on Judiciary.
HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Com missioner to maintain a record of notices of liens on titled motor ve hicles; and for other purposes.
Referred to Committee on Banking and Finance.
HB 333. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A bill to amend an Act exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.
Referred to Committee on Banking and Finance.
HB 384. By Messrs. Jones of the 87th, Funk of the 92nd, Whaley of the 93rd and others:
A bill to amend an Act incorporating the Town of Vernonburg, so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st:
A bill to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motor cycles; to provide that certain protective headgear and eye-protective
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devices must be worn by persons riding upon motorcycles; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 418. By Messrs. Ballard of the 23rd, Sorrells of the 24th, Farmer of the 16th and others:
A bill to amend an Act providing for issuing special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 447. By Messrs. Bostick of the 63rd, Rowland of the 42nd and Lee of the 21st:
A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other purposes.
Referred to Committee on Industry and Labor.
HR 90. By Mr. Colwell of the 5th:
A resolution designating a certain highway in Union and White Coun ties, Georgia, as the Richard B. Russell Scenic Highway; and for other purposes.
Referred to Committee on Highways.
The following bills and resolution were read the second time:
SB 164. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and others:
A bill to amend Code Section 88-1719, relating to the registration of marriages and the disposition of applications for marriage licenses, so as to provide for additional copies of the application for a marriage li cense and the disposition thereof; to repeal conflicting laws; and for other purposes.
SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and others:
A bill to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation, so as to provide that any taxpayer of any county who returned or paid taxes in such county for the preceding tax
FRIDAY, FEBRUARY 21, 1969
393
year who fails to return his property for taxation shall be deemed to have returned for taxation the same property at the same valuation as was returned in the preceding tax year; and for other purposes.
SB 166. By Senator Adams of the 26th:
A bill to amend Code Chapter 73-2, relating to the sale and inspection of petroleum products, so as to provide that all bulk storage facilities or terminals must maintain a prover system whereby accuracy of selfmeasuring meters may be calibrated; to repeal conflicting laws; and for other purposes.
SB 167. By Senator Padgett of the 23rd:
A bill to amend an Act to create the State Board of Pardons and Paroles, so as to provide that the Chairman shall have exclusive and complete authority to establish and control the internal administrative affairs and procedures of the Board; to repeal conflicting laws; and for other purposes.
SB 168. By Senator Padgett of the 23rd:
A bill to amend an Act to create the State Board of Pardons and Pa roles, so as to provide that the members of the Board shall in certain cases record in writing the facts upon which a decision is based and the reasons of the individual members for their action; to repeal con flicting laws; and for other purposes.
SB 169. By Senator Padgett of the 23rd:
A bill to amend an Act to create the State Board of Pardons and Pa roles, so as to provide that the Board shall in certain cases hold a hear ing prior to the grant of pardon, parole, reprieve, or the grant of any other relief which could affect the service of a sentence; to repeal con flicting laws; and for other purposes.
SB 170. By Senator Padgett of the 23rd:
A bill to amend an Act to create the State Board of Pardons and Pa roles, so as to provide for the suspension from office of members of the State Board of Pardons and Paroles; and for other purposes.
SB 171. By Senator Padgett of the 23rd:
A bill to provide for inclusion in sentences in criminal cases a statement of the duration of the defendant's incarceration prior to conviction and a statement of the consideration given such incarceration by the trial
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judge in imposing sentence; to repeal conflicting laws; and for other purposes.
SB 172. By Senator Padgett of the 23rd:
A hill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for classification and segregation of prisoners according to age, first offenders, habitual criminals and incorrigibles, diseased in mates, mentally diseased inmates, and those having infectious and in curable diseases; and for other purposes.
SB 173. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the Director of Corrections to permit certain prisoners to leave their places of confinement for limited social visits; to repeal conflicting laws; and for other purposes.
SB 174. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the issuance of court orders requiring the production of prisoners seeking trials upon pending indictments; to repeal conflicting laws; and for other purposes.
SB 175. By Senator Padgett of the 23rd:
A bill to amend an Act to comprehensively revise the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that when certain prisoners are needed as witnesses or are desired as defendants in court, the judge of the court shall order the Board of Corrections to deliver the prisoner to the sheriff; and for other purposes.
SB 176. By Senator Maclntyre of the 40th:
A bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 177. By Senator Johnson of the 38th: A bill to establish a minimum wage for persons employed in any domes-
FRIDAY, FEBRUARY 21, 1969
395
tic capacity in certain counties of this State; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
HB 89. By Mr. Hale of the 1st:
A bill to amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to eliminate those provisions which prohibit her from binding her separate estate by a contract of suretyship, the assumption of the debts of her husband and the sale of her separate estate to creditors of her husband to extinguish his debt; and for other purposes.
HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st and others:
A bill to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
HB 186. By Mr. Murphy of the 19th:
A bill to amend an Act establishing the "Employees' Retirement Sys tem of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly So licitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the "Employees' Retirement System of Georgia", shall as a matter of right be entitled to continue his membership in said system; and for other purposes.
HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th and others: A bill to provide for the education and rehabilitation of children of pub lic school age who are deaf, mute and blind for which there are no facili ties for education or rehabilitation in Georgia; and for other purposes.
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th: A bill to provide certain requirements relative to the construction of
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public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st: A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for voca tional schools; and for other purposes.
HB 275. By Messrs. Roach, Poole and Harris of the 10th: 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 clerk serving the office of the commissioner of roads and revenues for Cherokee County; and for other purposes.
HB 351. By Messrs. Longino of the 98th, Ware, Mullinax and others of the 30th: A bill to amend an Act establishing a new charter for the City of Pal metto in Pulton and Coweta Counties, so as to provide that the Mayor appoint a recorder, to establish such recorder's powers and duties and to provide for a recorder's compensation; and for other purposes.
HB 379. By Mr. Bowen of the 47th: A bill to amend an Act placing the clerk of the superior court, the sher iff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to change the compensation which may be paid to the deputy sheriff; and for other purposes.
HB 385. By Messrs. Busbee of the 61st and Harris of the 77th: A bill to provide that the Attorney General shall be vested with au thority and jurisdiction in matters of law relating to State Authorities; and for other purposes.
HB 419. By Messrs. Phillips and Johnson of the 29th: A bill to authorize the governing authorities of certain counties to make payments toward the cost of the office expenses of the Judges of certain Superior Courts; and for other purposes.
HB 420. By Messrs. Matthews, Bostick and Pallin of the 63rd: A bill to amend an Act abolishing the mode of compensating the sheriff of Cook County known as the fee system, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.
FRIDAY, FEBRUARY 21, 1969
397
HB 421. By Messrs. Matthews, Bostiek and Fallin of the 63rd:
A bill to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary and the tax commissioner of Cook County from the fee system, so as to change the provisions relating to the compensation of said officers; and for other purposes.
HB 422. By Messrs. Matthews, Bostiek and Fallin of the 63rd: A bill to vest in the tax commissioner of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.
HB 423. By Messrs. Matthews, Bostiek and Fallin of the 63rd: A bill to amend an Act creating a Board of Commissioners for Cook County, so as to change the compensation of the chairman and other members of said Board; and fof other purposes.
HB 424. By Mr. Poole of the 10th: A bill to authorize the creation of water, sewerage, garbage, gas or fire protection districts within Pickens County by the governing authority of said county; and for other purposes.
HB 425. By Mr. Poole of the 10th:
A bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary; and for other purposes.
HB 427. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to change the procedure for the sale and disposition of property belonging to the City of Thomson; and for other purposes.
HB 430. By Messrs. Whaley of the 93rd, Jones of the 87th, Gignilliat of the 89th and others: A bill to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to authorize the governing authority of Port Wentworth to sell that portion of a public street, known as Com monwealth Avenue and an unnamed street, which runs Northwest from Phillips Avenue to U. S. Coastal Highway 17, to any person, firm, or
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corporation for such consideration as the governing authority shall deem best; and for other purposes.
HB 439. By Mr. Bray of the 31st:
A bill to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other purposes.
HB 449. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and others of the 81st and Miller of the 83rd:
A bill to amend an Act creating a new charter for the City of Macon, so as to authorize the City of Macon to convey to the First National Bank & Trust Company in Macon title in and to the air space above a certain tract of land; and for other purposes.
HB 450. By Messrs. Gunter and Moore of the 6th:
A bill to authorize the governing authority of Habersham County to establish special fire protection districts throughout the county and to levy taxes upon the taxable property therein for the purposes of con structing, obtaining and maintaining fire protection facilities therefor; and for other purposes.
HB 455. By Messrs. Lane of the 101st, Adams of the 100th, Hawes of the 95th and others:
A bill to provide that owners of single family residential real property which is located within the corporate limits of two or more municipali ties and such municipalities are located within certain counties of this State shall have the right to select the municipality which shall annex their property under certain conditions; and for other purposes.
HB 462. By Messrs. Paris of the 14th, Barber of the 15th, Mauldin and Milford of the 12th:
A bill to change the terms of the Superior Courts of the Piedmont Ju dicial Circuit; and for other purposes.
HR 143. By Messrs. Atherton, McDaniell, Burruss and others of the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the bonded indebtedness of the City of Marietta; and for other purposes.
FRIDAY, FEBRUARY 21, 1969
399
The following reports of standing committees were read by the secretary:
Senator Plunkett of the 30th District, Chairman of the Committee on Ap propriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 76. Do pass by substitute.
Respectfully submitted, Plunkett of 30th District, Chairman.
Senator Spinks of the 9th 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 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 146. Do pass.
SR 55. Do pass.
SR 62. Do pass.
HR 62. Do pass.
Respectfully submitted, Spinks of 9th District, Chairman.
Senator Fincher of the 51st 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-
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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 122. Do pass by substitute.
Respectfully submitted, Fincher of 51st District, Chairman.
The following resolutions were read and adopted:
SR 63. By Senator Garrard of the 37th:
A resolution commending the Honorable Frederick Douglass Browne, Sr.; and for other purposes.
SR 64. By Senators Zipperer of the 3rd, Kennedy of the 4th, Searcey of the 2nd and others: A resolution commending Mr. and Mrs. Alvin O. Gannan upon their seventieth wedding anniversary; and for other purposes.
SR 65. By Senators Zipperer of the 3rd, Kennedy of the 4th, Searcey of the 2nd and others: A resolution expressing regrets at the death of Judge J. Walton Usher; and for other purposes.
SR 66. By Senator Abney of the 53rd: A resolution expressing sympathy at the passing of Honorable Freeman C. McClure; and for other purposes.
Scripture reading and prayer were offered by the Reverend Jack Ballard, pastor, Mt. Carmel Christian Church, Decatur, Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
FRIDAY, FEBRUARY 21, 1969
401
SB 18. By Senators Kidd of the 25th, Hill of the 29th, Johnson of the 38th and others:
A bill relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to repeal conflicting laws; to repeal specific laws; to provide an effective date; and for other purposes.
The Committee on Industry and Labor offered the following substitute to SB 18:
A BILL
To be entitled an Act Relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to provide for a short title; to define certain terms; to provide for an index of definitions; to consolidate and revise certain aspects of the law relat ing to consumer and other loans, consumer and other sales of goods, services and interests in land and consumer leases; to revise the laws relating to usury; to regulate certain practices relating to insurance in consumer credit transactions; to provide for administrative regulations of certain consumer credit transactions; to make uniform the law with respect thereto; to enumerate the purposes of this Act; to provide for rules of construction; to make supplementary general principles of law applicable to this Act; to provide for construction against implicit ap peal; to provide for the adjustment of dollar amounts set forth in this Act; to provide for waiver, agreement to forego rights and settlement of claims; to provide for the effect of this Act on powers of organizations; to provide for territorial application of this Act; to provide for exclu sions; to establish maximum credit service charges for consumer credit sales other than revolving charge accounts; to provide for additional charges, delinquent charges and deferral charges; to provide for a credit service charge on refinancing and consolidation; to establish maximum credit service charges for revolving charge accounts; to provide for the addition of advances to debt by seller to perform covenants of the buyer; to provide for the right to prepay; to provide for rebate upon repayment; to provide for general disclosure requirements and provi sions; to provide for overstatement; to provide for the calculation of the rate to be disclosed; to provide for telephone or mail sales; to provide for consumer credit sales not made pursuant to a revolving charge ac count; to provide for refinancing, consolidation, and deferral; to provide for consumer credit sales made pursuant to a revolving charge account; to provided for consumer leases; to specify the content of periodic statements; to provide for advertising; to provide for the use of multiple agreements; to prohibit certain negotiable instruments; to provide when assignee is not subject to defenses of buyer or lessee; to provide for balloon payments; to restrict liability in consumer leases; to provide for security in sales or leases; to provide for a minimum security in terest in land; to provide for cross collateral; to provide for the pay ment of debt secured by cross collateral; to prohibit assignment of earn ings; to prohibit referral sales and leases under certain conditions; to provide for notice of assignment; to provide for attorney's fees; to limit default charges; to prohibit authorization to confess judgment; to pro-
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vide for change in terms of revolving charge accounts; to provide for home solicitation sales; to provide for the buyer's right to cancel a home solicitation sale; to provide for the form of agreement or offer; to pro vide for a statement of buyer's rights; to provide for the restoration of the down payment; to provide for the retention of the cancellation fee; to provide for the duty of the buyer to seller; to provide that there shall be no compensation for services prior to cancellation of a home solicita tion sale; to provide that consumer credit sales shall be subject to this Act by agreement of parties; to provide for the applicability of other provisions to consumer related sales; to limit default charges in con sumer related sales; to provide for a credit service charge for other sales; to provide for a maximum loan finance charge for consumer loans other than supervised loans; to provide for additional charges, delinquency charges and deferral charges on consumer loans; to provide for a loan finance charge on refinancing and consolidation; to provide for conversion to revolving loan account; to provide for the addition of advances to debt by seller to perform covenants of debtor; to provide for the right to prepay a consumer loan; to provide for a rebate upon repayment; to provide for general disclosure requirements and provi sions; to provide for overstatement; to provide for the calculation of the rate to be disclosed; to provide for telephone or mail loans; to provide for consumer loans not made pursuant to revolving loan accounts; to provide for consolidation and deferral; to provide for revolving loan accounts; to provide when loans are made pursuant to lender credit card or similar arrangement; to specify the content of periodic statements; to provide for advertising; to provide for balloon payments; to prohibit assignment of earnings; to provide for attorney's fees; to limit default charges; to provide for notice of assignment; to prohibit authorization to confess judgment on consumer loans; to provide for a change in terms of revolving loan accounts; to provide for the use of multiple agree ments; to authorize the making of supervised loans; to provide for a license to make supervised loans; to provide for the revocation or suspen sion of licenses; to provide for records and annual reports; to provide for examinations and investigations; to provide for the loan and finance charge for supervised loans; to provide for the use of multiple agree ments; to place restrictions on interst in land as security; to provide for a regular schedule of payments; to provide for the maximum loan term; to provide for the conduct of business other than making loans; to provide for the application of other provisions; to provide for loans subject to this Act by agreement of parties; to provide for the appli cability of other provisions to consumer related loans; to define charges and other related loans; to provide for loan finance charges for other loans; to provide for creditor's provision of and charge for insurance; to state the effect of excess charges; to state the conditions applying to insurance to be provided by creditor; to prohibit or limit unconscion able agreements or clauses of agreements; to provide for the maximum charge by creditor for insurance; to provide for the amount of refund or credit required; to provide for the use of existing insurance; to pro vide for the choice of insurance by debtor; to provide for the charge for insurance in connection with a deferral, refinancing or consolida tion; to define duplicate charges; to provide for cooperation between Administrator and the Insurance Commissioner; to provide for admin
istrative action by Insurance Commissioner; to provide for the term of
insurance; to provide for the amount of insurance; to> provide for the
filing and approval of rates and forms; to provide for property insur-
FRIDAY, FEBRUARY 21, 1969
403
ance; to provide for insurance on creditor's interest only; to provide for liability insurance; to provide for cancellation of insurance by creditor; to restrict deficiency judgments in consumer credit sales; to prohibit garnishment before judgment; to place limitations on garnishment; to prohibit discharge from employment for garnishment; to prohibit the extortionate extension of credit; to provide for interests in land; to pro vide for the effect of violations on rights of parties; to provide for civil liability for violation of disclosure provisions; to provide for debtor's right to rescind certain transactions; to provide for refunds and penal ties as set-off to obligation; to provide penalties for willful violations; to provide penalties for disclosure violations; to provide for an Admin istrator; to provide for the powers and duties of the Administrator; to provide for the Administrator's powers with respect to supervised fi nancial organizations; to provide for investigatory powers of Admin istrator; to provide for the administrative enforcement of orders; to authorize the Administrator to accept assurances of discontinuance; to provide for injunctions against violations of the Act; to provide for in junctions against unconscionable agreements and fraudulent or un conscionable conduct; to provide for temporary relief against a respondent; to provide for civil actions by the Administrator; to provide that there shall be no right to trial by jury in civil actions initiated by Administrator; to provide that the grant of powers to the Administrator in this Act shall not affect debtor's remedies available under other prin ciples of law or equity; to provide for notification and fees; to provide for a Council of Advisors on Consumer Credit; to provide for powers and duties of the Council; to provide for meetings of the Council; to provide for the continuation of licensing; to provide for all other mat ters relative to the foregoing; to provide an effective date; to change the maximum rates of interest which building and loan associations and credit unions are authorized to charge; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The following shall constitute the "Uniform Consumer Credit Code", and be Title 57 of the Code of Georgia:
"CHAPTER 57-1 ARTICLE I.
GENERAL PROVISIONS AND DEFINITIONS
PART I.
SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
"57-1-101. Short Title.--This Act shall be known and may be cited as Uniform Consumer Credit Code.
"57-1-102. Purposes; Rules of Construction.
(1) This Act shall be liberally construed and applied to promote its underlying purposes and policies.
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(2) The underlying purposes and policies of this Act are:
(a) to simplify, clarify and modernize the law governing re tail installment sales, consumer credit, small loans and usury;
(b) to provide rate ceilings to assure an adequate supply of credit to consumers;
(c) to further consumer understanding of the terms of credit transactions and to foster competition among suppliers of con sumer credit so that consumers may obtain credit at reasonable cost;
(d) to protect consumer buyers, lessees, and borrowers against unfair practices by some suppliers of consumer credit, having due regard for the interests of legitimate and scrupulous creditors;
(e) to permit and encourage the development of fair and eco nomically sound consumer credit practices;
(f) to conform the regulation of consumer credit transactions to the policies of the Federal Consumer Credit Protection Act; and
(g) to make uniform the law, including administrative rules, among the various jurisdictions.
(3) A reference to a requirement imposed by this Act includes ref erence to a related rule of the Administrator adopted pursuant to this Act.
"57-1-103. Supplementary General Principles of Law Applicable.-- Unless displaced by the particular provisions of this Act, the Uniform Commercial Code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other vali dating or invalidating cause supplement its provisions.
"57-1-104. Construction Against Implicit Repeal.--This Act being a general Act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
"57-1-105. Severability.--If any provision of this Act or the ap plication thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
"57-1-106. Adjustment of Dollar Amounts.--(1) From time to time the dollar amounts in this Act designated as subject to change shall change, as provided in this Section, according to and to the ex tent of changes in the Consumer Price Index for Urban Wage Earners
FRIDAY, FEBRUARY 21, 1969
405
and Clerical Workers: U. S. City Average, All Items 1957-59 = 100, compiled by the Bureau of Labor Statistics, United States Department of Labor, and hereafter referred to as the Index. The Index for De cember, 1967, is the Reference Base Index.
(2) The designated dollar amounts shall change on July 1 of each even-numbered year if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is 10 percent or more, except that
(a) the portion of the percentage change in the Index in excess of a multiple of 10 percent shall be disregarded and the dollar amounts shall change only in multiples of 10 percent of the amounts appearing in this Act on the date of enactment;
(b) the dollar amounts shall not change if the amounts re quired by this Section are those currently in effect pursuant to this Act as a result of earlier application of this Section; and
(c) in no event shall the dollar amounts be reduced below the amounts appearing in this Act on the date of enactment.
(3) If the Index is revised after December, 1967, the percentage of change pursuant to this Section shall be calculated on the basis of the revised Index. If the revision of the Index changes the Reference Base Index, a revised Reference Base Index shall be determined by multiplying the Reference Base Index then applicable by the ratio of the revised Index to the current Index, as each was for the first month in which the revised Index is available. If the Index is superseded, the Index referred to in this Section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for consumers.
(4) The Administrator shall issue a rule announcing
(a) on or before April 30 of each year in which dollar amounts are to change, the changes in dollar amounts required by subsec tion (2); and
(b) promptly after the changes occur, changes in the Index required by subsection (3) including, when applicable, the numeri cal equivalent of the Reference Base Index under a revised Refer ence Base Index and the designation or title of any Index super seding the Index.
(5) No person violates this Act if with respect to a transaction otherwise complying with this Act he relies on dollar amounts either determined according to subsection (2) or appearing in the last rule of the Administrator announcing the then current dollar amounts.
(6) If the percentage of change between the Index at the end of the odd-numbered year preceding the effective date of this Act and
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the Reference Base Index would require change in the designated dol lar amounts pursuant to subsection (2), the designated dollar amounts shall change on the effective date of this Act and, on or before the date, the Administrator shall issue a rule announcing the changes re quired by this subsection. Subsection (5) also applies if the transaction is based on dollar amounts appearing in the Act and the Administrator has issued no rule as required by this subsection.
"57-1-107. Waiver; Agreement to Foregoing Rights; Settlement of Claims.--(1) Except as otherwise provided in this Act, a buyer, lessee, or debtor may not waive or agree to forego rights or benefits under this Act.
(2) A claim by a buyer, lessee, or debtor against a creditor for an excess charge, other violation of this Act, or civil penalty, or a claim against a buyer, lessee, or debtor for default or breach of a duty imposed by this Act, if disputed in good faith, may be settled by agree ment.
(3) A claim, whether or not disputed, against a buyer, lessee, or debtor may be settled for less value than the amount claimed.
(4) A settlement in which the buyer, lessee, or debtor waives or agrees to forego rights or benefits under this Act is invalid if the court as a matter of law finds the settlement to have been unconscion able at the time it was made. The competence of the buyer, lessee, or debtor, any deception or coercion practiced upon him, the nature and extent of the legal advice received by him, and the value of the con sideration are relevant to the issue of unconscionability.
"57-1-108. Effect of Act on Powers of Organizations.
(1) This Act prescribes maximum charges for all creditors, except lessors and those excluded (Section 57-1-202), extending consumer credit including consumer credit sales (Section 57-2-104), consumer loans (Section 57-3-104), and consumer related sales and loans (Section 57-2-602 and Section 57-3-602), and displaces existing limitations on the powers of those creditors based on maximum charges.
(2) With respect to sellers of goods or services, small loan com panies, licensed lenders, consumer and sales finance companies, indus trial banks and loan companies, and commercial banks and trust com panies, this Act displaces existing limitations on their powers based solely on amount or duration of credit.
(3) Except as provided in subsection (1), this Act does not dis place limitations on powers of credit unions, savings banks, savings and loan associations, or other thrift institutions whether organized for the profit of shareholders or as mutual organizations.
(4) Except as provided in subsections (1) and (2), this Act does not displace
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407
(a) limitations on powers of supervised financial organiza tions (subsection (17) of Section 57-1-301) with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land, or other similar restrictions designed to protect deposit, or
(b) limitations on powers an organization is authorized to exercise under the laws of this State or the United States.
"PART 2.
SCOPE OF JURISDICTION
"57-1-201. Territorial Application. (1) Except as otherwise pro vided in this Section, this Act applies to sales, leases, and loans made in this State and to modifications, including refinancings, consolida tions, and deferrals, made in this State, of sales, leases, and loans, wherever made. For purposes of this Act
(a) a sale or modification of a sale agreement is made in this State if the buyer's agreement or offer to purchase or to modify is received by the seller in this State;
(b) a lease or modification of a lease agreement is made in this State if the lessee's agreement or offer to lease or to modify is received by the lessor in this State; and
(c) a loan or modification of a loan agreement is made in this State if a writing signed by the debtor and evidencing the debt is received by the lender in this State.
(2) With respect to sales made pursuant to a revolving charge account (Section 57-2-108), this Act applies if the buyer's communi cation or indication of his intention to establish the account is received by the seller in this State. If no communication or indication of inten tion is given by the buyer before the first sale, this Act applies if the seller's communication notifying the buyer of the privilege of using the account is mailed or personally delivered in this State.
(3) With respect to loans made pursuant to a lender credit card or similar arrangement (subsection (9) of Section 57-1-301), this Act applies if the debtor's communication or indication of his intention to establish the arrangement with the lender is received by the lender in this State. If no communication or indication of intention is given by the debtor before the first loan, this Act applies if the lender's com munication notifying the debtor of the privilege of using the arrange ment is mailed or personally delivered in this State.
(4) The Part on Limitations on Creditors' Remedies (Part 1) of the Article on Remedies and Penalties (Article 5) applies to actions or other proceedings brought in this State to enforce rights arising from consumer credit sales, consumer leases, or consumer loans, or extortionate extensions of credit, wherever made.
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(5) If a consumer credit sale, consumer lease, or consumer loan, or modification thereof, is made in another state to a person who is a resident of this State when the sale, lease, loan, or modification is made, the following provisions apply as though the transaction occur red in this State:
(a) a seller, lessor, lender, or assignee of his rights, may not collect charges through actions or other proceedings in excess of those permitted by the Article on Credit Sales (Article 2) or by the Article on Loans (Article 3); and
(b) a seller, lessor, lender, or assignee of his rights, may not enforce rights against the buyer, lessee, or debtor, with respect to the provisions of agreements which violate the provisions on Limitations on Agreements and Practices (Part 4) of the Article on Credit Sales (Article 2) or of the Article on Loans (Article 3).
(6) Except as provided in subsection (4), a sale, lease, loan, or modification thereof, made in another state to a person who was not a resident of this State when the sale, lease, loan or modification was made is valid and enforceable in this State according to its terms to the extent that it is valid and enforceable under the laws of the state applicable to the transaction.
(7) For the purposes of this Act, the residence of a buyer, lessee, or debtor is the address given by him as his residence in any writing signed by him in connection with a credit transaction. Until he notifies the creditor of a new or different address, the given address is pre sumed to be unchanged.
(8) Notwithstanding other provisions of this Section
(a) except as provided in subsection (4), this Act does not apply if the buyer, lessee, or debtor is not a resident of this State at the time of a credit transaction and the parties then agree that the law of his residence applies; and
(b) this Act applies if the buyer, lessee, or debtor is a resi dent of this State at the time of a credit transaction and the par ties then agree that the law of this State applies.
(9) Except as provided in subsection (8), the following agreements by a buyer, lessee, or debtor are invalid with respect to consumer credit sales, consumer leases, consumer loans, or modifications thereof, to which this Act applies:
(a) that the law of another state shall apply;
(b) that the buyer, lessee, or debtor consents to the juris diction of another state; and
(c) that fixes venue.
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409
(10) The following provisions of this Act specify the applicable law governing certain cases:
(a) applicability (Section 57-6-102) of the Part on Powers and Functions of Administrator (Part 1) of the Article on Administra tion (Article 6); and
(b) applicability (Section 57-6-201) of the Part on Notifica tion and Fees (Part 2) of the Article on Administration (Article 6).
"57-1-202. Exclusions.--This Act does not apply to
(1) extensions of credit to government or governmental agencies or instrumentalities;
(2) the sale of insurance by an insurer, except as otherwise pro vided in the Article on Insurance (Article 4);
(3) transactions under public utility or common carrier tariffs if a subdivision or agency of this State or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment; or
(4) the rates and charges and the disclosure of rates and charges of a licensed pawnbroker established in accordance with a statute or ordinance concerning these matters.
"PART 3.
DEFINITIONS
"57-1-301. General Definitions.--In addition to definitions appear ing in subsequent Articles, in this Act
(1) 'Actuarial method' means the method, defined by rules adopted by the Administrator, of allocating payments made on a debt between principal or amount financed and loan finance charge or credit service charge pursuant to which a payment is applied first to the accumulated loan finance charge or credit service charge and the balance is applied to the unpaid principal or unpaid amount financed.
(2) 'Administrator' means the Administrator designated in the Article (Article 6) on Administration (Section 57-6-103).
(3) 'Agreement' means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance.
(4) 'Agricultural purpose' means a purpose related to the produc tion, harvest, exhibition, marketing, transportation, processing, or
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manufacture of agricultural products by a natural person who culti vates, plants, propagates, or nurtures the agricultural products. 'Agri cultural products' includes agricultural, horticultural, viticultural, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manu factured products, and any and all products raised or produced on farms and any processed or manufactured products thereof.
(5) 'Closing costs' with respect to a debt secured by an interest in land includes:
(a) fees or premiums for title examination, title insurance, or similar purposes including surveys,
(b) fees for preparation of a deed, settlement statement, or other documents,
(c) escrows for future payments of taxes and insurance,
(d) fees for notarizing deeds and other documents,
(e) appraisal fees, and
(f) credit reports.
(6) 'Conspicuous'; A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. Whether a term or clause is conspicuous or not is for decision by the court.
(7) 'Credit' means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.
(8) 'Earnings' means compensation paid or payable to an indi vidual or for his account for personal services rendered or to be ren dered by him, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension, retirement, or disability program.
(9) 'Lender credit card or similar arrangement' means an arrange ment or loan agreement, other than a seller credit card, pursuant to which a lender gives a debtor the privilege of using a credit card, letter of credit, or other credit confirmation or identification in trans actions out of which debt arises.
(a) by the lender's honoring a draft or similar order for the payment of money drawn or accepted by the debtor;
(b) by the lender's payment or agreement to pay the debtor's obligations; or
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411
(c) by the lender's purchase from the obligee of the debtor's obligations.
(10) 'Official fees' means
(a) fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, notarizing, or satisfying a security interest related to a consumer credit sale, consumer lease, or con sumer loan; or
(b) premiums payable for insurance in lieu of perfecting a security interest otherwise required by the creditor in connection with the sale, lease, or loan, if the premium does not exceed the fees and charges described in paragraph (a) which would other wise be payable.
(11) 'Organization' means a corporation, government or govern mental subdivision or agency, trust, estate, partnership, cooperative, or association.
(12) 'Payable in installments' means that payment is required or permitted by agreement to be made in (a) two or more periodic pay ments, excluding a down payment, with respect to a debt arising from a consumer credit sale pursuant to which a credit service charge is made, (b) four or more periodic payments, excluding a down payment, with respect to a debt arising from a consumer credit sale pursuant to which no credit service charge is made, or (c) two or more periodic payments with respect to a debt arising from a consumer loan. If any periodic payment other than the down payment under an agreement requiring or permitting two or more periodic payments is more than twice the amount of any other periodic payment, excluding the down payment, the consumer credit sale, consumer lease, or consumer loan is 'payable in installments'.
(13) 'Person' includes a natural person or an individual and an organization.
(14) 'Person related to' means (a) the spouse of the individual, (b) a brother, brother-in-law, sister, sister-in-law of the individual, (c) an ancestor or lineal descendant of the individual or his spouse, and (d) any other relative, by blood or marriage of the individual or his spouse who shares the same home with the individual.
(15) 'Presume' or 'presumption' means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its non-existence.
(16) 'Seller credit card' means an arrangement pursuant to which a person gives to a buyer or lessee the privilege of using a credit card, letter of credit, or other credit confirmation or identification primarily for the purpose of purchasing or leasing goods or services from that
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person, a person related to that person, or others licensed or franchised to do business under his business or trade name or designation.
(17) 'Supervised financial organization' means a person, other than an insurance company or other organization primarily engaged in an insurance business,
(a) organized, chartered, or holding an authorization certifi cate under the laws of this State or of the United States which authorize the person to make loans and to receive deposits, includ ing a savings, share, certificate or deposit account, and
(b) subject to supervision by an official or agency of this State or of the United States.
"57-1-302. Definition: 'Federal Consumer Credit Protection Act'.-- In this Act 'Federal Consumer Credit Protection Act' means the Con sumer Credit Protection Act (Public Law 90-321; 82 Stat. 146), as amended, and includes regulations issued pursuant to that Act.
"57-1-303. Index of Definitions in Act.--Definitions in this Act and the Sections in which they appear are:
'Actuarial method'--Section 57-1-301 (1)
'Administrator'--Section 57-1-301 (2)
'Administrator'--Section 57-6-103
'Agreement'--Section 57-1-301 (3)
'Agricultural purpose'--Section 57-1-301 (4)
'Amount financed'--Section 57-2-111 'Annual percentage rate' (sale)--Section 57-2-304
'Annual percentage rate' (loan)--Section 57-3-304 'Cash price'--Section 57-2-110 'Closing costs'--Section 57-1-301 (5) 'Conspicuous'--Section 57-1-301 (6) 'Consumer credit insurance'--Section 57-4-103 (1) 'Consumer credit sale'--Section 57-2-104
'Consumer lease'--Section 57-2-106
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413
'Consumer loan'--Section 57-3-104
'Consumer related loan'--Section 57-3-602 'Consumer related sale'--Section 57-2-602 'Contested case'--Section 57-6-402 (1) 'Corresponding nominal annual percentage rate' (sale)--Section
57-2-304
'Corresponding nominal annual percentage rate' (loan)--Section 57-3-304
'Credit'--Section 57-1-301 (7) 'Credit Insurance Act'--Section 57-4-103 (2) 'Credit service charge'--Section 57-2-109 'Earnings'--Section 57-1-301 (8) 'Federal Consumer Credit Protection Act'--Section 57-1-302 'Goods'--Section 57-2-105 (1) 'Home solicitation sale'--Section 57-2-501 'Lender'--Section 57-3-107 (1) 'Lender credit card or similar arrangement'--Section 57-1-301 (9) 'License'--Section 57-6-402 (2) 'Licensing'--Section 57-6-402 (3) 'Loan'--Section 57-3-106 'Loan finance charge'--Section 57-3-109 'Loan primarily secured by an interest in land'--Section 57-3-105 'Merchandise certificate'--Section 57-2-105 (2) 'Official fees'--Section 57-1-301 (10) 'Organization'--Section 57-1-301 (11) 'Party'--Section 57-6-402 (4)
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'Payable in installments'--Section 57-1-301 (12) 'Person'--Section 57-1-301 (13) 'Person related to'--Section 57-1-301 (14) 'Precomputed (loan)'--Section 57-3-107 (2) 'Precomputed (sale)'--Section 57-2-105 (7) 'Presumed' or 'presumption'--Section 57-1-301 (15) 'Principal'--Section 57-3-107 (3) 'Regulated lender'--Section 57-3-501 (2) 'Regulated loan'--Section 57-3-501 (1) 'Revolving charge account'--Section 57-2-108 'Revolving loan account'--Section 57-3-108 'Rule'--Section 57-6-402 (5) 'Sale of goods'--Section 57-2-105 (4) 'Sale of an interest in land'--Section 57-2-105 (6) 'Sale of services'--Section 57-2-105 (5) 'Seller'--Section 57-2-107 'Seller credit card'--Section 57-3-301 (16) 'Services'--Section 57-2-105 (3) 'Supervised financial organization'--Section 57-1-301 (17) 'Supervised lender'--Section 57-3-501 (4) 'Supervised loan'--Section 57-3-501 (3)."
"CHAPTER 57-2 ARTICLE 2
CREDIT SALES
PART 1
GENERAL PROVISIONS
"57-2-101. Short Title.--This Article shall be known and may be cited as Uniform Consumer Credit Code--Credit Sales.
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415
"57-2-102. Scope.--This Article applies to consumer credit sales, including home solicitation sales, and consumer leases; in addition Part 6 applies to consumer related sales.
"57-2-103. Definitions in Article.--The following definitions apply to this Act and appear in this Article as follows:
'Amount financed'--Section 57-2-111 'Annual percentage rate'--Section 57-2-304 (2) 'Cash price'--Section 57-2-110 'Consumer credit sale'--Section 57-2-104 'Consumer lease'--Section 57-2-106 'Consumer related sale'--Section 57-2-602
'Corresponding nominal annual percentage rate'--Section 57-2-304 (3)
'Credit service charge'--Section 57-2-109 'Goods'--Section 57-2-105 (1) 'Home solicitation sale'--Section 57-2-501 'Merchandise certificate'--Section 57-2-105 (2) 'Precomputed'--Section 57-2-105 (7) 'Revolving charge account'--Section 57-2-108 'Sale of goods'--Section 57-2-105 (4) 'Sale of an interest in land'--Section 57-2-105 (6) 'Sale of services'--Section 57-2-105 (5) 'Seller'--Section 57-2-107
'Services'--Section 57-2-105 (3)
"57-2-104. Definition: 'Consumer Credit Sale'.--
(1) Except as provided in subsection (2), 'consumer credit sale' is a sale of goods, services, or an interest in land in which
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(a) credit is granted by a person who regularly engages as a seller in credit transactions of the same kind,
(b) the buyer is a person other than an organization,
(c) the goods, services, or interest in land are purchased pri marily for a personal, family, household, or agricultural purpose,
(d) either the debt is payable in installments or a credit serv ice charge is made, and
(e) with respect to a sale of goods or services, the amount financed does not exceed $25,000.
(2) Unless the sale is made subject to this Act by agreement (Section 57-2-601), 'consumer credit sale' does not include
(a) a sale in which the seller allows the buyer to purchase goods or services pursuant to a lender credit card or similar arrangement, or
(b) except as provided with respect to disclosure (Section 57-2-301) and debtors' remedies (Section 57-5-201), a sale of an interest in land if the credit service charge does not exceed 10 percent per year calculated according to the actuarial method on the unpaid balances of the amount financed on the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term.
(3) The amount of $25,000 in subsection (1) is subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
"57-2-105. Definitions: 'Goods'; 'Merchandise Certificate'; 'Ser vices'; 'Sale of Goods'; 'Sale of Services'; 'Sale of an Interest in Land'; 'Precomputed'.--
(1) 'Goods' includes goods not in existence at the time the transac tion is entered into and merchandise certificates, but excludes money, chattel paper, documents of title, and instruments.
(2) 'Merchandise certificate' means a writing issued by a seller not redeemable in cash and usable in its face amount in lieu of cast in ex change for goods or services.
(3) 'Services' includes (a) work, labor, and other personal services, (b) privileges with respect to transportation, hotel and restaurant ac commodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like, and (c) insurance provided by a person other than the insurer.
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417
(4) 'Sale of goods' includes any agreement in the form of a bail ment or lease of goods if the bailee or lessee agrees to pay as compen sation for use a sum substantially equivalent to or in excess of the ag gregate value of the goods involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the goods upon full compliance with his obligations under the agreement.
(5) 'Sale of services' means furnishing or agreeing to furnish ser vices and includes making arrangements to have services furnished by another.
(6) 'Sale of an interest in land' includes a lease in which the lessee has an option to purchase the interest and all or a substantial part of the rental or other payments previously made by him are applied to the purchase price.
(7) A sale, refinancing, or consolidation is 'precomputed' if the debt is expressed as a sum comprising the amount financed and the amount of the credit service charge computed in advance.
'57-2-106. Definition: 'Consumer Lease'.--
(1) 'Consumer lease' means a lease of goods
(a) which a lessor regularly engaged in the business of leasing makes to a person, other than an organization, who takes under the lease primarily for a personal, family, household, or agricultural purpose,
(b) in which the amount payable under the lease does not ex ceed $25,000, and
(c) which is for a term exceeding four months.
(2) 'Consumer lease' does not include a lease made pursuant to a lender credit card or similar arrangement.
(3) The amount of $25,000 in subsection (1) is subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106.)
"57-2-107. Definition: 'Seller'.--Except as otherwise provided, 'seller' includes an assignee of the seller's right to payment but use of the term does not in itself impose on an assignee any obligation of the seller with respect to events occurring before the assignment.
"57-2-108. Definition: 'Revolving Charge Account'.--
'Revolving charge account' means an arrangement between a seller and a buyer pursuant to which (1) the seller may permit the buyer to
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purchase goods or services on credit either from the seller or pursuant to a seller credit card, (2) the unpaid balances of amounts financed arising from purchases and the credit service and other appropriate charges are debited to an account, (3) a credit service charge if made is not precomputed but is computed on the outstanding unpaid balances of the buyer's account from time to time, and (4) the buyer has the privilege of paying the balances in installments.
"57-2-109. Definition: 'Credit Service Charge'.--
'Credit service charge' means the sum of (1) all charges payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as an incident to the extension of credit, including any of the following types of charges which are applicable; time price differential, service, carrying or other charge, however denominated, premium or other charge for any guarantee or insurance protecting the seller against the buyer's default or other credit loss; and (2) charges incurred for investigating the collateral or credit-worthiness of the buyer or for commissions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the seller had no notice of the charges when the credit was granted. The term does not include charges as a result of default, additional, charges (Section 57-2-202), delinquency charges (Section 52-2-203), or deferral charges (Section 57-2-204).
"57-2-110. Definition: 'Cash Price'.--Except as the Administrator may otherwise prescribe by rule, the 'cash price' of goods, services, or an interest in land means the price at which the goods, services, or in terest in land are offered for sale by the seller to cash buyers in the or dinary course of business, and may include (1) applicable sales, use, and excise and documentary stamp taxes, (2) the cash price of accessories or related services such as delivery, installation, serving, repairs, al terations, and improvements, and (3) amounts actually paid or to be paid by the seller for registration, certificate of title, or license fees. The cash price stated by the seller to the buyer pursuant to the provi sions on disclosure (Part 3) of this Article is presumed to be the cash price.
"57-2-111. Definition: 'Amount Financed'.--'Amount financed' means the total of the following items to the extent that payment is deferred:
(1) the cash price of the goods, services, or interest in land, less the amount of any down payment whether made in cash or in property traded in,
(2) the amount actually paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest in or a lien on property traded in, and
(3) if not included in the cash price
(a) any applicable sales, use, excise, or documentary stamp taxes,
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419
(b) amounts actually paid or to be paid by the seller for regis tration certificate of title, or license fees, and
(c) additional charges permitted by this Article (Section 572-202).
PART 2
MAXIMUM CHARGES
"57-2-201. Credit Service Charge for Consumer Credit Sales other than Revolving Charge Accounts.--(1) With respect to a consumer credit sale, other than a sale pursuant to a revolving charge account, a seller may contract for and receive a credit service charge not exceeding that permitted by this Section.
(2) The credit service charge, calculated according to the actuarial method, may not exceed the equivalent of the greater of either of the following:
(a) the total of
(i) 36 percent per year on that part of the unpaid balances of the amount financed which is $300 or less;
(ii) 21 percent per year on that part of the unpaid bal ances of the amount financed which is more than $300 but does not exceed $1,000; and
(iii) 15 percent per year on that part of the unpaid bal ances of the amount financed which is more than $1,000; or
(b) 18 percent per year on the unpaid balances of the amount financed.
(3) This Section does not limit or restrict the manner of contracting for the credit service charge, whether by way of add-on, discount, or otherwise, so long as the rate of the credit service charge does not ex ceed that permitted by this Section. If the sale is precomputed,
(a) the credit service charge may be calculated on the assump tion that all scheduled payments will be made when due, and
(b) the effect of prepayment is governed by the provisions on rebate upon prepayment (Section 57-2-210).
(4) For the purposes of this Section, the term of a sale agreement commences with the date the credit is granted or, if goods are delivered or services performed 10 days or more after that date, with the date of commencement of delivery or performance. Differences in the length of months are disregarded and a day may be counted as l/30th of a month.
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Subject to classifications and differentiations the seller may reasonably establish a part of a month in excess of 15 days may be treated as a full month if periods of 15 days or less are disregarded and that procedure is not consistently used to obtain a greater yield than would otherwise be permitted.
(5) Subject to classifications and differentiations the seller may reasonably establish, he may make the same credit service charge on all amounts financed within a specified range. A credit service charge so made does not violate subsection (2) if
(a) when applied to the median amount within each range, it does not exceed the maximum permitted by subsection (2), and
(b) when applied to the lowest amount within each range, it does not produce a rate of credit service charge exceeding the rate calculated according to paragraph (a) by more than 8 per cent of the rate calculated according to paragraph (a)
(6) Notwithstanding subsection (2), the seller may contract for and receive a minimum credit service charge of not more than $5 when the amount financed does not exceed $75, or $7.50 when the amount fi nanced exceeds $75.
(7) The amounts of $300 and $1,000 in subsection (2) are subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
"57-2-202. Additional Charges.--(1) In addition to the credit service charge permitted by this Part, a seller may contract for and receive the following additional charges in connection with a consumer credit sale:
(a) official fees and taxes;
(b) charges for insurance as described in subsection (2); and
(c) charges for other benefits, including insurance, conferred on the buyer, if the benefits are of value to him and if the charges are reasonable in relation to the benefits, are of a type which is not for credit, and are excluded as permissible additional charges from the credit service charge by rule adopted by the Admin
istrator.
(2) An additional charge may be made for insurance written in connection with the sale
(a) with respect to insurance against loss of or damage to property, or against liability, if the seller furnishes a clear and specific statement in writing to the buyer, setting forth the cost of the insurance if obtained from or through the seller, and stating
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421
that the buyer may choose the person through whom the insurance is to be obtained; and
(b) with respect to consumer credit insurance providing life, accident, or health coverage, if the insurance coverage is not a factor in the approval by the seller of the extension of credit and this fact is clearly disclosed in writing to the buyer, and if, in order to obtain the insurance in connection with the extension of credit, the buyer gives specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof.
(3) For the purposes of the Part on Disclosure and Advertising (Part 3), if the credit service charge with respect to a sale of an interest in land does not exceed 10 percent per year (paragraph (b) of subsection (2) of Section 52-2-104), reasonable closing costs even though not within subsection (1) may be treated as additional charges.
"57-2-203. Delinquency Charges.--(1) With respect to a precomputed consumer credit sale, refinancing, or consolidation, the parties may contract for a delinquency charge on any installment not paid in full within 5 days after its scheduled due date in an amount not exceeding the greater of
(a) $2 or an amount, not exceeding $5, which is 5 percent of the unpaid amount of the installment, or
(b) the deferral charge (subsection (1) of Section 57-2-204) that would be permitted to defer the unpaid amount of the install ment for the period that it is delinquent.
(2) No delinquency charge may be collected if the installment has been deferred and a deferral charge (Section 57-2-204), has been paid or incurred. A delinquency charge may be collected at the time it ac crues or at any time thereafter.
(3) No delinquency charge may be collected on an installment which is paid in full within 5 days after its scheduled installment due date.
(4) If two installments or parts thereof of a precomputed loan are in default for 5 days or more, the lender may elect to convert the loan from a precomputed loan to one in which the loan finance charge is based on unpaid balances. In this event, he shall make a rebate pur suant to the provisions on rebate upon prepayment (Section 57-3-210) as of the maturity date of the first delinquent installment, and there after may make a loan finance charge as authorized by the provisions on loan finance charge for consumer loan (Section 57-3-201) or the pro visions on loan finance charge for supervised loans (Section 57-3-508), whichever is appropriate. The amount of the rebate shall not be reduced by the amount of any permitted minimum charge (Section 57-3-210). If the lender proceeds under this subsection, any delinquency or deferral charges made with respect to installments due at or after the maturity date of the first delinquent installment shall be rebated, and no further delinquency or deferral charges shall be made.
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(5) The amounts of $2 and $5 in subsection (1) are subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
'"57-2-204. Deferral Charges.--(1) With respect to a precomputed consumer credit sale, refinancing, or consolidation, the parties before or after default may agree in writing to a deferral of all or part of one or more unpaid installments, and the seller may make and collect a charge not exceeding the rate previously stated to the buyer pursuant to the provisions on disclosure (Part 3) applied to the amount or amounts deferred for the period of deferral calculated without regard to differ ences in lengths of months, but proportionally for a part of a month, counting each day as l/30th of a month. A deferral charge may be col lected at the time it is assessed or at any time thereafter.
(2) The seller, in addition to the deferral charge, may make ap propriate additional charges (Section 57-2-202), and the amount of these charges which is not paid in cash may be added to the amount de ferred for the purpose of calculating the deferral charge.
(3) The parties may agree in writing at the time of a precomputed consumer credit sale, refinancing, or consolidation that if an installment is not paid within 10 days after its due date, the seller may unilaterally grant a deferral and make charges as provided in this Section. No de ferral charge may be made for a period after the date that the seller elects to accelerate the maturity of the agreement.
(4) A delinquency charge made by the seller on an installment may not be retained if a deferral charge is made pursuant to this Sec tion with respect to the period of delinquency.
"57-2-205. Credit Service Charge on Refinancing.--
With respect to a consumer credit sale, refinancing, or consolida tion, the seller may by agreement with the buyer refinance the unpaid balance and may contract for and receive a credit service charge based on the amount financed resulting from the refinancing at a rate not ex ceeding that permitted by the provisions on credit service charge for consumer credit sales (Section 57-2-201). For the purpose of determining the credit service charge permitted, the amount financed resulting from the refinancing comprises the following:
(1) if the transaction was not precomputed, the total of the un paid balance and accrued charges on the date of refinancing, or, if the transaction was precomputed, the amount which the buyer would have been required to pay upon prepayment pursuant to the provisions on rebate upon prepayment (Section 57-2-210) on the date of refinancing, except that for the purpose of computing this amount no minimum cred it service charge (subsection (6) of Section 57-2-201) shall be allowed; and
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(2) appropriate additional charges (Section 57-2-202), payment of which is deferred.
"57-2-206. Credit Service Charge on Consolidation.--
If a buyer owes an unpaid balance to a seller with respect to a consumer credit sale, refinancing, or consolidation, and becomes obli gated on another consumer credit sale, refinancing, or consolidation with the same seller, the parties may agree to a consolidation resulting in a single schedule of payments pursuant to either of the following subsections:
(1) The parties may agree to refinance the unpaid balance with respect to the previous sale pursuant to the provisions on refinancing (Section 57-2-205) and to consolidate the amount financed resulting from the refinancing by adding it to the amount financed with respect to the subsequent sale. The seller may contract for and receive a credit service charge based on the aggregate amount financed resulting from the consolidation at a rate not exceeding that permitted by the provi sions on credit service charge for consumer credit sales (Section 57-2-201).
(2) The parties may agree to consolidate by adding together the unpaid balances with respect to the two sales.
"57-2-207. Credit Service Charge for Revolving Charge Accounts.-- (1) With respect to a consumer credit sale made pursuant to a revolv ing charge account, the parties to the sale may contract for the pay ment by the buyer of a credit service charge not exceeding that per mitted in this Section.
(2) A charge may be made in each billing cycle which is a per centage of an amount no greater than
(a) the average daily balance of the account,
(b) the unpaid balance of the account on the same day of the billing cycle, or
(c) the median amount within a specified range within which the average daily balance of the account or the unpaid balance of the account on the same day of the billing cycle is included. A charge may be made pursuant to this paragraph only if the seller, subject to classifications and differentiations he may reasonably establish, makes the same charge on all balances within the speci fied range and if the percentage when applied to the median amount within the range does not produce a charge exceeding the charge resulting from applying that percentage to the lowest amount within the range by more than 8 percent of the charge on the median amount.
(3) If the billing cycle is monthly, the charge may not exceed 2
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percent of that part of the amount pursuant to subsection (2) which is $500 or less and 1% percent on that part of this amount which is more than $500. If the billing cycle is not monthly, the maximum charge is that percentage which bears the same relation to the applicable monthly percentage as the number of days in the billing cycle bears to 30. For the purposes of this Section, a variation of not more than 4 days from month to month is 'the same day of the billing cycle'.
(4) Notwithstanding subsection (3), if there is an unpaid balance on the date as of which the credit service charge is applied, the seller may contract for and receive a charge not exceeding 50<f if the billing cycle is monthly or longer, or the pro rata part of 50^ which bears the same relation to 50(t as the number of days in the billing cycle bears to 30 if the billing cycle is shorter than monthly.
(5) The amount of $500 in subsection (3) are subject to change pursuant to the provisions on adjustment of dollar amounts (Section 37-1-106).
"57-2-208. Advances to Perform Covenants of Buyer.--
(1) If the agreement with respect to a consumer credit sale, re financing, or consolidation contains convenants by the buyer to perform certain duties pertaining to insuring or preserving collateral and the seller pursuant to the agreement pays for performance of the duties on behalf of the buyer, the seller may add the amounts paid to the debt. Within a reasonable time after advancing any sums, he shall state to the buyer in writing the amount of the sums advanced, any charges with respect to this amount, and any revised payment schedule and, if the duties of the buyer performed by the seller pertain to insurance, a brief description of the insurance paid for by the seller including the type and amount of coverages. No further information need be given.
(2) A credit service charge may be made for sums advanced pur suant to subsection (1) at a rate not exceeding the rate stated to the buyer pursuant to the provisions on disclosure (Part 3) with respect to the sale, refinancing, or consolidation, except that with respect to a revolving charge account the amount of the advance may be added to the unpaid balance of the account and the seller may make a credit ser vice charge not exceeding that permitted by the provisions on credit service charge for revolving charge accounts (Section 57-2-207).
"57-2-209. Right to Prepay.--Subject to the provisions on rebate upon prepayment (Section 57-2-210), the buyer may prepay in full the unpaid balance of a consumer credit sale, refinancing, or consolidation at any time without penalty.
"57-2-210. Rebate Upon Prepayment.--
(1) Except as provided in subsection (2), upon prepayment in full of the unpaid balance of a precomputed consumer credit sale, refinanc ing, or consolidation, an amount not less than the unearned portion of the credit service charge calculated according to this Section shall be
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425
rebated to the buyer. If the rebate otherwise required is less than $1, no rebate need be made.
(2) Upon prepayment in full of a consumer credit sale, refinanc ing, or consolidation, other than one pursuant to a revolving charge account, if the credit service charge then earned is less than any per mitted minimum credit service charge (subsection (6) of Section 57-2-201) contracted for, whether or not the sale, refinancing, or con solidation is precomputed, the seller may collect or retain the minimum charge, as if earned, not exceeding the credit service charge con tracted for.
(3) Except as otherwise provided in this subsection with respect to a sale of an interest in land or a consumer credit sale secured by an interest in land, the unearned portion of the credit service charge is a fraction of the credit service charge of which the numerator is the sum of the periodic balances scheduled to follow the computational period in which prepayment occurs, and the denominator is the sum of all periodic balances under either the sale agreement or, if the balance owing resulted from a refinancing (Section 57-2-205) or a consolidation (Section 57-2-206), under the refinancing agreement or consolidation agreement. In the case of a sale of an interest in land or a consumer credit sale secured by an interest in land, reasonable sums actually paid or payable to persons not related to the seller for customary closing costs included in the credit service charge are deducted from the credit service charge before the calculation prescribed by this subsection is made.
(4) In this Section
(a) 'periodic balance' means the amount scheduled to be out standing on the last day of a computational period before deducting the payment, if any, scheduled to be made on that day;
(b) 'computational period' means one month if one-half or more of the intervals between scheduled payments under the agree ment is one month or more, and otherwise means one week;
(e) the 'interval' to the due date of the first scheduled install ment or the final scheduled payment date is measured from the date of a sale, refinancing, or consolidation, or any later date pre scribed for calculating maximum credit service charges (subsection (4) of Section 57-2-201), and includes either the first or last day of the interval;
(d) if the interval to the due date of the first scheduled install ment does not exceed one month by more than 15 days when the computational period is one month, or 11 days when the computa tional period is one week, the interval shall be considered as one computational period.
(5) This subsection applies only if the schedule of payments is not regular.
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(a) If the computational period is one month and
(i) if the number of days in the interval to the due date of the first scheduled installment is less than one month by more than 5 days, or more than one month by more than 5 but not more than 15 days, the unearned credit service charge shall be increased by an adjustment for each day by which the interval is less than one month and, at the option of the seller, may be reduced by an adjustment for each day by which the interval is more than one month; the adjustment for each day shall be I/30th of that part of the credit service charge earned in the computational period prior to the due date of the first scheduled installment assuming that period to be one month; and
(ii) if the interval to the final scheduled payment date is a number of computational periods plus an additional number of days less than a full month, the additional number of days shall be considered a computational period only if 16 days or more. This subparagraph applies whether or not subparagraph (i) applies.
(b) Notwithstanding paragraph (a), if the computational pe riod is one month, the number of days in the interval to the due date of the first installment exceeds one month by not more than 15 days, and the schedule of payments is otherwwise regular, the seller at his option may exclude the extra days and the charge for the extra days in computing the unearned credit service charge; but if he does so and a rebate is required before the due date of the first scheduled installment, he shall compute the earned charge for each elapsed day as l/30th of the amount the earned charge would have been if the first interval had been one month.
(c) If the computational period is one week and
(i) if the number of days in the interval to the due date of the first scheduled installment is less than 5 days, or more
than 9 days but not more than 11 days, the unearned credit service charge shall be increased by an adjustment for each day by which the interval is less than 7 days and, at the option of the seller, may be reduced by an adjustment for each day by which the interval is more than 7 days; the adjustment for each day shall be l/7th of that part of the credit service charge earned in the computational period prior to the due date of the first scheduled installment assuming that period to be one week; and
(ii) if the interval to the final scheduled payment date is a number of computational periods plus an additional number of days less than a full week, the additional number of days shall be considered a computational period only if 4 days or more. This subparagraph applies whether or not subparagraph (i) applies.
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427
(6) If a deferral (Section 57-2-204) has been agreed to, the un earned portion of the credit service charge shall be computed without regard to the deferral. The amount of deferral charge earned at the date of prepayment shall also be calculated. If the deferral charge earned is less than the deferral charge paid, the difference shall be added to the unearned portion of the credit service charge. If any part of a deferral charge has been earned but has not been paid, that part shall be sub tracted from the unearned portion of the credit service charge or shall be added to the unpaid balance.
(7) This Section does not preclude the collection or retention by the seller of delinquency charges (Section 57-2-203).
(8) If the maturity is accelerated for any reason and judgment is obtained, the buyer is entitled to the same rebate as if payment had been made on the date judgment is entered.
(9) Upon prepayment in full of a consumer credit sale by the proceeds of consumer credit insurance (Section 57-4-103), the buyer or his estate is entitled to the same rebate as though the buyer had pre paid the agreement on the date the proceeds of the insurance are paid to the seller, but no later than 10 business days after satisfactory proof of loss is furnished to the seller.
PART 3.
DISCLOSURE AND ADVERTISING
"57-2-301. Applicability; Information Required.--
(1) For purposes of this Part, consumer credit sale includes the sale of an interest in land without regard to the rate of the credit service charge if the sale is otherwise a consumer credit sale (Section 57-2-104).
(2) The seller shall disclose to the buyer to whom credit is extended with respect to a consumer credit sale the information required by either
(a) this Part, or
(b) except with respect to a consumer credit sale of an inter est in land or secured by an interest in land, the Federal Consumer Credit Protection Act.
(3) For the purposes of paragraph (b) of subsection (2), informa tion which would otherwise be required pursuant to the Federal Con sumer Protection Act is sufficient even though the transaction is one of a class of credit transactions exempted from that Act pursuant to regulation of the Board of Governors of the Federal Reserve System.
(4) The lessor shall disclose to the lessee to whom credit is extend-
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ed with respect to a consumer lease the information required by this Part.
"57-2-302. General Disclosure Requirements and Provisions.--
(1) The disclosures required by this Part (a) shall be made clearly and conspicuously;
(b) shall be in writing, a copy of which shall be delivered to the buyer or lessee;
(c) may use terminology different from that employed in this Part if it conveys substantially the same meaning;
(d) except as the rules adopted by the Administrator other wise prescribe, need not be contained in a single writing or made in the order set forth in this Part;
(e) may be supplemented by additional information or ex planations supplied by the seller or lessor;
(f) need be made only to the extent applicable and only as to those items for which the seller or lessor makes a separate charge to the buyer or lessee;
(g) shall be made on the assumption that all scheduled pay ments will be made when due; and
(h) comply with this Part although rendered inaccurate by any act, occurrence, or agreement subsequent to the required disclosure.
(2) Except with respect to sales made by telephone or mail (Sec tion 57-2-305),
(a) the disclosures required by this Part shall be made before credit is extended, but may be made in the sale, refinancing, or consolidation agreement, lease, or other evidence of indebtedness to be signed by the buyer or lessee if set forth conspicuously there in, and need be made only to one buyer or lessee if there are more than one, and
(b) if an evidence of indebtedness is signed by the buyer or lessee, the seller or lessor shall give him a copy when the writing is signed.
(3) Except as provided with respect to rescission by a buyer (Sec tion 57-5-204) and civil liability for violations of disclosure provisions (subsection (4) of Section 57-5-203), written acknowledgment of receipt by a buyer or lessee to whom a statement is required to be given pur suant to this Part.
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429
(a) in an action or proceeding by or against the original seller or lessor, creates a presumption that the statement was given, and
(b) in an action or proceeding by or against an assignee without knowledge to the contrary when he acquires the obligation, is con clusive proof of the delivery of the statement and, unless the viola tion is apparent on the face of the statement, of compliance with this Part.
"57-2-303. Overstatement.--The disclosure of an amount or per centage which is greater than the amount or percentage required to be disclosed under this Part does not in itself constitute a violation of this Part if the overstatement is not materiallly misleading and is not used to avoid meaningful disclosure.
"57-2-304. Calculation of Rate to Be Disclosed.--
(1) Except as otherwise specifically provided, if a seller is required to give to a buyer a statement of the rate of the credit service charge, he shall state the rate in terms of an annual percentage rate as defined in subsection (2) or in terms of a corresponding nominal annual per centage rate as defined in subsection (3), whichever is appropriate.
(2) 'Annual percentage rate'
(a) with respect to a consumer credit sale other than one made pursuant to a revolving charge account is either
(i) that nominal annual percentage rate which, when ap plied to the unpaid balances of the amount financed calculated according to the actuarial method, will yield a sum equal to the amount of the credit service charge, or
(ii) that rate determined by any method prescribed by rule by the Administrator as a method which materially sim plifies computation while retaining reasonable accuracy as compared with the rate determined pursuant to subparagraph (i);
(b) with respect to a consumer credit sale made pursuant to a revolving charge account, is the quotient expressed as a percentage of the total credit service charge for the period to which it relates divided by the amount upon which the credit service charge for that period is based, multiplied by the number of these periods in a year.
(3) 'Corresponding nominal annual percentage rate' is the per centage or percentages used to calculate the credit service charge for one billing cycle or other period pursuant to a revolving charge account multiplied by the number of billing cycles or periods in a year.
(4) If a seller is permitted to make the same credit service charge
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for all amounts financed within a specified range (subsection (5) of Section 57-2-201) or for all balances within a specified range (subsection (2) of Section 57-2-207), he shall take the annual percentage rate or corresponding nominal annual percentage rate, whichever is appropri ate, as applied to the median amount of the range within which the actual amount financed or balance is included.
(5) A statement of rate complies with this Part if it does not vary from the accurately computed rate by more than the following toler-
(a) the annual percentage rate may be rounded to the nearest quarter of 1 percent for consumer credit sales payable in substan tially equal installments when a seller determines the total credit service charge on the basis of a single add-on, discount, periodic, or other rate, and the rate is converted into an annual percentage rate under procedures prescribed by rule by the Administrator;
(b) the Administrator may authorize by rule the use of rate tables or charts which may provide for the disclosure of annual percentage rates which vary from the rate determined in accord ance with paragraph (a) by not more than the tolerances the Ad ministrator may allow; the Administrator may not allow a toler ance greater than 8 percent of that rate except to simplify com pliance where irregular payments are involved; and
(c) in case a seller determines the annual percentage rate in a manner other than as described in paragraph (a) or (b), the Ad ministrator may authorize by rule other reasonable tolerances.
'57-2-305. Sales Made by Telephone or Mail.--
(1) With respect to a consumer credit sale, other than a sale made pursuant to a revolving charge account, if the seller receives a purchase order or offer by mail or telephone without personal solicitation, the seller complies with this Part if (a) he makes the disclosures at the time and in the manner provided in the general disclosure requirements and provisions (subsection (2) of Section 57-2-302), or (b) the seller's catalog or other printed material distributed to the public sets forth the cash price, the method of determining the deferred payment price, and the terms of financing, including the annual percentage rate, and before the first payment is due on the sale, he gives the information required by this Part including the notice prescribed in subsection (2).
(2) The notice shall be in writing and conspicuous and shall pro vide that if the buyer does not wish to make the purchase on credit, he, within 15 days after receiving the notice, may prepay the obligation as to that purchase for an amount stated or identified in the notice and avoid the payment of any credit service charge as to that purchase. A prepayment under this Section is subject to the provisions of this Act on prepayment, except that no credit service charge shall be made if prepayment in full is made within the period specified in the notice. Payment by mail is effective when posted.
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431
"57-2-306. Consumer Credit Sales Not Pursuant to Revolving Charge Account.--
(1) This Section applies to a consumer credit sale not made pur suant to a revolving charge account (Section 57-2-310).
(2) The seller shall give to the buyer the following information:
(a) brief description or identification of the goods, services, or interest in land;
(b) cash price of the goods, services, or interest in land, and any applicable sales, use, excise, transfer, or documentary stamp taxes not included in the cash price; if property and related services are sold as part of one transaction, the price of the property and services may be separately stated or combined;
(c) amount of the down payment and a statement of the por tion paid in money and the portion paid by an allowance for prop erty traded in; if there is a security interest in the property traded in which the seller agrees to discharge, the seller shall also state the amount which the seller agrees to pay to discharge the security interest and this amount may be deducted from the allow ance for property traded in;
(d) difference between the amount of cash price (paragraph (b)) and the amount of down payment (paragraph (c));
(e) amount paid or payable for registration, certificate of title or license fees, if not included in the cash price, and a description or identification of the fees;
(f) amount of official fees and taxes if not included in the cash price and a description or identification of them;
(g) brief description of insurance to be provided or paid for by the seller including the type and amount of the coverages, and if a separate charge is made, the amount of the charge;
(h) amount of other additional charges (Section 57-2-202), and a brief description or identification of them;
(i) amount financed (sum of amounts stated in paragraphs (d), (e), (f), (g), and (h));
(j) except in the cash of a sale of a dwelling when the credit service charge does not exceed 10 percent per year (Section 57-2-104), the amount of the credit service charge and the amount of the unpaid balance (amount financed plus credit service charge);
(k) rate of the credit service charge as applied to the amount
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financed in accordance with the provisions on calculation of rate (Section 57-2-304), except in the case of a credit service charge which does not exceed $5 when the amount financed does not ex ceed $75 or $7.50 when the amount financed exceeds $75;
(1) number of payments, amount of each payment, due date of first payment, and the due date of subsequent payments or interval between payments;
(m) default, delinquency, or similar charges payable in the event of late payments; and
(n) description of any security interest held or to be retained or acquired by the seller in connection with the extension of credit, and a clear identification of the property to which the security in terest relates.
"57-2-307. Refinancing.--If the seller refinances the balance owing with respect to a consumer credit sale, refinancing, or consolidation pur suant to the provisions on refinancing (Section 57-2-205), he shall state to the buyer the following:
(1) unpaid balance before refinancing;
(2) amount and brief itemization of rebates to which buyer would have been entitled if the debt had been prepaid pursuant to the provi sions on rebate upon prepayment (Section 57-2-210) on the date of re financing, except that for the purpose of computing this amount no minimum credit service charge (subsection (6) of Section 57-2-201) shall be allowed;
(3) amount and brief itemization of additional charges in connec tion with the refinancing and a brief indication of any change in the type or terms of insurance;
(4) amount financed resulting from the refinancing;
(5) amount of credit service charge;
(6) amount of unpaid balance;
(7) number of payments, amount of each payment, due date of first payment, and the due date of subsequent payments or interval between payments; and
(8) rate of the credit service charge as applied to the amount fi nanced in accordance with the provisions on calculation of rate (Section 57-2-304), except in the case of a credit service charge which does not exceed $5 when the amount financed does not exceed $75 or $7.50 when the amount financed exceeds $75.
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433
"57-2-308. Consolidation.--
(1) Except as provided in subsection (2), if the parties agree to consolidate an existing unpaid balance from a previous consumer credit sale, refinancing, or consolidation, with the amount financed from a subsequent consumer credit sale, refinancing, or consolidation, the seller shall state:
(a) with respect to the refinanced unpaid balance, the in formation required by the provisions on refinancing (subsections (1) through (4) of Section 57-2-307);
(b) with respect to the subsequent sale, the information re quired by the provisions on consumer credit sales other than re volving charge accounts (paragraphs (a) through (j) of subsection (2) of Section 57-2-306);
(c) the aggregate amount financed, the amount of the credit service charge, the amount of the unpaid balance, the number of payments, the amount of each payment, the due date of the first payment, and the due dates of subsequent payments or the interval between payments; and
(d) the rate of the credit service charge as applied to the ag gregate amount financed in accordance with the provisions on cal culation of rate (Section 57-2-304), except in the case of a credit service charge which does not exceed $5 when the aggregate amount financed does not exceed $75 or $7.50 when the amount financed exceeds $75.00.
(2) If a consumer credit sale is made pursuant to an agreement providing for the addition of the unpaid balance resulting from a subse quent sale to an existing unpaid balance resulting from a previous sale, and the buyer has approved in writing both the annual percentage rate or rates and the method of computing the credit service charge or charges,
(a) the information required to be given with respect to the subsequent sale (Section 57-2-306) may be given on or before the due date of the first installment under the consolidated schedule of payments; and
(b) with respect to the consolidation, the seller, on or before the due date of the first installment under the consolidated schedule of payments, shall state to the buyer the amount of the consolidated unpaid balance, the number of payments, amount of each payment, the due date of the first payment, and the due dates of subsequent payments or the interval between payments.
"57-2-309. Deferral.--If the seller makes a deferral pursuant to the provisions on deferral charges (Section 57-2-204), he shall state to the buyer, at the time of or promptly after the deferral:
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(1) amount deferred;
(2) any appropriate additional charges (Section 57-2-202);
(3) aggregate amount deferred, which is the sum of the amount in (1) and any unpaid amount included in (2);
(4) time to which payment is deferred; and
(5) amount and annual percentage rate of the deferral charge and when it is payable.
"57-2-310. Revolving Charge Accounts.--
(1) Before making a consumer credit sale pursuant to a revolving charge account, the seller shall give to the buyer the following in formation:
(a) conditions under which a credit service charge may be made, including the time period, if any, within which any credit extended may be repaid without incurring a credit service charge;
(b) method of determining the balance upon which a credit service charge will be computed;
(c) method of determining the amount of the credit service charge, including the periodic percentage or percentages used to calculate the credit service charge and the amount of any minimum credit service charge:
(d) corresponding nominal annual percentage rate (subsection (3) of Section 57-2-304); if more than one corresponding nominal annual percentage rate may be used, the amount of a balance to which each corresponding nominal annual percecntage rate applies shall also be stated;
(e) if the seller elects, he may also state either
(i) the average effective annual percentage rate of return received from revolving charge accounts for a representative period of time; or
(ii) if circumstances are such that the computation of a rate under subparagraph (i) would not be feasible or practical, or would be misleading or meaningless, a projected rate of re turn to be received from revolving charge accounts; the Ad ministrator shall prescribe rules, consistent with commonly accepted standards for accounting or statistical procedures, to carry out the purposes of this paragraph (e);
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435
(f) conditions under which additional charges may be made and the method by which they will be determined; and
(g) conditions under which the seller may retain or acquire a security interest in property to secure the balances resulting from sales made pursuant to the revolving charge account, and a de scription of the interest or interests which may be retained or acquired.
(2) If there is an outstanding balance owing at the end of the billing cycle or if a credit service charge is made with respect to the billing cycle, the seller shall give to the buyer the following information within a reasonable time after the end of the billing cycle:
(a) outstanding balance at the beginning of the billing cycle;
(b) cash price and date of each sale during the billing cycle and, unless previously furnished, a brief description or identifica tion of the goods or services sold;
(c) amount credited to the account during the billing cycle;
(d) amount of credit service charge and additional charges debited during the billing cycle, with an itemization or explanation to show the total amount of credit service charge, if any, due to the application of one or more periodic percentages and the amount, if any, imposed as a minimum charge;
(e) the periodic percentage used to calculate the credit service charge; if more than one periodic percentage is used, each per centage and the amount of the balance to which each applies:
(f) the balance on which the credit service charge is computed and a statement of how the balance is determined; if the balance is determined without first deducting all amounts credited during the period, that fact and the amounts credited shall also be stated;
(g) if the credit service charge for the billing cycle exceeds 504 for a monthly or longer billing cycle, or the pro rata part of 50$ for a billing cycle shorter than monthly, the credit service charge expressed as an annual percentage rate (paragraph (b) of subsection (2) of Section 57-2-304); if more than one periodic percentage is used to calculate the credit service charge, the seller, in lieu of stating a single annual percentage rate, may state more than one annual percentage rate and the amount of the balance to which each annual percentage rate applies;
(h) if the credit service charge for the billing cycle does not exceed 50$ for a monthly or longer billing cycle, or the pro rata part of 50<f for a billing cycle shorter than monthly, the correspond ing nominal annual percentage rate (subsection (3) of Section 57-2-304);
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(i) if the seller elects, the average effective annual percentage rate of return or the projected rate as prescribed in paragraph (e) of subsection (1);
(j) outstanding balance at the end of the billing cycle; and
(k) date by which or period within which payment must be made to avoid additional credit service charges.
"57-2-311. Consumer Leases.--With respect to a consumer lease the lessor shall give to the lessee the following information:
(1) brief description or identification of the goods:
(2) amount of any payment required at the inception of the lease;
(3) amount paid or payable for official fees, registration, certificate of title, or license fees or taxes;
(4) amount of other charges not included in the periodic payments and a brief description of the charges;
(5) brief description of insurance to be provided or paid for by the lessor, including the types and amounts of the coverages;
(6) number of periodic payments, the amount of each payment, the due date of the first payment, the due dates of subsequent payments or interval between payments, and the total amount payable by the lessee;
(7) statement of the conditions under which the lessee may termi nate the lease prior to the end of the term; and
(8) statement of the liabilities the lease imposes upon the lessee at the end of the term.
"57-2-312. Content of Periodic Statements.--A creditor who trans mits periodic statements in connection with any consumer credit sale not made pursuant to a revolving charge account shall set forth in each statement each of the following items:
(1) the annual percentage rate of the credit service charge with respect to each consumer credit sale to which the statement relates;
(2) the date by which or the period, if any, within which payment must be made in order to avoid further credit service charges or other charges; and
(3) to the extent the Administrator may require by rule as appro priate to the terms and conditions under which the consumer credit
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437
sale is made, the other items set forth in the provisions on disclosure with respect to revolving charge accounts (subsection (2) of Section 57-2-310).
"57-2-213. Advertising.--
(1) No seller or lessor shall engage in this State in false or mis leading advertising concerning the terms or conditions of credit with respect to a consumer credit sale or consumer lease.
(2) Without limiting the generality of subsection (1) and without requiring a statement of rate of credit service charge if the credit service charge is not more than $5 when the amount financed does not exceed $75, or $7.50 when the amount financed exceeds $75, an adver tisement with respect to a consumer credit sale made by the posting of a public sign, or by catalog, magazine, newspaper, radio, television, or similar mass media, is misleading if
(a) it states the rate of credit service charge and the rate is not stated in the form required by the provisions on calculation of rate to be disclosed (Section 57-2-304), or
(b) it states the dollar amounts of the credit service charge or installment payments, and does not also state the rate of any credit service charge and the number and amount of the installment payments.
(3) In this Section a catalog or multiple-page advertisement is con sidered a single advertisement if it clearly and conspicuously displays a credit terms table setting forth the information required by this Section.
(4) This Section imposes no liability on the owner or personnel, as such, of any medium in which an adverisement appears or through which it is disseminated.
(5) Advertising which complies wtih the Federal Consumer Credit Protection Act does not violate subsection (2).
PART 4
LIMITATIONS ON AGREEMENTS AND PRACTICES
"57-2-401. Scope.--This Part applies to consumer credit sales and consumer leases.
"57-2-402. Use of Mutiple Agreements.--A seller may not use mul tiple agreements with intent to obtain a higher credit service charge than would otherwise be permitted by this Article or to avoid disclosure of an annual percentage rate pursuant to the provisions on disclosure and advertising (Part 3). The excess amount of credit service charge provided for in agreements in violation of this Section is an excess
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charge for the purposes of the provisions on the effect of violations on rights of parties (Section 57-5-202) and the provisions on civil actions by Administrator (Section 57-6-113).
"57-2-403. Certain Negotiable Instruments Prohibited.--In a con sumer credit sale or consumer lease, other than a sale or lease primarily for an agricultural purpose, the seller or lessor may not take a nego tiable instrument other than a check as evidence of the obligation of the buyer or lessee. A holder is not in good faith if he takes a negotiable instrument with notice that it is issued in violation of this Section. A holder in due course is not subject to the liabilities set forth in the pro visions on the effect of violations on rights of parties (Section 57-5-202) and the provisions on civil actions by Administrator (Section 57-6-113).
"57-2-404. When Assignee Not Subject to Defenses.--
(1) With respect to a consumer credit sale or consumer lease, other than a sale or lease primarily for an agricultural purpose, an agree ment by the buyer or lessee not to assert against an assignee a claim or defense arising out of the sale or lease is enforceable only by an as signee not related to the seller or lessor who acquires the buyer's or lessee's contract in good faith and for value, who gives the buyer or lessee notice of the assignment as provided in this Section and who, within 3 months after the mailing of the notice of assignment, receives no written notice of the facts giving rise to the buyer's or lessee's claim or defense. This agreement is enforceable only with respect to claims or defenses which have arisen before the end of the 3-month period after notice was mailed. The notice of assignment shall be in writing and ad dressed to the buyer or lessee at his address as stated in the contract, identify the contract, describe the goods or services, state the names of the seller or lessor and buyer or lessee, the name and address of the as signee, the amount payable by the buyer or lessee and the number, amounts and due dates of the installments, and contain a conspicuous notice to the buyer or lessee that he has 3 months within which to notify the assignee in writing of any complaints, claims or defenses he may have against the seller or lessor and that if written notification of the complaints, claims or defenses is not received by the assignee within the 3-month period, the assignee will have the right to enforce the contract free of any claims or defenses the buyer or lessee may have against the seller or lessor which have arisen before the end of the 3-month period after notice was mailed.
(2) To the extent that under this Section an assignee is subject to claims or defenses of the buyer or lessee against the seller or lessor, the assignee's liability under this Section may not exceed the amount owning to the assignee at the time the claim or defense is asserted against the assignee and rights of the buyer or lessee under this Sec tion can only be asserted as a matter of defense to or set-off against a claim by the assignee.
"57-2-405. Balloon Payments.--With respect to a consumer credit sale, other than one primarily for an agricultural purpose or one pur suant to a revolving charge account, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the
FRIDAY, FEBRUARY 21, 1969
439
buyer has the right to refinance the amount of that payment at the time it is due without penalty. The terms of the refinancing shall be no less favorable to the buyer than the terms of the original sale. These provisions do not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the buyer.
"57-2-406. Restriction on Liability in Consumer Lease.--The obli gation of a lessee upon expiration of a consumer lease, other than one primarily for an agricultural purpose, may not exceed twice the average payment allocable to a monthly period under the lease. This limitation does not apply to charges for damages to the leased prop erty or for other default.
"57-2-407. Security in Sales or Leases.--(1) With respect to a con sumer credit sale, a seller may take a security interest in the property sold. In addition, a seller may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in land to which the goods are affixed or which is maintained, repaired or improved as a result of the sale of the goods or services, if in the case of a security interest in land the debt secured is $100 or more, or, in the case of a security interest in goods the debt secured is $300 or more. The seller may also take a security interest in any property of the buyer to secure the debt arising from a consumer credit sale primarily for an agricultural purpose. Ex cept as provided with respect to cross-collateral (Section 57-2-408), a seller may not otherwise take a security interest in property of the buyer to secure the debt arising from a consumer credit sale.
(2) With respect to a consumer lease other than a lease primarily for an agricultural purpose, a lessor may not take a security interest in property of the lessee to secure the debt arising from the lease.
(3) A security interest taken in violation of this Section is void.
(4) The amounts of $100 and $300 in subsection (1) are subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
"57-2-408. Cross-Collateral.--(1) In addition to contracting for a security interest pursuant to the provisions on security in sales or leases (Section 57-2-407), a seller in a consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller has an existing security interest in the other property. The seller may also contract for a se curity interest in the property sold in the subsequent sale as security for the previous debt.
(2) If the seller contracts for a security interest in other property pursuant to this Section, the rate of credit service charge thereafter on the aggregate unpaid balances so secured may not exceed that per mitted if the balances so secured were consolidated pursuant to the pro visions on consolidation involving a refinancing (subsection (1) of Sec tion 57-2-206). The seller has a reasonable time after so contracting to
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make any adjustments required by this Section. 'Seller' in this Section does not include an assignee not related to the original seller.
"57-2-409. Debt Secured by Cross-Collateral.--(1) If debts arising from two or more consumer credit sales, other than sales primarily for an agricultural purpose or pursuant to a revolving charge account, are secured by cross-collateral (Section 57-2-408) or consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the
amount of the debt secured by the various security interests, to have been first applied to the payment of the debt arising from the sales first made. To the extent debts are paid according to this Section, security interests in items of property terminate as the debts originally incurred with respect to each item is paid.
(2) Payments received by the seller upon a revolving charge ac count are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.
(3) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.
"57-2-410. No Assignment of Earnings.--A seller or lessor may not take an assignment of earnings of the buyer or lessee for payment or as security for payment of a debt arising out of a consumer credit sale or a consumer lease. An assignment of earnings in violation of this Section is unenforceable by the assignee of the earnings and re vocable by the buyer or lessee. This Section does not prohibit an em ployee from authorizing deductions from his earnings if the authoriza tion is revocable.
"57-2-411. Referral Sales.--With respect to a consumer credit sale or consumer lease the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for a sale or lease in consideration of his giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease. If a buyer or lessee is induced by a violation of this Section to enter into a consumer credit sale or consumer lease, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his option, may rescind the agreement or retain the goods delivered and the benefit of any services performed, without any obligation to pay for them.
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441
"57-2-412. Notice of Assignment.--The buyer or lessee is autho rized to pay the original seller or lessor until the buyer or lessee re ceives notification of assignment of the rights to payment pursuant to a consumer credit sale or consumer lease and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the buyer or lessee, the assignee must seasonably furnish reasonable proof that the assign ment has been made and unless he does so the buyer or lessee may pay the seller or lessor.
"57-2-413. Attorney's Fees.--With respect to a consumer credit sale or consumer lease the agreement may provide for the payment by the buyer or lessee of reasonable attorney's fees not in excess of 15 percent of the unpaid debt after default and referral to an attorney not a salaried employee of the seller, or of the lessor or his assignee. A provision in violation of this Section is unenforceable.
"57-2-414. Limitation on Default Charges.--Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a consumer credit sale may not provide for any charges as a result of default by the buyer other than those authorized by this Act. A provision in violation of this Section is unenforceable.
"57-2-415. Authorization to Confess Judgment Prohibited.--A buy er or lessee may not authorize any person to confess judgment on a claim arising out of a consumer credit sale or consumer lease. An authorization in violation of this Section is void.
"57-2-416. Change in Terms of Revolving Charge Accounts.--(1) If a seller makes a change in the terms of a revolving charge account without complying with this Section, any additional cost or charge to the buyer resulting from the change is an excess charge and subject to the remedies available to debtors (Section 57-5-202) and to the Ad ministrator (Section 57-6-113).
(2) A seller may change the terms of a revolving charge account whether or not the change is authorized by prior agreement. Except as provided in subsection (3), the seller shall give to the buyer written notice of any change at least three times, with the first notice at least six months before the effective date of the change.
(3) The notice specified in subsection (2) is not required if
(a) the buyer after receiving notice of the change agrees in writing to the change;
(b) the buyer elects to pay an amount designated on a billing statement (subsection (2) of Section 57-2-310) as including a new charge for a benefit offered to the buyer when the benefit and charge constitute the change in terms and when the billing state ment also states the amount payable if the new charge is excluded;
(c) the change involves no significant cost to the buyer;
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(d) the buyer has previously consented in writing to the kind of change made and notice of the change is given to the buyer in two billing cycles prior to the effective date of the change; or
(e) the change applies only to purchases made or obligations incurred after a date specified in a notice of the change given in two billing cycles prior to the effective date of the change.
(4) The notice provided for in this Section is given to the buyer when mailed to him at the address used by the seller for sending pe riodic billing statements.
PART 5
HOME SOLICITATION SALES
"57-2-501. Definition: 'Home Solicitation Sale'.--'Home solicita tion sale' means a consumer credit sale of goods, other than farm equipment, or services in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence of the buyer and the buyer's agreement or offer to purchase is there given to the seller or person acting for him. It does not include a sale made pur suant to a preexisting revolving charge account, or a sale made pur suant to prior negotiations between the parties at a business establish ment at a fixed location where goods or services are offered or ex hibited for sale.
"57-2-502. Buyer's Right to Cancel.-- (1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with this Part.
(2) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase.
(3) Notice of cancellation, to be effective, shall be given by regis tered or certified mail addressed to the seller as provided in subsection (2), and shall be deemed to have been given when the same is de posited in the United States mails properly so addressed and with postage prepaid.
(4) Notice of cancellation given by the buyer need not take a par ticular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
(5) The buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and
FRIDAY, FEBRUARY 21, 1969
443
(a) the seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of can cellation, and
(b) in the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.
(6) If a home solicitation sale is also subject to the provisions on debtor's right to rescind certain transactions (Section 57-5-204), the buyer may proceed either under those provisions or under this Part.
"57-2-503. Form of Agreement or Offer; Statement of Buyer's Rights.--(1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer's rights which complies with subsection (2).
(2) The statement must
(a) appear under the conspicuous caption: 'BUYER'S RIGHT TO CANCEL', and
(b) read as follows: 'If this agreement was solicited at your residence and you do not want the goods or services, you may can cel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to:---------_--__ (insert name and mailing address of seller) _---------- --__--_.,,.....,,...--.....,,.,,.----..._--__,,._...___--. If you cancel, the seller may keep all or part of your cash down payment'.
(3) Until the seller has complied with this Section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel.
"57-2-504. Restoration of Down Payment; Retention of Cancella tion Fee.--(1) Except as provided in this Section, within 10 days after a home solicitation sale has been cancelled or an offer to purchase revoked, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(2) If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the good as provided by this Section, the buyer may elect to recover an amount equal to the tradein allowance stated in the agreement.
(3) The seller may retain as a cancellation fee 5 percent of the
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cash price but not exceeding the amount of the cash down payment. If the seller fails to comply with an obligation imposed by this Section, or if the buyer avoids the sale on any ground independent of his right to cancel provided by the provisions on the buyer's right to cancel (sub section (1) of Section 57-2-502) or revokes his offer to purchase, the seller is not entitled to retain a cancellation fee.
(4) Until the seller has complied with the obligations imposed by this Section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.
"57-2-505. Duty of Buyer; No Compensation for Services Prior to Cancellation.--(1) Except as provided by the provisions on retention of goods by the buyer (subsection (4) of Section 57-2-504), within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but he is not obligated to tender at any place other than his residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this Section, 40 days is presumed to be a reasonable time.
(2) The buyer has a duty to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk.
(3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation except the cancellation fee provided in this Part.
PART 6
SALES OTHER THAN CONSUMER CREDIT SALES
"57-2-601. Sales Subject to Act by Agreement of Parties.--The parties to a sale other than a consumer credit sale may agree in a writ ing signed by the parties that the sale is subject to the provisions of this Act applying to consumer credit sales. If the parties so agree, the sale is a consumer credit sale for the purposes of this Act.
"57-2-602. Definition: 'Consumer Related Sale'; Rate of Credit Service Charge.--(1) A 'consumer related sale' is a sale of goods, services, or an interest in land which is not subject to the provisions of this Act applying to consumer credit sales and in which the amount financed does not exceed $25,000 if
(a) the buyer is a person other than an organization, or
(b) the debt is secured primarily by a security interest in a
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445
one or two family dwelling occupied by a person related to the debtor.
(2) With respect to a consumer related sale not made pursuant to a revolving charge account, the parties may contract for the payment by the buyer of an amount comprising the amount financed and a credit service charge not in excess of 18 percent per year calculated accord ing to the actuarial method on the unpaid balances of the amount fi nanced.
(3) With respect to a consumer related sale made pursuant to a revolving charge account, the parties may contract for the payment of a credit service charge not in excess of that permitted by the pro visions on credit service charge for revolving charge accounts (Section
57-2-207).
(4) The amount of $25,000 in subsection (1) is subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
"57-2-603. Applicability of Other Provisions to Consumer Related Sales.--Except for the rate of the credit service charge and the rights to prepay and to rebate upon prepayment, the provisions of Part 2 of this Article apply to a consumer related sale.
"57-2-604. Limitation on Default Charges in Consumer Related Sales.--(1) The agreement with respect to a consumer related sale may provide for only the following charges as a result of the buyer's default:
(a) reasonable attorney's fees and reasonable expenses incur red in realizing on a security interest;
(b) deferral charges not in excess of 18 percent per year of the amount deferred for the period of deferral; and
(c) other charges that could have been made had the sale been a consumer credit sale.
(2) A provision in violation of this Section is unenforceable.
"57-2-605. Credit Service Charge for Other Sales.--With respect to a sale other than a consumer credit sale or a consumer related sale, the parties may contract for the payment by the buyer of any credit service charge."
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"CHAPTER 57-3 ARTICLE 3 LOANS
PART 1
GENERAL PROVISIONS
"57-3-101. Short Title.--This Article shall be known and may be cited as Uniform Consumer Credit Code--Loans.
"57-3-102. Scope.--This Article applies to consumer loans includ ing regulated and supervised loans; in addition Part 6 applies to con sumer related loans.
"57-3-103. Definitions in Article.--The following definitions apply to this Act and appear in this Article as follows:
'Annual percentage rate'--Section 57-3-304 (3)
'Consumer loan'--Service 57-3-104 'Consumer related loan'--Section 57-3-602 (1)
'Corresponding nominal annual percentage rate'--Section 57-3-304 (3)
'Lender'--Section 57-3-107 (1) 'Loan'--Section 57-3-106
'Loan finance charge'--Section 57-3-109
'Loan primarily secured by an interest in land'--Section 57-3-105 'Precomputed'---Section 57-3-107 (2)
'Principal'--Section 57-3-107 (3) 'Regulated lender'--Section 57-3-501 (2)
'Regulated loan'--Section 57-3-501 (1)
'Revolving loan account'--Section 57-3-108 'Supervised lender'--Section 57-3-501 (4)
'Supervised loan'--Section 57-3-501 (3)
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447
"57-3-104. Definition: 'Consumer Loan'.--(1) Except with respect to a loan primarily secured by an interest in land (Section 57-3-105), 'consumer loan' is a loan made by a person regularly engaged in the business of making loans in which
(a) the debtor is a person other than an organization;
(b) the debt is incurred primarily for a personal, family, house hold, or agricultural purpose;
(c) either the debt is payable in installments or a loan finance charge is made; and
(d) either the principal does not exceed $25,000 or the debt is secured by an interest in land.
(2) The amount of $25,000 in subsection (1) is subject to change pursuant to the provisions on adjustment of dollar amount (Section 57-1-106).
"57-3-105. Definition: 'Loan Primarily Secured by an Interest in Land'.--Unless the loan is made subject to this Act by agreement (Sec tion 57-3-601), and except as provided with respect to disclosure (Sec tion 57-3-301) and debtors' remedies (Section 57-5-201), 'consumer loan' does not include a 'loan primarily secured by an interest in land', if at the time the loan is made the value of this collateral is substan tial in relation to the amount of the loan, and the loan finance charge does not exceed 10 per cent per year calculated according to the actu arial method on the unpaid balances of the principal on the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term.
"57-3-106. Definition: 'Loan'.--'Loan' includes
(1) the creation of debt by the lender's payment of or agreement to pay money to the debtor or to a third party for the account of the debtor;
(2) the creation of debt by a credit to an account with the lender upon which the debtor is entitled to draw immediately;
(3) the creation of debt pursuant to a lender credit card or similar arrangement; and
(4) the forbearance of debt arising from a loan.
"57-3-107. Definitions: 'Lender'; 'Precomputed'; 'Principal'.--(1) Except as otherwise provided, 'lender' includes an assignee of the lender's right to payment but use of the term does not in itself impose on an assignee any obligation of the lender with respect to events oc curring before the assignment.
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(2) A loan, refinancing, or consolidation is 'precomputed' if the debt is expressed as a sum comprising the principal and the amount of the loan finance charge computed in advance.
(3) 'Principal' of a loan means the total of
(a) the net amount paid to, receivable by, or paid or payable for the account of the debtor,
(b) the amount of any discount excluded from the loan finance charge (subsection (2) of Section 57-3-109), and,
(c) to the extent that payment is deferred,
(i) amounts actually paid or to be paid by the lender for registration, certificate of title, or license fees if not included in (a), and
(ii) additional charges permitted by this Article (Section 57-3-202).
"57-3-108. Definition: 'Revolving Loan Account'.--'Revolving loan account' means an arrangement between a lender and a debtor pursuant to which (1) the lender may permit the debtor to obtain loans from time to time, (2) the unpaid balances of principal and the loan finance and other appropriate charges are debited to an account, (3) a loan finance charge if made is not precomputed but is computed on the outstanding unpaid balances of the debtor's account from time to time, and (4) the debtor has the privilege of paying the balances in install
ments.
"57-3-109. Definition: 'Loan Finance Charge'.--(1) 'Loan finance charge' means the sum of (a) all charges payable directly or indirectly by the debtor and imposed directly or indirectly by the lender as an incident to the extension of credit, including any of the following types of charges which are applicable: interest or any amount payable under a point, discount or other system of charges, however denominated, other charge for any guarantee protecting the lender against the debtor's default or other credit loss; and (b) charges incurred for in vestigating the collateral or credit-worthiness of the debtor or for com missions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the lender had no notice of the charges when the loan was made. The term does not in clude charges as a result of default, additional charges (Section 57-3202), delinquency charges (Section 57-3-203), or deferral charges (Sec tion 57-3-204) or official fees (Section 57-1-301).
(2) If a lender makes a loan to a debtor by purchasing or satisfy ing obligations of the debtor pursuant to a lender service card or similar arrangement, and the purchase or satisfaction is made at less than the face amount of the obligation, the discount is not part of the loan finance charge.
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449
PART 2
MAXIMUM CHARGES
"57-3-201. Loan Finance Charge for Consumer Loans Other Than Supervised Loans.--(1) With respect to a consumer loan other than a supervised loan (Section 57-3-501), a lender may contract for and receive a loan finance charge, calculated according to the actuarial method, not exceeding 18 percent per year on the unpaid balances of the principal.
(2) This Section does not limit or restrict the manner of contract ing for the loan finance charge, whether by way of add-on, discount, or otherwise, so long as the rate of the loan finance charge does not exceed that permitted by this Section. If the loan is precomputed,
(a) the loan finance charge may be calculated on the assump tion that all scheduled payments will be made when due, and
(b) the effect of prepayment is governed by the provisions on rebate upon prepayment (Section 57-3-210).
(3) For the purposes of this Section, the term of a loan com mences with the date the loan is made. Differences in the lengths of months are disregarded and a day may be counted as l/30th of a month. Subject to classifications and differentiations the lender may reasonably establish, a part of a month in excess of 15 days may be treated as a full month if periods of 15 days or less are disregarded and if that procedure is not consistently used to obtain a greater yield than would otherwise be permitted.
(4) With respect to a consumer loan made pursuant to a revolving loan account
(a) the loan finance charge shall be deemed not to exceed 18 percent per year if the loan finance charge contracted for and re ceived does not exceed a charge in each monthly billing cycle which is 1% percent of an amount no greater than
(i) the average daily balance of the debt,
(ii) the unpaid balance of the debt on the same day of the billing cycle, or
(iii) subject to subsection (5), the median amount within a specified range within which the average daily balance or the unpaid balance of the debt, on the same day of the billing cycle, is included; for the purposes of this subparagraph and subparagraph (ii), a variation of not more than 4 days from month to month is 'the same day of the billing cycle';
(b) if the billing cycle is not monthly, the loan finance charge
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shall be deemed not to exceed 18 percent per year if the loan finance charge contracted for and received does not exceed a per centage which bears the same relation to 1% percent as the num ber of days in the billing cycle bears to 30; and
(c) notwithstanding subsection (1), if there is an unpaid balance on the date as of which the loan finance charge is applied, the lender may contract for and receive a charge not exceeding 504 if the billing cycle is monthly or longer, or the pro rata part of 50^ which bears the same relation to 50<t as the number of days in the billing cycle bears to 30 if the billing cycle is shorter than monthly, but no charge may be made pursuant to this paragraph if the lender has made an annual charge for the same period as permitted by the provisions on additional charges (paragraph (c) of subsection (1) of Section 57-3-202).
(5) Subject to classifications and differentiations the lender may reasonably establish, he may make the same loan finance charge on all amounts financed within a specified range. A loan finance charge so made does not violate subsection (1) if
(a) when applied to the median amount within each range, it does not exceed the maximum permitted by subsection (1), and
(b) when applied to the lowest amount within each range, it does not produce a rate of loan finance charge exceeding the rate calculated according to paragraph (a) by more than 8 percent of the rate calculated according to paragraph (a).
"57-3-202. Additional Charges.-- (1) In addition to the loan finance charge permitted by this Part, a lender may contract for and receive the following additional charges in connection with a consumer loan:
(a) official fees and taxes;
(b) charges for insurance as described in subsection (2);
(c) annual charges, payable in advance, for the privilege of using a lender credit card or similar arrangement which entitles the user to purchase goods or services from at least 100 persons not related to the issuer of the lender credit card or similar arrange ment, under an arrangement pursuant to which the debts resulting from the purchases are payable to the issuer; and
(d) charges for other benefits, including insurance, conferred on the debtor if the benefits are of value to him and if the charges are reasonable in relation to the benefits, are of a type which is not for credit, and are excluded as permissible additional charges from the loan finance charge by rule adopted by the Administrator.
(2) An additional charge may be made for insurance written in connection with the loan,
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451
(a) with respect to insurance against loss of damage to prop erty or against liability, if the lender furnishes a clear and specific statement in writing to the debtor, setting forth the cost of the insurance if obtained from or through the lender, and stating that the debtor may choose the person through whom the insurance is
to be obtained; and,
(b) with respect to consumer credit insurance providing life, accident, or health coverage, if the insurance coverage is not a factor in the approval by the lender of the extension of credit, and this fact is clearly disclosed in writing to the debtor, and if, in order to obtain the insurance in connection with the extension of credit, the debtor gives specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof.
(3) For the purposes of the Part on Disclosure and Advertising (Part 3), if the loan finance charge with respect to a loan primarily secured by an interest in land does not exceed 10 percent per year (Section 57-3-105) reasonable closing costs even though not within sub section (1) may be treated as additional charges.
"57-3-203. Delinquency Charges.--(1) With respect to a precomputed consumer loan, refinancing, or consolidation, the parties may con tract for a delinquency charge on any installment not paid in full within 5 days after its scheduled due date in an amount not exceeding the greater of
(a) $2 or an amount, not exceeding $5, which is 5 percent of the unpaid amount of the installment, or
(b) the deferral charge (subsection (1) of Section 57-3-204) that would be permitted to defer the unpaid amount of the install ment for the period that it is delinquent.
(2) A delinquency charge under paragraph (a) of subsection (1) may be collected only once on an installment however long it remains in default. No delinquency charge may be collected if the installment has been deferred and a deferral charge (Section 57-3-204) has been paid or incurred. A delinquency charge may be collected at the time it accrues or at any time thereafter.
(3) No delinquency charge may be collected on an installment which is paid in full within 5 days after its scheduled installment due date.
(4) If two installments or parts thereof of a precomputed loan are in default for 5 days or more, the lender may elect to convert the loan from a precomputed loan to one in which the loan finance charge is based on unpaid balances. In this event he shall make a rebate pur suant to the provisions on rebate upon prepayment (Section 57-3-210) as of the maturity date of the first delinquent installment, and there after may make a loan finance charge as authorized by the provisions on loan finance charge for consumer loans (Section 57-3-201) or the
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provisions on loan finance charge for supervised loans (Section 57-3508), whichever is appropriate. The amount of the rebate shall not be reduced by the amount of any permitted minimum charge (Section 57-3-210). If the lender proceeds under this subsection, any delinquency or deferral charges made with respect to installments due at or after the maturity date of the first delinquent installment shall be rebated, and no further delinquency or deferral charges shall be made.
(5) The amounts of $2 and $5 in subsection (1) are subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
"57-3-204. Deferral Charges.--(1) With respect to a precomputed consumer loan, refinancing, or consolidation, the parties before or after default may agree in writing to a deferral of all or part of one or more unpaid installments, and the lender may make and collect a charge not exceeding the rate previously stated to the debtor pursuant to the provisions on disclosure (Part 3) applied to the amount or amounts deferred for the period of deferral calculated without regard to differences in the lengths of months, but proportionally for a part of a month, counting each day as l/30th of a month. A deferral charge may be collected at the time it is assessed or at any time thereafter.
(2) The lender, in addition to the deferral charge, may make ap.propriate additional charges (Section 57-3-202), and the amount of these charges which is not paid in cash may be added to the amount deferred for the purpose of calculating the deferral charge.
(3) The parties may agree in writing at the time of a precomputed consumer loan, refinancing, or consolidation that if an installment is not paid within 5 days after its due date, the lender may unilaterally grant a deferral and make charges as provided in this Section. No deferral charge may be made for a period after the date that the lender elects to accelerate the maturity of the agreement.
(4) A delinquency charge made by the lender on an installment may not be retained if a deferral charge is made pursuant to this Section with respect to the period of delinquency.
"57-3-205. Loan Finance Charge on Refinancing.--With respect to a consumer loan, refinancing, or consolidation, the lender may by agree ment with the debtor refinance the unpaid balance and may contract for and receive a loan finance charge based on the principal resulting from the refinancing at a rate not exceeding that permitted by the provisions on loan finance charge for consumer loans (Section 57-3-201) or the provisions on loan finance charge for supervised loans (Section 57-3-508), whichever is appropriate. For the purpose of determining the loan finance charge permitted, the principal resulting from the re financing comprises the following:
(1) if the transaction was not preeomputed, the total of the un paid balance and the accrued charges on the date of the refinancing, or, if the transaction was precomputed, the amount which the debtor
FRIDAY, FEBRUARY 21, 1969
453
would have been required to pay upon prepayment pursuant to the pro visions on rebate upon prepayment (Section 57-3-210) on the date of refinancing; and
(2) appropriate additional charges (Section 57-3-202), payment of which is deferred.
"57-3-206. Loan Finance Charge on Consolidation.--(1) If a debtor owes an unpaid balance to a lender with respect to a consumer loan, refinancing, or consolidation, and becomes obligated on another con sumer loan, refinancing, or consolidation with the same lender, the parties may agree to a consolidation resulting in a single schedule of payments. If the previous consumer loan, refinancing, or consolida tion was not precomputed, the parties may agree to add the unpaid amount of principal and accrued charges on the date of consolidation to the principal with respect to the subsequent loan. If the previous consumer loan, refinancing, or consolidation was precomputed, the parties may agree to refinance the unpaid balance pursuant to the pro visions on refinancing (Section 57-3-205) and to consolidate the prin cipal resulting from the refinancing by adding it to the principal with respect to the subsequent loan. In either case the lender may contract for and receive a loan finance charge based on the aggregate principal resulting from the consolidation at a rate not in excess of that per mitted by the provisions on loan finance charge for consumer loans (Section 57-3-201) or the provisions on loan finance charge for super vised loans (Section 57-3-508), whichever is appropriate.
(2) The parties may agree to consolidate the unpaid balance of a consumer loan with the unpaid balance of a consumer credit sale. The parties may agree to refinance the previous unpaid balance pursuant to the provisions on refinancing sales (Section 57-2-205) or the provisions on refinancing loans (Section 57-3-205), whichever is appropriate, and to consolidate the amount financed resulting from the refinancing or the principal resulting from the refinancing by adding it to the amount financed or principal with respect to the subsequent sale or loan. The aggregate amount resulting from the consolidation shall be deemed principal, and the creditor may contract for and receive a loan finance charge based on the principal at a rate not in excess of that permitted by the provisions on loan finance charge for consumer loans (Section 57-3-201) or the provisions on loan finance charge for supervised loans (Section 57-3-508), whichever is appropriate.
"57-3-207. Conversion to Revolving Loan Account.--The parties may agree to add to a revolving loan account the unpaid balance of a con sumer loan, not made pursuant to a revolving loan account, or a re financing, or consolidation thereof, or the unpaid balance of a con sumer credit sale, refinancing or consolidation. For the purpose of this Section
(1) the unpaid balance of a consumer loan, refinancing, or con solidation is an amount equal to the principal determined according to the provisions on refinancing (Section 57-3-205); and
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(2) the unpaid balance of a consumer credit sale, refinancing, or consolidation is an amount equal to the amount financed determined according to the provisions on refinancing (Section 57-2-205).
"57-3-208. Advances to Perform Covenants of Debtor.--(1) If the agreement with respect to a consumer loan, refinancing, or consolida tion contains covenants by the debtor to perform certain duties pertain ing to insuring or preserving collateral and if the lender pursuant to the agreement pays for performance of the duties on behalf of the debtor, the lender may add the amounts paid to the debt. Within a reasonable time after advancing any sums, he shall state to the debtor in writing the amount of the sums advanced, any charges with respect to this amount, and any revised payment schedule, and, if the duties of the debtor performed by the lender pertain to insurance, a brief description of the insurance paid for by the lender including the type and amount of coverages. No further information need be given.
(2) A loan finance charge may be made for sums advanced pur suant to subsection (1) at a rate not exceeding the rate stated to the debtor pursuant to the provisions on disclosure (Part 3) with re spect to the loan, refinancing, or consolidation, except that with respect to a revolving loan account the amount of the advance may be added to the unpaid balance of the debt and the lender may make a loan finance charge not exceeding that permitted by the provisions on loan finance charge for consumer loans (Section 57-3-201) or for super vised loans (Section 57-3-508), whichever is appropriate.
"57-3-209. Right to Prepay.--Subject to the provisions on rebate upon prepayment (Section 57-3-210), the debtor may prepay in full the unpaid balance of a consumer loan, refinancing, or consolidation at any time without penalty.
"57-3-210. Rebate Upon Prepayment.--(1) Except as provided in subsection (2), upon prepayment in full of the unpaid balance of a precomputed consumer loan, refinancing, or consolidation, an amount not less than the unearned portion of the loan finance charge calculated according to this Section shall be rebated to the debtor. If the rebate otherwise required is less than $1, no rebate need be made.
(2) Upon prepayment in full of a consumer loan, other than one pursuant to a revolving loan account, a refinancing or consolidation, whether or not precomputed, the leader may collect or retain a mini mum charge within the limits stated in this subsection if the loan fi nance charge earned at the time of prepayment is less than any mini mum charge contracted for. The minimum charge may not exceed an amount which is the greater of either $10 or an amount, not exceeding $25, which is 5 percent of the principal.
(3) Except as otherwise provided in this subsection with respect to a loan primarily secured by an interest in land, the unearned portion of the loan finance charge is a fraction of the loan finance charge of which the numerator is the sum of the periodic balances scheduled to follow the computational period in which prepayment occurs, and the denominator is the sum of all periodic balances under either the loan
FRIDAY, FEBRUARY 21, 1969
45B
agreement or, if the balance owing resulted from a refinancing (Section 57-3-205) or a consolidation (Section 57-3-206), under the refinancing agreement or consolidation agreement. In the case of a loan primarily secured by an interest in land, reasonable sums actually paid or pay able to persons not related to the lender for customary closing costs in cluded in the loan finance charge are deducted from the loan finance charge before the calculation prescribed by this subsection is made.
(4) In this Section
(a) 'periodic balance' means the amount scheduled to be out standing on the last day of a computational period before deduct ing the payment, if any, scheduled to be made on that day;
(b) 'computational period' means one month if one-half or more of the intervals between scheduled payments under the agree ment is one month or more, and otherwise means one week;
(c) the 'interval' to the due date of the first scheduled install ment or the final scheduled payment date is measured from the date of the loan, refinancing, or consolidation, and includes either the first or last day of the interval;
(d) if the interval to the due date of the first scheduled in stallment does not exceed one month by more than 15 days when the computational period is one month, or 11 days when the com putational period is one week, the interval shall be considered as one computational period.
(5) This subsection applies only if the schedule of payments is not regular.
(a) If the computational period is one month and
(i) if the number of days in the intervals to the due date of the first scheduled installment is less than one month by more than 5 days, or more than one month by more than 5 but not more than 15 days, the unearned loan finance charge shall be increased by an adjustment for each day by which the interval is less than one month and, at the option of the lender, may be reduced by an adjustment for each day by which the interval is more than one month; the adjustment for each day shall be l/30th of that part of the loan finance charge earned in the computational period prior to the due date of the first scheduled installment assuming that period to be one month; and
(ii) if the interval to the final scheduled payment date is a number of computational periods plus an additional num ber of days less than a full month, the additional number of days shall be considered a computational period only if 16 days or more. This subparagraph applies whether or not subparagraph (i) applies.
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(b) Notwithstanding paragraph (a), if the computational pe riod is one month, the number of days in the interval to the due date of the first installment exceeds one month by not more than 15 days, and the schedule of payments is otherwise regular, the lender at his option may exclude the extra days and the charge for the extra days in computing the unearned loan finance charge; but if he does so and a rebate is required before the due date of the first scheduled installment, he shall compute the earned charge for each elapsed day as l/30th of the amount the earned charge would have been if the first interval had been one month.
(c) If the computational period is one week and
(i) if the number of days in the interval to the due date of the first scheduled installment is less than 5 days, or more than 9 days but not more than 11 days, the unearned loan finance charge shall be increased by an adjustment for each day by which the interval is less than 7 days and, at the option of the lender, may be reduced by an adjustment for each day by which the interval is more than 7 days; the ad justment for each day shall be I/7th of that part of the loan finance charge earned in the computational period prior to the due date of the first scheduled installment assuming that pe riod to be one week; and
(ii) if the interval to the final scheduled payment date is a number of computational periods plus an additional number of days less than a full week, the additional number of days shall be considered a computational period only if 4 days or more. This subparagraph applies whether or not subparagraph (i) applies.
(6) If a deferral (Section 57-3-204) has been agreed to, the un earned portion of the loan finance charge shall be computed without regard to the deferral. The amount of deferral charge earned at the date of prepayment shall also be calculated. If the deferral charge earned is less than the deferral charge paid, the difference shall be added to the unearned portion of the loan finance charge. If any part of a deferral charge has been earned but has not been paid, that part shall be subtracted from the unearned portion of the loan finance charge or shall be added to the unpaid balance.
(7) This Section does not preclude the collection or retention by the lender of delinquency charges (Section 57-3-203).
(8) If the maturity is accelerated for any reason and judgment is obtained, the debtor is entitled to the same rebate as if the payment had been made on the date judgment is entered.
(9) Upon prepayment in full of a consumer loan by the proceeds of consumer credit insurance (Section 57-4-103), the debtor or his estate is entitled to the same rebate as though the debtor had prepaid the agreement on the date the proceeds of the insurance are paid to the
FRIDAY, FEBRUARY 21, 1969
457
lender, but no later than 10 business days after satisfactory proof of loss is furnished to the lender.
(10) The amount of $10 and $25 in subsection 2 are subject to change pursuant to the provision or adjustment of dollar amounts (Section 57-1-106).
PART 3.
DISCLOSURE AND ADVERTISING
"57-3-301. Applicability; Information Required.--(1) For purposes of this Part, consumer loan includes a loan secured primarily by an interest in land without regard to the rate of the loan finance charge if the loan is otherwise a consumer loan (Section 57-3-105).
(2) The lender shall disclose to the debtor to whom credit is ex tended with respect to a consumer loan the information required by either
(a) this Part, or
(b) except with respect to a consumer loan secured primarily by an interest in land, the Federal Consumer Credit Protection Act.
(3) For the purposes of paragraph (b) of subsection (2), informa tion which would otherwise be required pursuant to the Federal Con sumer Credit Protection Act is sufficient even though the transaction is one of a class of credit transactions exempted from that Act pur suant to regulation of the Board of Governors of the Federal Reserve System.
"57-3-302. General Disclosure Requirements and Provisions.--
(1) The disclosures required by this Part
(a) shall be made clearly and conspicuously;
(b) shall be in writing, a copy of which shall be delivered to the debtor;
(c) may use terminology different from that employed in this Part if it conveys substantially the same meaning;
(d) except as the rules adopted by the Administrator other wise prescribe, need not be contained in a single writing or made in the order set forth in this Part;
(e) may be supplemented by additional information or explana tions supplied by the lender;
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JOURNAL OF THE SENATE,
(f) need be made only to the extent applicable and only as to those items for which the lender makes a separate charge to the debtor;
(g) shall be made on the assumption that all scheduled pay ments will be made when due; and
(h) comply with this Part although rendered inaccurate by any act, occurrence, or agreement subsequent to the required disclosure.
(2) Except with respect to loans made by telephone or mail (Sec tion 57-3-305), loans made pursuant to a binding commitment (subsec tion (3) of Section 57-3-306), and loans made pursuant to a lender credit card (Section 57-3-310),
(a) the disclosures required by this Part shall be made before credit is extended, but may be made in the loan, refinancing, or consolidation agreement, or other evidence of indebtedness to be signed by the debtor if set forth conspicuously therein, and need be made only to one debtor if there are more than one, and
(b) if an evidence of indebtedness is signed by the debtor, the lender shall give him a copy when the writing is signed.
(3) Except as provided with respect to rescission by a debtor (Section 57-5-204) and civil liability for violations of disclosure pro visions (subsection (4) of Section 57-5-203), written acknowledgment of receipt by a debtor to whom a statement is required to be given pur suant to this Part
(a) in an action or proceeding by or against the original lender, creates a presumption that the statement was given, and
(b) in an action or proceeding by or against an assignee with out knowledge to the contrary when he acquires the obligation, is conclusive proof of the delivery of the statement and, unless the violation is apparent on the face of the statement, of compliance with this Part.
"57-3-303. Overstatement.--The disclosure of an amount or per centage which is greater than the amount or percentage required to be disclosed under this Part does not in itself constitute a violation of this Part if the overstatement is not materially misleading and is not used to avoid meaningful disclosure.
"57-3-304. Calculation of Rate to be Disclosed.--(1) Except as otherwise specifically provided, if a lender is required to give to a debtor a statement of the rate of the loan finance charge he shall state the rate in terms of an annual percentage rate as defined in subsection (2) or in terms of a corresponding nominal annual percentage rate as de fined in subsection (3), whichever is appropriate.
FRIDAY, FEBRUARY 21, 1969
459
(2) 'Annual percentage rate'
(a) with respect to a consumer loan other than one made pur suant to a revolving loan account, is either
(i) that nominal annual percentage rate which, when ap plied to the unpaid balance of the principal calculated accord ing to the actuarial method, will yield a sum equal to the amount of the loan finance charge, or
(ii) that rate determined by any method prescribed by rule by the Administrator as a method which materially simpli fies computation while retaining reasonable accuracy as com pared with the rate determined pursuant to subparagraph (i);
(b) with respect to a consumer loan made pursuant to a re volving loan account, is the quotient expressed as a percentage of the total loan finance charge for the period to which it relates divided by the amount upon which the loan finance charge for that period is based, multiplied by the number of these periods in a year.
(3) 'Corresponding nominal annual percentage rate' is the per centage or percentages used to calculate the loan finance charge for one billing cycle or other period pursuant to a revolving loan account multiplied by the number of billing cycles or periods in a year.
(4) If a lender is permitted to make the same loan finance charge for all principal amounts within a specified range (subsection (5) of Section 57-3-201) or for all balances within a specified range (subsec tion (4) of Section 57-3-201 and subsection (5) of Section 57-3-508), he shall state the annual percentage rate or corresponding nominal annual percentage rate, whichever is appropriate, as applied to the median amount of the range within which the actual principal amount or balance is included.
(5) A statement of rate complies with this Part if it does not vary from the accurately computed rate by more than the following toler ances :
(a) the annual percentage rate may be rounded to the near est quarter of 1 percent for consumer loans payable in substan tially equal installments when a lender determines the total loan finance charge on the basis of a single add-on, discount, periodic, or other rate, and the rate is converted into an annual percentage rate under procedures prescribed by rule by the Administrator;
(b) The Administrator may authorize by rule the use of rate tables or charts which may provide for the disclosure of annual percentage rates which vary from the rate determined in accord ance with paragraph (a) by not more than the tolerances the Ad ministrator may allow; the Administrator may not allow a toler-
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JOURNAL OF THE SENATE,
ance greater than 8 percent of that rate except to simplify com pliance where irregular payments are involved; and
(c) in case a lender determines the annual percentage rate in a manner other than as described in paragraph (a) or (b), the Administrator may authorize by rule other reasonable tolerances.
"57-3-305. Loans Made by Telephone or Mail.--With respect to a consumer loan, other than a loan made pursuant to a revolving loan account, if the lender receives a request for an extension of credit by mail or telephone without personal solicitation, the lender complies with this Part if the lender's printed material distributed to the public or the loan agreement or other printed material delivered to the debtor sets forth the terms of financing, including the annual percentage rate for representatives amounts of credit, and if he gives the information required by this Part on or before the date the first payment is due on the loan.
"57-3-306. Consumer Loans Not Pursuant to Revolving Loan Ac count.--(1) This Section applies to a consumer loan not made pursuant to a revolving loan account (Section 57-3-309).
(2) The lender shall give to the debtor the following information:
(a) net amount paid to, receivable by, or paid or payable for the account of the debtor or in the case of a loan resulting from a refinancing, the amount prescribed by the provisions on loan finance charge on refinancing (subsection (1) of Section 57-3-205); if any amount is paid or payable to a third person, a brief itemization, which may be contained in a separate writing or writings, shall also be given;
(b) amount paid or payable for registration, certificate of title or license fees, if not included in (a), and a description or identification of the fees;
(c) amount of official fees and taxes and a description or identification of them;
(d) brief description of insurance to be provided or paid for by the lender including the type and the amount of the coverages, and if a separate charge is made, the amount of the charge;
(e) amount of other additional charges (Section 57-3-202), and a brief description or identification of them;
(f) amount of principal (sum of amounts stated in paragraphs (a), (b), (c), (d), and (e));
(g) except in the case of a loan secured by a first lien on a dwelling, made to finance the purchase of that dwelling, and in which the loan finance charge does not exceed 10 percent per year
FRIDAY, FEBRUARY 21, 1969
461
(Section 57-3-105), the amount of the loan finance charge and the amount of the unpaid balance (principal plus loan finance
charge);
(h) rate of the loan finance charge as applied to the principal in accordance with the provisions on calculation of rate (Section 57-3-304), except in the case of a loan finance charge which does not exceed $5 when the principal does not exceed $75 or $7.50 when the principal exceeds $75;
(i) number of payments, amount of each payment, due date of first payment, and the due date of subsequent payments or in terval between payments;
(j) default, delinquency, or similar charges payable in the event of late payments; and
(k) description of any security interest held or to be retained or acquired by the lender in connection with the extension of credit, and a clear identification of the property to which the security interest relates.
(3) If a lender makes a binding commitment to make a consumer loan by allowing the debtor to draw on the lender and at the time the commitment is made the amount of the loan has not been deter mined, the lender shall then give to the debtor a statement of the terms under which the loan will be made, including the rate of the loan finance charge calculated in accordance with the provisions on calcu lation of rate (Section 57-3-304). If the rate of the loan finance charge varies according to the amount of the loan, the lender shall state the minimum and maximum annual percentage rates which would be appli cable to the amounts which could be drawn pursuant to the commitment. If additional charges (Section 57-3-202) may be made, the lender shall also state the conditions under which the charges may be made, the lender shall also state the conditions under which the charges may be made, the amount or method of computing the charges, and a brief description or identification of the charges. Within a reasonable time after the loan is made, and in any event on or before the due date of the first installment, the lender shall give the information required by this Section.
"57-3-307. Consolidation.--If the parties to a consumer loan or consumer credit sale agree to a consolidation (Section 57-3-206), the creditor shall give to the debtor the information required with respect to consumer loans not pursuant to a revolving loan account (Section 57-3-306). To comply with those provisions (paragraph (a) of subsec tion (2) of Section 57-3-306), the amount with respect to the previous loan or sale to be consolidated shall be separately stated and shall be added to the net amount paid to, receivable by, or paid or payable for the account of the debtor in connection with the subsequent loan or sale.
"57-3-308. Deferral.--If the lender makes a deferral pursuant to
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the provisions on deferral charges (Section 57-3-204), he shall state to the debtor, at the time of or promptly after the deferral:
(1) amount deferred;
(2) any appropriate additional charges (Section 57-3-202) ;
(3) aggregate amount deferred, which is the sum of the amount in (1) and any unpaid amount included in (2) ;
(4) time to which payment is deferred; and
(5) amount and annual percentage rate of the deferral charge and when it is payable.
"57-3-309. Revolving Loan Accounts.-- (1) Before making a con sumer loan pursuant to a revolving loan account, the lender shall give to the debtor the following information:
(a) conditions under which a loan finance charge may be made, including the time period, if any, within which any credit extended may be repaid without incurring a loan finance charge;
(b) method of determining the balance upon which a loan finance charge will be computed;
(c) method of determining the amount of the loan finance charge, including the periodic percentage or percentages used to calculate the loan finance charge and the amount of any minimum loan finance charge:
(d) corresponding nominal annual percentage rate (subsection (3) of Section 57-3-304) ; if more than one corresponding nominal annual percentage rate may be used, the amount of a balance to which each corresponding nominal annual percentage rate applies shall also be stated;
(e) if the leader elects he may also state either
(i) the average effective annual percentage rate of re turn received from revolving loan accounts for a representative period of time; or
(ii) if circumstances are such that the computation of a rate under subparagraph (i) would not be feasible or practical, or would be misleading or meaningless, a projected rate of re turn to be received from revolving loan accounts; the Admin istrator shall prescribe rules, consistent with commonly ac cepted standards for accounting or statistical procedures, to carry out the purposes of this paragraph (e) ;
FRIDAY, FEBRUARY 21, 1969
463
(f) conditions under which additional charges may be made and the method by which they will be determined; and
(g) conditions under which the lender may retain or acquire a security interest in property to secure the balance resulting from loans made pursuant to the revolving loan account, and a descrip tion of the interest or interests which may be retained or ac quired.
(2) If there is an outstanding balance owing at the end of the billing cycle or if a loan finance charge is made with respect to the billing cycle, the lender shall give to the debtor the following informa tion within a reasonable time after the end of the billing cycle:
(a) outstanding balance at the beginning of the billing cycle;
(b) brief description or identification of loans made during the billing cycle in a statement or in accompanying cancelled checks, memoranda or the like;
(c) amount credited to the account during the billing cycle;
(d) amount of loan finance charge and additional charges debited during the billing cycle, with an itemization or explanation to show the total amount of loan finance charge, if any, due to the application of one or more periodic percentages and the amount, if any, imposed as a minimum charge;
(e) the periodic percentage used to calculate the loan finance charge; if more than one periodic percentage is used, each per centage and the amount of the balance to which each applies;
(f) the balance on which the loan finance charge is computed and a statement of how the balance is determined; if the balance is determined without first deducting all amounts credited dur ing the period, that fact and the amounts credited shall also be stated;
(g) if the loan finance charge for the billing cycle exceeds 50$ for a monthly or longer billing cycle, or the pro rata part of 50$ for a billing cycle shorter than monthly, the loan finance charge expressed as an annual percentage rate (paragrah (b) of subsection (2) of Section 57-3-304) ; if more than one periodic percentage is used to calculate the loan finance charge, the lender, in lieu of stating a single annual percentage rate, may state more than one annual percentage rate and the amount of the balance to which each annual percentage rate applies;
(h) if the loan finance charge for the billing cycle does not exceed 50$ for a monthly or longer billing cycle, or the pro rata part of 50$ for a billing cycle shorter than monthly, the corre sponding nominal annual percentage rate (subsection (3) of Sec tion 57-3 304) ;
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JOURNAL OF THE SENATE,
(i) if the lender elects, the average effective annual percentage rate of return or the projected rate as prescribed in paragraph (e) of subsection (1);
(j) outstanding balance at the end of the billing cycle; and
(k) date by which or period within which payment must be made to avoid additional loan finance charges.
"57-3-310. Loans Pursuant to Lender Credit Card or Similar Ar rangement.--Before a consumer loan, other than one made pursuant to a revolving loan account, is first made pursuant to a lender credit card or similar arrangement, the lender shall give to the debtor a statement of the annual percentage rate or rates at which loans will be made to the debtor and a brief description or identification of the additional charges that may be made. The lender shall give to the debtor the information required by this Part with respect to consumer loans other than revolving loan accounts (Section 57-3-306) within a reasonable time after a loan is made and in any event before the due date of the first installment.
"57-3-311. Content of Periodic Statements.--A creditor who trans mits periodic statements in connection with any consumer loan not made pursuant to a revolving loan account shall set forth in each statement each of the following items:
(1) the annual percentage rate of the loan finance charge with respect to each consumer loan to which the statement relates;
(2) the date by which or the period, if any, within which payment must be made in order to avoid further loan finance charges or other charges; and
(3) to the extent the Administrator may require by rule as ap propriate to the terms and conditions under which the consumer loan is made, the other items set forth in the provisions on disclosure with respect to revolving loan accounts (subsection (2) of Section 57-3-309).
"57-3-312. Advertising.--(1) No lender shall engage in this State in false or misleading advertising concerning the terms or conditions of credit with respect to a consumer loan.
(2) Without limiting the generality of subsection (1), and with out requiring a statement of rate of loan finance charge if the loan finance charge is not more than $5 when the principal does not ex ceed $75, or $7.50 when the principal exceeds $75, an advertisement with respect to a consumer credit loan made by the posting of a pub lic sign, or by catalog, magazine, newspaper, radio, television, or similar mass media, is misleading if
(a) it states the rate of the loan finance charge and the rate
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is not stated in the form required by the provisions on calculation of rate to be disclosed (Section 57-3-304), or
(b) it states the dollar amounts of the loan finance charge or installment payments, and does not also state the rate of any loan finance charge and the number and amount of the installment payments.
(3) In this Section a catalog or other multiple-page advertisement is considered a single advertisement if it clearly and conspicuously dis plays a credit terms table setting forth the information required by this Section.
(4) This Section imposes no liability on the owner or personnel, as such, of any medium in which an advertisement appears or through which it is disseminated.
(5) Advertising which complies with the Federal Consumer Credit Protection Act does not violate subsection (2).
PART 4
LIMITATIONS ON AGREEMENTS AND PRACTICES
"57-3-401. Scope.--This Part applies to consumer loans.
"57-3-402. Balloon Payments.--With respect to a consumer loan, other than one primarily for an agricultural purpose or one pursuant to a revolving loan account, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the debtor has the right to refinance the amount of that payment at the time it is due without penalty. The terms of the refinancing shall be no less favorable to the debtor than the terms of the original loan. These pro visions do not apply to the extent that the payment schedule is ad justed to the seasonal or irregular income of the debtor.
"57-3-403. No Assignment of Earnings.--(1) A lender may not take an assignment of earnings of the debtor for payment or as se curity for payment of a debt arising out of a consumer loan. An as signment of earnings in violation of this Section is unenforceable by the assignee of the earnings and revocable by the debtor. This Section does not prohibit an employee from authorizing deductions from his earnings if the authorization is revocable.
(2) A sale of unpaid earnings made in consideration of the pay ment of money to or for the account of the seller of the earnings is deemed to be a loan to him secured by an assignment of earnings.
"57-3-404. Attorney's Fees.--With respect to a consumer loan the agreement may provide for the payment by the debtor of reasonable attorney's fees not in excess of 15 percent of the unpaid debt after
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default and referral to an attorney not a salaried employee of the lender. A provision in violation of this Section is unenforceable.
"57-3-405. Limitation on Default Charges.--Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a consumer loan may not provide for charges as a re sult of default by the debtor other than those authorized by this Act. A provision in violation of this Section is unenforceable.
"57-3-406. Notice of Assignment.--The debtor is authorized to pay the original lender until he receives notification of assignment of rights to payment pursuant to a consumer loan and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the debtor, the as signee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the debtor may pay the original
lender.
"57-3-407. Authorization to Confess Judgment Prohibited.--A debtor may not authorize any person to confess judgment on a claim arising out of a consumer loan. An authorization in violation of this Section is void.
"57-3-408. Change in Terms of Revolving Loan Accounts.--
(1) If a lender makes a change in the terms of a revolving loan account without complying with this Section any additional cost or charge to the debtor resulting from the change is an excess charge and subject to the remedies available to debtors (Section 57-5-202) and to the Administrator (Section 57-6-113).
(2) A leander may change the terms of a revolving loan account whether or not the change is authorized by prior agreement. Except as provided in subsection (3), the lender shall give to the debtor writ ten notice of any change at least three times, with the first notice at least six months before the effective date of the change.
(3) The notice specified in subsection (2) is not required if
(a) the debtor after receiving notice of the change agrees in writing to the change;
(b) the debtor elects to pay an amount designated on a billing statement (subsection (2) of Section 57-3-309) as including a new charge for a benefit offered to the debtor when the benefit and charge constitute the change in terms and when the billing state ment also states the amount payable if the new charge is ex cluded;
(c) the change involves no significant cost to the debtor;
(d) the debtor has previously consented in writing to the kind
FRIDAY, FEBRUARY 21, 1969
467
of change made and notice of the change is given to the debtor in two billing cycles prior to the effective date of the change; or
(e) the change applies only to debts incurred after a date specified in a notice of the change given in two billing cycles prior to the effective date of the change.
(4) The notice provided for in this Section is given to the debtor when mailed to him at the address used by the lender for sending periodic billing statements.
"57-3-409. Use of Multiple Agreements.--A lender may not use multiple agreements with intent to avoid disclosure of an annual per centage rate pursuant to the provisions on disclosure and advertising (Part 3). The excess amount of loan finance charge provided for in agreements in violation of this Section is an excess charge for the pur poses of the provisions on the effect of violations on rights of parties (Section 57-5-202) and the provisions on civil actions by Administrator (Section 57-6-113).
PART 5
REGULATED AND SUPERVISED LOANS
"57-3-501. Definitions: 'Regulated Loan'; 'Regulated Lender'; 'Supervised Loan'; 'Supervised Lender'.-- (1) 'Regulated loan' means a consumer loan, including a loan made pursuant to a revolving loan account, in which the rate of the loan finance charge is in excess of 10 percent per year calculated on the unpaid balances of the principal according to the actuarial method.
(2) 'Regulated lender' means a person engaged in the business of making regulated loans.
(3) 'Supervised loan' means a regulated loan in which the rate of the loan finance charge exceeds 18 percent per year as determined according to the provisions on loan finance charge for consumer loans (Section 57-3-201).
(4) 'Supervised lender' means a person authorized to make or take assignments of supervised loans.
"57-3-502. Authority to Make Supervised Loans.--Unless a person is a supervised financial organization or has first obtained a license from the Administrator for each office authorizing him to make super vised loans, he shall not engage in the business of
(1) making supervised loans, or
(2) taking assignments of and undertaking direct collection of pay ments from or enforcement of rights against debtors arising from supervised loans, but he may collect and enforce for three months
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without a license if he promptly applies for a license and his applica tion has not been denied.
"57-3-503. License to Make Supervised Loans. (1) The Adminis trator shall receive and act on all applications for licenses to make supervised loans under this Act. Applications shall be filed in the man ner prescribed by the Administrator and shall contain such information as the Administrator may require to make an evaluation of the finan cial responsibility, character and fitness of the applicant.
(2) No license shall be issued unless the Administrator, upon in vestigation, finds that the financial responsibility, character and fit ness of the applicant, and of the members thereof (if the applicant is a co-partnership or association) and of the officers and directors there of (if the applicant is a corporation), are such as to warrant belief that the business will be operated honestly and fairly within the purposes of this Act, 'and that allowing the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located'.
(3) Upon written request, the applicant is entitled to a hearing on the question of his qualifications for a license if (a) the Adminis trator has notified the applicant in writing that his application has been denied or (b) the Administrator has not issued a license within 60 days after the application for the license was filed. A request for a hearing may not be made more than 15 days after the Administrator has mailed a writing to the applicant notifying him that the application has been denied and stating in substance the Administrator's findings supporting denial of the application.
(4) No more than one place of business shall be maintained under the same license, but the Administrator may issue more than one li cense to the same licensee. Each such license issued shall be conspicuous ly displayed in the place of business for which granted and shall remain in full force and effect until surrendered, revoked, or suspended as pro vided in Section 57-3-504. Every licensee shall, on or before the 20th of each December, pay to the Administrator the sum of $300 for each license held by him as an annual license fee for the succeeding calendar year. If a licensee wishes to move his office within the county, he shall give the Administrator written notice thereof which notice shall specify the address or location to which licensee desires to move and shall also set out, in such form as the Administrator may require, facts and cir cumstances which it is contended will show that the removal to the new location will promote the convenience and advantage of that community. Thereafter the Administrator shall handle this request in the same man ner in which he handles a new publication under subsection (2) of this Section insofar as that subsection is applicable.
"57-3-504. Revocation or Suspension of License.--(1) The Ad ministrator may issue to a person licensed to make supervised loans an order to show cause why his license should not be revoked or suspended for a period not in excess of 6 months. The order shall state the place for a hearing and set a time for the hearing that is no less than 10 days
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469
from the date of the order. After the hearing the Administrator shall revoke or suspend the license if he finds that:
(a) the licensee has repeatedly and willfully violated this Act or any rule or order lawfully made pursuant to this Act; or
(b) facts or conditions exist which would clearly have justified the Administrator in refusing to grant a license had these facts or conditions been known to exist at the time the application for the license was made.
(2) No revocation or suspension of a license is lawful unless prior to institution of proceedings by the Administrator notice is given to the licensee of the facts or conduct which warrant the intended action, and the licensee is given an opportunity to show compliance with all lawful requirements for retention of the license.
(3) If the Administrator finds that probable cause for revocation of a license exists and that enforcement of this Act requires immediate suspension of the license pending investigation, he may, after a hearing upon 5 day's written notice, enter an order suspending the license for not more than 30 days.
(4) Whenever the Administrator revokes or suspends a license, he shall enter an order to the effect and forthwith notify the licensee of the revocation or suspension. Within 5 days after the entry of the order he shall deliver to the licensee a copy of the order and the findings support ing the order.
(5) Any person holding a license to make supervised loans may relinquish the license by notifying the Administrator in writing of its relinquishment, but this relinquishment shall not affect his liability for acts previously committee.
(6) No revocation, suspension, or relinquishment of a license shall impair or affect the obligation of any preexisting lawful contract be tween the licensee and any debtor.
(7) The Administrator may reinstate a license, terminate a suspen sion or grant a new license to a person whose license has been revoked or suspended if no fact or condition then exists which clearly would have justified the Administrator in refusing to grant a license.
"57-3-505. Records; Annual Reports.--(1) Every licensee shall maintain records in conformity with generally accepted accounting prin ciples and practices in a manner that will enable the Administrator to determine whether the licenseee is complying with the provisions of this Act. The record keeping system of a licensee shall be sufficient if he makes the required information reasonably available. The records need not be kept in the place of business where supervised loans are made, if the Administrator is given free access to the records wherever lo cated. The records pertaining to any loan need not be preserved for more than two years after making the final entry relating to the loan,
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but in the case of a revolving loan account the two years is measured from the date of each entry.
(2) On or before April 15 each year every licensee shall file with the Administrator a composite annual report in the form prescribed by the Administrator relating to all supervised loans made by him. The Administrator shall consult with comparable officials in other states for the purpose of making the kinds of information required in annual reports uniform among the states. Information contained in annual re ports shall be confidential and may be published only in composite form.
"57-3-506. Examinations and Investigations.--(1) The Administra tor shall examine periodically at intervals he deems appropriate the loans, business, and records of every licensee. In addition, for the pur pose of discovering violations of this Act or securing information law fully required, the Administrator or the official or agency to whose supervision the organization is subject (Section 57-6-105) may at any time investigate the loans, business, and records of any regulated lender. For these purposes he shall have free and reasonable access to the of fices, places of business, and records of the lender.
(2) If the lender's records are located outside this State, the lender at his option shall make them available to the Administrator at a con venient location within this State, or pay the reasonable and necessary expenses for the Administrator or his representative to examine them at the place where they are maintained. The Administrator may desig nate representatives, including comparable officials of the State in which the records are located, to inspect them on his behalf.
(3) For the purposes of this Section, the Administrator may ad minister oaths or affirmations, and upon his own motion or upon re quest of any party may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tan gible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.
(4) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the Administrator may apply to the superior court in the county of the licensee for an order compelling compliance.
"57-3-507. Application of Administrative Procedure Act to Part.-- Except as otherwise provided, the State administrative procedure act ap plies to and governs all administrative action taken by the Administra tor pursuant to this Part.
"57-3-508. Loan Finance Charge for Supervised Loans; Maximum Kate of Charge.--Every licensee hereunder may loan any sum of money not exceeding $2,500 for a period of two years or less, and may charge, contract for, collect and receive interest and fees and may re quire the fulfillment of conditions on such loans as hereinafter provided:
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471
(1) Charge, contract for, receive and collect interest at a rate not to exceed 8 percent per annum of the face amount of the contract, whether repayable in one single payment or repayable in monthly or other periodic installments. On loan contracts repayable in 18 months or less, the interest may be discounted in advance, and on contracts re payable over a greater period, the interest shall be added to the prin cipal amount of the loan. On all contracts, interest or discount shall be computed proportionately on equal calendar months. In lieu of this 8 percent interest charge, any licensee may contract for a minimum inter est charge of $2 per month on any loan provided that a minimum re payment of $15 per month must be scheduled in order for this charge to
be collected.
(2) In addition thereto, charge, contract for, receive or collect at the time the loan is made, a fee in an amount not greater than 8 percent or the first $600 of the face amount of the contract, plus 4 percent of the excess: provided, however, that such fee shall not be subject to the pro visions of prepayment (Section 57-3-210) and that such fee shall not be charged or collected on that part of a loan which is used to pay or apply on a prior loan, or installment of a prior loan from the same licensee to the same borrower made within the immediately preceding 6 months period; provided, however, if the loan balance is $100 or less, the said period shall be 2 months, not 6 months. If a borrower prepays his entire loan to a licensee and within the following 15 days makes a new loan with that licensee, (and if this is done within the 6 months period or the 2 months period above described, as may be applicable), the fee may be charged only on the excess by which the face amount of the new contract exceeds the amount which the borrower repaid to to that licensee within the said 15-day period.
"57-3-509. Use of Multiple Agreements.--With respect to a super vised loan, no lender may permit any person, or husband and wife, to become obligated in any way under more than one loan agreement with the lender or with a person related to the lender, with intent to obtain a higher rate of loan finance charge than would otherwise be permitted by the provisions on loan finance charge for supervised loans (Section 57-3-508) or to avoid disclosure of an annual percentage rate pursuant to the provisions on disclosure and advertising (Part 3). The excess amount of loan finance charge provided for in agreement in violation of this Section is an excess charge for the purposes of the provisions on effect of violations on rights of parties (Section 57-5-202) and the pro visions on civil actions by Administrator (Section 57-6-113).
"57-3-510. Restrictions on Interest in Land as Security.--
(1) With respect to a supervised loan in which the principal is $100 or less, a lender may not contract for an interest in land as security. A security interest taken in violation of this Section is void.
(2) The amount of $100 in subsection (1) is subject to change pur suant to the provisions on adjustment of dollar amounts (Section 57-1-106).
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"57-3-511. Regular Schedule of Payments; Maximum Loan Term.--
(1) Supervised loans payable in installments, other than loans pur suant to a revolving loan account, shall be repayable in substantially equal installments which shall be payable at equal periodic intervals ex cept to the extent that the schedule of payments is adjusted to the sea sonal or irregular income of the debtor. Supervised loans payable in in stallments, other than loans pursuant to a revolving loan account, in which the principal is $2,500 or less shall be scheduled to be payable over a period of not more than 24 months.
(2) Regulated loans payable in installments, other than loans pur suant to a revolving loan account, shall be repayable in substantially equal installments which shall be payable at equal periodic intervals except to the extent that the schedule of payments is adjusted to the seasonal or irregular income of the debtor. Regulated loans not consti tuting supervised loans may be repaid over any period of time con tractually provided for in the loan documents.
(3) A 'Supervised lender' licensed pursuant to the provisions hereof to make or take assignments of supervised loans shall be entitled and authorized to make or take assignments of regulated loans not consti tuting supervised loans, and in the case of regulated loans not consti tuting supervised loans made, or assignments thereof taken, by a super vised lender, the limitations hereof applicable only to supervised loans shall not be applicable.
"57-3-512. Conduct of Business Other Than Making Loans.--A licensee may carry on other business at a location where he makes su pervised loans unless he carries on other business for the purpose of evasion or violation of this Act.
"57-3-513. Application of Other Provisions.--Except as otherwise provided, all provisions of this Act applying to consumer loans apply to regulated loans.
PART 6
LOANS OTHER THAN CONSUMER LOANS
"57-3-601. Loans Subject to Act by Agreement of Parties.--The parties to a loan other than a consumer loan may agree in a writing signed by the parties that the loan is subject to the provisions of this Act applying to consumer loans. If the parties so agree, the loan is a consumer loan for the purposes of this Act.
"57-3-602. Definition: 'Consumer Related Loan'; Rate of Loan Fi nance Charge.--(1)A 'consumer related loan' is a loan which is not subject to the provisions of this Act applying to consumer loans and in which the principal does not exceed $25,000 if
(a) the debtor is a person other than an organization, or
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473
(b) the debt is secured primarily by a security interest in a one or two family dwelling occupied by a person related to the debtor.
(2) With respect to a consumer related loan, including one made pursuant to a revolving loan account, the parties may contract for the payment by the debtor of a loan finance charge not in excess of that permitted by the provisions on loan finance charge for consumer loans other than supervised loans (Section 57-3-201).
(3) The amount of $25,000 in subsection (1) is subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
"57-3-603. Applicability of Other Provisions to Consumer Related Loans.--Except for the rate of the loan finance charge and the rights to prepay and to rebate upon prepayment, the provisions of Part 2 of this Article apply to a consumer related loan.
"57-3-604. Limitation on Default Charges in Consumer Related Loans.--(1) The agreement with respect to a consumer related loan may provide for only the following charges as a result of the debtor's default:
(a) reasonable attorney's fees and reasonable expenses in curred in realizing on a security interest;
(b) deferral charges not in excess of 18 percent per year of the amount deferred for the period of deferral; and
(c) other charges that could have been made had the loan been a consumer loan.
(2) A provision in violation of this Section is unenforceable.
"57-3-605. Loan Finance Charge for Other Loans.--With respect to a loan other than a consumer loan or a consumer related loan, the parties may contract for the payment by the debtor of any loan finance charge."
"CHAPTER 57-4 ARTICLE 4 INSURANCE
PART 1
INSURANCE IN GENERAL
"57-4-101. Short Title.--This Article shall be known and may be cited as Uniform Consumer Credit Code--Insurance.
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"57-4-102. Scope.-- (1) Except as provided in subsection (2), this Article applies to insurance provided or to be provided in relation to a consumer credit sale (Section 57-2-104), a consumer lease (Section 57-2-106), or a consumer loan (Section 57-3-104).
(2) The provision on cancellation by a creditor (Section 57-4-304) applies to loans the primary purpose of which is the financing of insur ance. No other provision of this Article applies to insurance so financed.
"57-4-103. Definition.--In this Act 'Consumer credit insurance' means insurance, other than insurance on property, by which the satis faction of debt in whole or in part is a benefit provided, but does not include
(1) insurance provided in relation to a credit transaction in which a payment is scheduled more than 10 years after the extension of credit; or
(2) insurance issued as an isolated transaction on the part of the insurer not related to an agreement or plan for insuring debtors of the creditor.
"57-4-104. Creditor's Provision of and Charge for Insurance; Ex cess Amount of Charge.--(1) Except as otherwise provided in this Article and subject to the provisions on additional charges (Section 57-2-202 and Section 57-3-202) and maximum charges (Part 2 of Article 2 and Article 3), a creditor may agree to provide insurance, and may contract for and receive a charge for insurance separate from and in addition to other charges. A creditor need not make a separate charge for insurance provided or required by him. This Act does not authorize the issuance of any insurance prohibited under any statute, or rule there under, governing the business of insurance.
(2) The excess amount of a charge for insurance provided for in agreements in violation of this Article is an excess charge for the pur poses of the provisions of the Article on Remedies and Penalties (Article 5) as to effect of violations on rights of parties (Section 57-5-202) and of the provisions of the Article on Administration (Article 6) as to civil actions by the Administrator (Section 57-6-113).
"57-4-105. Conditions Applying to Insurance to Be Provided by Creditor.--If a creditor agrees with a debtor to provide insurance
(1) the insurance shall be evidenced by an individual policy or cer tificate of insurance delivered to the debtor, or sent to him at his ad dress as stated by him, within 30 days after the term of the insurance commences under the agreement between the creditor and debtor; or
(2) the creditor shall promptly notify the debtor of any failure or delay in providing the insurance.
"57-4-106. Unconscionability.-- (1) In applying the provisions of
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475
this Act on unconscionability (Sections 57-5-108 and 57-6-111) to a sep arate charge for insurance, consideration shall be given, among other factors, to
(a) potential benefits to the debtor including the satisfaction of his obligations;
(b) the creditor's need for the protection provided by the in surance; and
(c) the relation between the amount and terms of credit grant ed and the insurance benefits provided.
(2) If consumer credit insurance otherwise complies with this Arti cle and other applicable law, neither the amount nor the term of the insurance nor the amount of a charge therefor is in itself unconscionable.
"57-4-107. Maximum Charge by Creditor for Insurance.--(1) Ex cept as provided in subsection (2), if a creditor contracts for or receives a separate charge for insurance, the amount charged to the debtor for the insurance may not exceed the premium to be charged by the insurer, as computed at the time the charge to the debtor is determined, con forming to any rate filings required by law and made by the insurer with the Insurance Commissioner.
(2) A creditor who provides consumer credit insurance in relation to a revolving charge account (Section 57-2-108) or revolving loan account (Section 57-3-108) may calculate the charge to the debtor in each billing cycle by applying the current premium rate to
(a) the average daily unpaid balance of the debt in the cycle;
(b) the unpaid balance of the debt or a median amount within a specified range of unpaid balances of debt on approximately the same day of the cycle. The day of the cycle need not be the day used in calculating the credit service charge (Section 57-2-207) or loan finance charge (Section 57-3-201) and (Section 57-3-508), but the specified range shall be the range used for that purpose; or
(c) the unpaid balances of principal calculated according to the actuarial method.
"57-4-108. Refund or Credit Required; Amount.--(1) Upon pre payment in full of a consumer credit sale or consumer loan by the pro ceeds of consumer credit insurance, the debtor or his estate is entitled to a refund of any portion of a separate charge for insurance which by reason of prepayment is retained by the creditor or returned to him by the insurer unless the charge was computed from time to time on the basis of the balances of the debtor's account.
(2) This Article does not require a creditor to grant a refund or credit to the debtor if all refunds and credits due to the debtor under
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this Article amount to less than $1, and except as provided in subsection (1) does not require the creditor to account to the debtor for any por tion of a separate charge for insurance because
(a) the insurance is terminated by performance of the insur er's obligation;
(b) the creditor pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them, or
(c) the creditor receives directly or indirectly under any pol icy of insurance a gain or advantage not prohibited by law.
(3) Except as provided in subsection (2), the creditor shall prompt ly make or cause to be made an appropriate refund or credit to the debtor with respect to any separate charge made to him for insurance if
(a) the insurance is not provided or is provided for a shorter term than that for which the charge to the debtor for insurance was computed; or
(b) the insurance terminates prior to the end of the term for which it was written because of prepayment in full or otherwise.
(4) A refund or credit required by subsection (3) is appropriate as to amount if it is computed according to a method prescribed or ap proved by the Insurance Commissioner or a formula filed by the insurer with the Insurance Commissioner at least 30 days before the debtor's right to a refund or credit becomes determinable, unless the method or formula is employed after the Insurance Commissioner notifies the in surer that he disapproves it.
"57-4-109. Existing Insurance; Choice of Insurer.--If a creditor re quires insurance, upon notice to the creditor the debtor shall have the option of providing the required insurance through an existing policy of insurance owned or controlled by the debtor, or through a, policy to be obtained and paid for by the debtor, but the creditor may for reasonable cause decline the insurance provided by the debtor.
"57-4-110. Charge for Insurance in Connection with a Deferral, Re financing, or Consolidation; Duplicate Charges.--(1) A creditor may not contract for or receive a separate charge for insurance in connection with a deferral (Section 57-2-204 or Section 57-3-204), a refinancing (Section 57-2-205 or Section 57-3-205), or a consolidation (Section 57-2206 or Section 57-3-206), unless
(a) the debtor agrees at or before the time of the deferral, re financing, or consolidation that the charge may be made;
(b) the debtor is or is to be provided with insurance for an amount or a term, or insurance of a kind, in addition to that to
FRIDAY, FEBRUARY 21, 1969
477
which he would have been entitled had there been no deferral, re financing, or consolidation;
(c) the debtor receives a refund or credit on account of any unexpired term of existing insurance in the amount that would be required if the insurance were terminated (Section 57-4-108); and
(d) the charge does not exceed the amount permitted by this Article (Section 57-4-107).
(2) A creditor may not contract for or receive a separate charge for insurance which duplicates insurance with respect to which the creditor has previously contracted for or received a separate charge.
"57-4-111. Cooperation Bewteen Administrator and Insurance Com missioner.--The Administrator and the Insurance Commissioner are au thorized and directed to consult and assist one another in maintaining compliance with this Article. They may jointly pursue investigations, prosecute suits, and take other official action, as may seem to them appropriate, if either of them is otherwise empowered to take the ac tion. If the Administrator is informed of a violation or suspected viola tion by an insurer of this Article, or of the insurance laws, rules, and regulations of this State, he shall advise the Insurance Commissioner of the circumstances.
PART 2
CONSUMER CREDIT INSURANCE
"57-4-201. Term of Insurance.--(1) Consumer credit insurance pro vided by a creditor may be subject to the furnishing of evidence of in surability satisfactory to the insurer. Whether or not such evidence is required, the term of the insurance shall commence no later than when the debtor becomes obligated to the creditor or when the debtor applies for the insurance, whichever is later, except as follows:
(a) if any required evidence of insurability is not furnished until more than 30 days after the term would otherwise commence, the term may commence on the date when the insurer determines the evidence to be satisfactory; or
(b) if the creditor provides insurance not previously provided covering debts previously created, the term may commence on the effective date of the policy.
(2) The originally scheduled term of the insurance shall extend at least until the due date of the last scheduled payment of the debt except as follows:
(a) if the insurance relates to a revolving charge account or revolving loan account, the term need extend only until the payment
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of the debt under the account and may be sooner terminated after at least 30 days' notice to the debtor; or
(b) if the debtor is advised in writing that the insurance will be written for a specified shorter time, the term need extend only until the end of the specified time.
(3) The term of the insurance shall not extend more than 15 days after the originally scheduled due date of the last scheduled payment of the debt unless it is extended without additional cost to the debtor or as an incident to a deferral, refinancing, or consolidation.
"57-4-202. Amount of Insurance.--(1) Except as provided in sub section (2),
(a) in the case of consumer credit insurance providing life coverage, the amount of insurance may not initially exceed the debt and, if the debt is payable in installments, may not at any time exceed the greater of the scheduled or actual amount of the debt; or
(b) in the case of any other consumer credit insurance, the to tal amount of periodic benefits payable may not exceed the total of scheduled unpaid installments of the debt, and the amount of any periodic benefit may not exceed the original amount of debt divided by the number of periodic installments in which it is payable.
(2) If consumer credit insurance is provided in connection with a revolving charge account or revolving loan account, the amounts pay able as insurance benefits may be reasonably commensurate with the amount of debt as it exists from time to time. If consumer credit in surance is provided in connection with a commitment to grant credit in the future, the amounts payable as insurance benefits may be reason ably commensurate with the total from time to time of the amount of debt and the amount of the commitment. If the debt or commitment is primarily for an agricultural purpose, and there is no regular schedule of payments, the amounts payable as insurance benefits may equal the total of the initial amount of debt and the amount of the commitment.
"57-4-203. Filing and Approval of Rates and Forms.--(1) A cred itor may not use a form or a schedule of premium rates or charges, the filing of which is required by this Section, if the Insurance Commission er has disapproved the form or schedule and has notified the insurer of his disapproval. A creditor may not use a form or schedule unless
(a) the form or schedule has been on file with the Insurance Commissioner for 30 days, or has earlier been approved by him; and
(b) the insurer has complied with this Section with respect to the insurance.
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479
(2) Except as provided in subsection (3), all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and rides relating to consumer credit insurance delivered or issued for delivery in this State, and the schedules of premium rates or charges pertaining thereto, shall be filed by the insurer with the In surance Commissioner. Within 30 days after the filing of any form or schedule, he shall disapprove it if the premium rates or charges are un reasonable in relation to the benefits provided under the form, or if the form contains provisions which are unjust, unfair, inequitable, or de ceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of the Georgia Insurance Code or of any rule or regu lation promulgated thereunder.
(3) If a group policy has been delivered in another State, the forms to be filed by the insurer with the Insurance Commissioner are the group certificates and notices of proposed insurance. He shall approve them if
(a) they provide the information that would be required if the group policy were delivered in this State; and
(b) the applicable premium rates or charges do not exceed those established by his rules or regulations.
PART 3
PROPERTY AND LIABILITY INSURANCE
"57-4-301. Property Insurance.--(1) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless
(a) the insurance covers a substantial risk of loss of or dam age to property related to the credit transaction;
(b) the amount, terms, and conditions of the insurance are reasonable in relation to the character and value of the property insured or to be insured; and
(c) the term of the insurance is reasonable in relation to the terms of credit.
(2) The term of the insurance is reasonable if it is customary and does not extend substantially beyond a scheduled maturity.
(3) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless the amount financed or principal exclusive of charges for the insurance is $100 or more, and the value of the property is $100 or more.
(4) The amounts of $100 in subsection (3) are subject to change
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pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
"57-4-302. Insurance on Creditor's Interest Only.--If a creditor contracts for or receives a separate charge for insurance against loss of or damage to property, the risk of loss or damage not willfully caused by the debtor is on the debtor only to the extent of any deficiency in the effective coverage of the insurance, even though the insurance covers only the interest of the creditor.
"57-4-303. Liability Insurance.--A creditor may not contract for or receive a separate charge for insurance against liability unless the in surance covers a substantial risk of liability arising out of the owner ship or use of property related to the credit transaction.
"57-4-304. Cancellation by Creditor.--A creditor shall not request cancellation of a policy of property or liability insurance except after the debtor's default or in accordance with a written authorization by the debtor, and in either case the cancellation does not take effect until written notice is delivered to the debtor or mailed to him at his address as stated by him. The notice shall state that the policy may be can celled on a date not less than 10 days after the notice is delivered, or, if the notice is mailed, not less than 13 days after it is mailed."
"CHAPTER 57-5 ARTICLE 5
REMEDIES AND PENALTIES
PART 1
LIMITATIONS ON CREDITORS' REMEDIES
"57-5-101. Short Title.--This Article shall be known and may be cited as Uniform Consumer Credit Code--Remedies and Penalties.
"57-5-102. Scope.--This Part applies to actions or other proceed ings to enforce rights arising from consumer credit sales, consumer leases, and consumer loans; and, in addition, to extortionate extensions of credit (Section 57-5-107).
"57-5-103. Restrictions on Deficiency Judgments in Consumer Cred it Sales.--(1) This Section applies to a consumer credit sale of goods or services.
(2) If the seller repossesses or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a security interest and the cash price of the goods repossessed or surrendered was $1000 or less, the buyer is not personally liable to the seller for the unpaid balance of the debt arising from the sale of the goods, and the seller is not obligated to resell the collateral.
FRIDAY, FEBRUARY 21, 1969
481
(3) If the reseller repossesses or voluntarily accepts surrender of goods which were not the subject of the sale but in which he has a se curity interest to secure a debt arising from a sale of goods or services or a combined sale of goods and services and the cash price of the sale was $1000 or less, the buyer is not personally liable to the seller for the unpaid balance of the debt arising from the sale.
(4) For the purpose of determining the unpaid balance of consoli dated debts or debts pursuant to revolving charge accounts, the alloca tion of payments to a debt shall be determined in the same manner as provided for determining the amount of debt secured by various security interests (Section 57-2-409).
(5) The buyer may be liable in damages to the seller if the buyer has wrongfully damaged the collateral or if, after default and demand, the buyer has wrongfully failed to make the collateral available to the seller.
(6) If the seller elects to bring an action against the buyer for a debt arising from a consumer credit sale of goods or services, when under this Section he would not be entitled to a deficiency judgment if he repossessed the collateral, and obtains judgment
(a) he may not repossess the collateral, and
(b) the collateral is not subject to levy or sale on execution or similar proceedings pursuant to the judgment.
(7) The amounts of $1000 in subsections (2) and (3) are subject to change pursuant to the provisions on adjustment of dollar amounts (Section 57-1-106).
"57-5-104. No Garnishment Before Judgment.--Prior to entry of judgment in an action against the debtor for debt arising from a con sumer credit sale, a consumer lease, or a consumer loan, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings.
"57-5-105. Limitation on Garnishment.--(1) For the purposes of this Part
(a) 'disposable earnings' means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and
(b) 'garnishment' means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt.
(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment to en-
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force payment of a judgment arising from a consumer credit sale, con sumer lease, or consumer loan may not exceed the lesser of
(a) 25 percent of his disposable earnings for that week, or
(b) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by Section 6(a)(l) of the Fair Labor Standards Act of 1938, U.S.C. Tit. 29, Section 206(a)(l), in effect at the time the earnings are payable.
(c) In the case of earnings for a pay period other than week, the Administrator shall prescribe by rule a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in para graph (b).
(3) The restrictions of subsection (2) do not apply in the case of
(a) any order of any court for the support of any person;
(b) any order of any court or bankruptcy under Chapter XIII of the Bankruptcy Act; or
(c) any debt due for any State or Federal tax.
(4) No court may make, execute, or enforce an order or process in violation of this Section.
"57-5-106. No Discharge From Employment for Garnishment.--No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the em ployer for the purpose of paying a judgment arising from a consumer credit sale, consumer lease, or consumer loan.
"57-5-107. Extortionate Extensions of Credit.--(1) If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil ju dicial processes against the debtor.
(2) In any prosecution under this Section if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate:
(a) the repayment of the extension of credit, or the perform ance of any promise given in consideration thereof, would be un enforceable, through civil judicial processes against the debtor
FRIDAY, FEBRUARY 21, 1969
483
(i) in the jurisdiction within which the debtor, if a natural person, resided or
(ii) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made.
(b) The extension of credit was made at a rate of interest in excess of an annual rate of 45 percentum calculated according to the actuarial method of allocating payments made on a debt be tween principal and interest, pursuant to which a payment is ap plied first to the accumulated interest and the balance is applied to the unpaid principal.
(c) At the time the extension of credit was made, the debtor reasonably believed that either
(i) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by ex tortionate means; or
(ii) the creditor had a reputation for the use of extortion ate means to collect extensions of credit or to punish the nonrepayment thereof.
(d) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstand ing, including any unpaid interest or similar charges, exceeded $100.
"57-5-108. Unconsionability.--(1) With respect to a consumer credit sale, consumer lease, or consumer loan, if the court as a matter of law finds the agreement or any clause of the agreement to have been unconsionable at the time it was made the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement with out the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) If it is claimed or appears to the court that the agreement or any clause thereof may be unconsionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
(3) For the purpose of this Section, a charge or practice expressly permitted by this Act is not in itself unconscionable.
PART 2 DEBTORS' REMEDIES "57-5-201. Interests in Land.--For purposes of the provisions of
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this Part on civil liability for violation of disclosure provisions (Section 57-5-203) and on debtor's right to rescind certain transactions (Section 57-5-204).
(1) Consumer credit sale includes a sale of interest in land without regard to the rate of the credit service charge if the sale is otherwise a consumer credit sale (Section 57-2-104), and
(2) Consumer loan includes a loan primarily secured by an interest in land without regard to the rate of the loan finance charge if the loan is otherwise a consumer loan (Section 57-3-105).
"57-5-202. Effect of Violations on Rights of Parties.--(1) If a creditor has violated the provisions of this Act applying to certain nego tiable instruments (Section 57-2-403), or limitations on the schedule of payments or loan term for regulated loans (Section 57-3-511), the debtor is not obligated to pay the credit service charge or loan finance charge, and has a right to recover from the person violating this Act or from an assignee of that person's rights who undertakes direct collec tion of payments or enforcement of rights arising from the debt a pen alty in an amount determined by the court not in excess of three times the amount of the credit service charge or loan finance charge. No ac tion pursuant to this subsection may be brought more than one year after the due date of the last scheduled payment of the agreement with respect to which the violation occurred.
(2) If a creditor has violated the provisions of this Act applying to authority to make supervised loans (Section 57-3-502), the loan is void and the debtor is not obligated to pay either the principal or loan finance charge. If he has paid any part of the principal or of the loan finance charge, he has a right to recover the payment from the person violating this Act or from an assignee of that person's rights who un dertakes direct collection of payments or enforcement of rights arising from the debt. With respect to violations arising from loans made pur suant to revolving loan accounts, no action pursuant to this subsection may be brought more than two years after the violation occurred. With respect to violations arising from other loans, no action pursuant to this subsection may be brought more than one year after the due date of the last scheduled payment of the agreement pursuant to which the
charge was paid.
(3) A debtor is not obligated to pay a charge in excess of that al lowed by this Act, and if he has paid an excess charge he has a right to a refund. A refund may be made by reducing the debtor's obligation by the amount of the excess charge. If the debtor has paid an amount in excess of the lawful obligation under the agreement, the debtor may recover the excess amount from the person who made the excess charge or from an assignee of that person's rights who undertakes direct col lection of payments from or enforcement of rights against debtors arising from the debt.
(4) If a debtor is entitled to a refund and a person liable to the debtor refuses to make a refund within a reasonable time after demand,
FRIDAY, FEBRUARY 21, 1969
485
the debtor may recover from that person a penalty in an amount de termined by a court not exceeding the greater of either the amount of the credit service or loan finance charge or ten times the amount of the excess charge. If the creditor has made an excess charge in deliberate violation of or in reckless disregard for this Act, the penalty may be recovered even though the creditor has refunded the excess charge. No penalty pursuant to this subsection may be recovered if a court has ordered a similar penalty assessed against the same person in a civil action by the Administrator (Section 57-6-113). With respect to excess charges arising from sales made pursuant to revolving charge accounts or from loans made pursuant to revolving loan accounts, no action pur suant to this subsection may be brought more than two years after the time the excess charge was made. With respect to excess charges aris ing from other consumer credit sales or consumer loans, no action to this subsection may be brought more than one year after the due date of the last scheduled payment of the agreement pursuant to which the charge was made.
(5) Except as otherwise provided, no violation of this Act impairs rights on a debt.
(6) If an employer discharges an employee in violation of the pro visions prohibiting discharge (Section 57-5-106), the employee may within 30 days bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the em ployee. Damages recoverable shall not exceed lost wages for six weeks.
(7) If the creditor establishes by a preponderance of evidence that a violation is unintentional or the result of a bona fide error, no liability is imposed under subsections (1), (2), and (4) and the validity of the transaction is not affected.
(8) In any case in which it is found that a creditor has violated this Act, the court may award reasonable attorney's fees incurred by the debtor.
"57-5-203. Civil Liability for Violation of Disclosure Provisions.-- (1) Except as otherwise provided in this Section, a creditor who, in violation of the provisions on disclosure (Part 3), other than the provi sions on advertising (Sections 57-2-313 and 57-3-312), of the Article on Credit Sales (Article 2) and the Article on Loans (Article 3), fails to disclose information to a person entitled to the information under this Act is liable to that person in an amount equal to the sum of
(a) twice the amount of the credit service or loan finance charge in connection with the transaction, but the liability pursuant to this paragraph shall be not less than $100 or more than $1000;
and
(b) in the case of a successful action to enforce the liability under paragraph (a), the costs of the action together with reason able attorney's fees as determined by the court.
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(2) A creditor has no liability under this Section if within 15 days after discovering an error, and prior to the institution of an action under this Section or the receipt of written notice of the error, the creditor notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the person will not be required to pay a credit service charge or loan finance charge in excess of the amount or percentage rate actually disclosed.
(3) A creditor may not be held liable in any action brought under this Section for a violation of this Act if the creditor shows by a pre ponderance of evidence that the violation was not intentional and re sulted from a bona fide error notwithstanding the maintenance of pro cedures reasonably adapted to avoid the error.
(4) Any action which may be brought under this Section against the original creditor in any credit transaction involving a security in terest in land may be maintained against any subsequent assignee of the original creditor where the assignee, its subsidiaries, or affiliates were in a continuing business relationship with the original creditor either at the time the credit was extended or at the time of the assign ment, unless the assignment was involuntary, or the assignee shows by a preponderance of evidence that it did not have reasonable grounds to believe that the original creditor was engaged in violations of this Act and that it maintained procedures reasonably adapted to apprise it of the existence of the violations.
(5) No action pursuant to this Section may be brought more than one year after the date of the occurrence of the violation.
"57-5-204. Debtor's Right to Rescind Certain Transactions.--(1) Except as otherwise provided in this Section, in the case of a con sumer credit sale or consumer loan with respect to which a security interest is retained or acquired in an interest in land which is used or expected to be used as the residence of the person to whom credit is extended, the debtor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the disclosures required under this Section and all other material disclosures required by this Act, whichever is later, by notifying the creditor, in accordance with rules of the Adminministrator, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with rules of the Administrator, to the debtor in a transaction subject to this Section the rights of the debtor under this Section. The creditor shall also provide, in accordance with rules of the Administrator, an adequate opportunity to the obligor to exercise his right to rescind any transaction subject to this Section.
(2) When a debtor exercises his right to rescind under subsection (1), he is not liable for any credit service charge, loan finance charge, or other charge, and any security interest given by the debtor becomes void upon the rescission. Within 10 days after receipt of a notice of rescis sion, the creditor shall return to the debtor the money or property given as earnest money, down payment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any se curity interest created under the transaction. If the creditor has deliv-
FRIDAY, FEBRUARY 21, 1969
487
ered property to the debtor, the debtor may retain possession of it. Upon the performance of the creditor's obligations under this Section, the debtor shall tender the property to the creditor, except that if re turn of the property in kind would be impractical or inequitable, the debtor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the debtor, at the option of the debtor. If the creditor does not take possession of the property within 10 days after tender by the debtor, ownership of the property vests in the debtor without obligation on his part to pay for it.
(3) Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosure required under this Act by a person to whom at statement is required to be given pursuant to this Section does no more than create a rebuttable presumption of delivery thereof.
(4) The Administrator, if he finds that the action is necessary in order to permit homeowners to meet bona fide personal financial emer gencies, may prescribe rules authorizing the modification or waiver of any rights created under this Section to the extent and under the cir cumstances set forth in those rules.
(5) This Section does not apply to the creation or retention of a first lien against a dwelling to finance the aquisition of that dwelling.
"57-5-205. Refunds and Penalties as Set-Off to Obligation.--Re funds or penalties to which the debtor is entitled pursuant to this Part may be set off against the debtor's obligation, and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Part.
PART 3
CRIMINAL PENALTIES
"57-5-301. Willful Violations.-- (1) A supervised lender who will fully makes charges in excess of those permitted by the provisions of the Article on Loans (Article 3) applying to supervised loans (Part 5) is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding $1000, or to imprisonment not exceeding twelve months, or both.
(2) A person who willfully engages in the business of making su pervised loans without a license in violation of the provisions of this Act applying to authority to make supervised loans (Section 57-3-502) is guilty of a. misdemeanor and upon conviction may be sentenced to pay a fine not exceeding $1000 or to imprisonment not exceeding twelve months, or both.
(3) A person who willfully engages in the business of making consumer credit sales, consumer leases, or consumer loans, or of taking assignments of rights against debtors arising therefrom and undertakes direct collection of payments or enforcement of these rights, without
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complying with the provisions of this Act concerning notification (Section 57-6-202) or payment of fees (Section 57-6-203), is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding $100.
"57-5-302. Disclosure Violations.--A person is guilty of a felony and upon conviction may be sentenced to pay a fine not exceeding $5000, or to imprisonment not exceeding one year or both, if he will fully and knowingly
(1) gives false or inaccurate information or fails to provide in formation which he is required to disclose under the provisions of this Act on disclosure and advertising (Part 3) of the Article on Credit Sales (Article 2) or of the Article on Loans (Article 3), or of any re lated rule of the Administrator adopted pursuant to this Act
(2) uses any rate table or chart, the use of which is authorized by rule of the Administrator adopted pursuant to the provisions on calcu lation of rate to be disclosed (Section 57-2-204 and Section 57-3-304), in a manner which consistently understates the annual percentage rate determined according to those provisions; or
(3) otherwise fails to comply with any requirement of the provi sions of this Act on disclosure and advertising (Part 3) of the Article on Credit Sales (Article 2) or of the Article on Loans (Article 3), or of any related rule of the Administrator adopted pursuant to this Act."
"CHAPTER 57-6 ARTICLE 6
ADMINISTRATION
PART 1
POWERS AND FUNCTIONS OF ADMINISTRATOR
"57-6-101. Short Title.--This Article shall be known and may be cited as Uniform Consumer Credit Code--Administration.
"57-6-102. Applicability.--This Part applies to persons who in this State
(1) make or solicit consumer credit sales, consumer leases, con sumer loans, consumer related sales (Section 57-2-602) and consumer related loans (Section 57-3-602); or
(2) directly collect payments from or enforce rights against debtors arising from sales, leases, or loans specified in subsection (1), wherever they are made.
"57-6-103. Administrator.--'Administrator' means the Comptroller General of the State of Georgia.
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489
"57-6-104. Powers of Administrator; Harmony with Federal Regu lations; Reliance on Rules; Duty to Report.--(1) In addition to other powers granted by this Act, the Administrator within the limitations provided by law may
(a) receive and act on complaints, take action designed to ob tain voluntary compliance with this Act, or commence proceedings on his own initiative;
(b) counsel persons and groups on their rights and duties under this Act;
(c) establish programs for the education of consumers with respect to credit practices and problems;
(d) make studies appropriate to effectuate the purposes and policies of this Act and make the results available to the public;
and
(e) adopt, amend, and repeal substantive and procedural rules to carry out the provisions of this Act.
(2) The Administrator shall adopt rules not inconsistent with the Federal Consumer Credit Protection Act to assure a meaningful dis closure of credit terms so that a prospective debtor will be able to com pare more readily the various credit terms available to him and to avoid the uninformed use of credit. These rules may require disclosure by persons who arrange for the extension of credit, may contain classifi cations, differentiations, or other provisions and may provide for ad justments and exceptions for any class of transaction subject to this Act which in the judgment of the Administrator are necessary or proper to effectuate the purposes or to prevent circumvention or evasion of, or compliance with, the provisions of this Act relating to disclosure of credit terms.
(3) To keep the Administrator's rules in harmony with the Federal Consumer Credit Protection Act and the regulations prescribed from time to time pursuant to that Act by the Board of Governors of the Federal Reserve System and with the rules of administrators in other jurisdictions which enact the Uniform Credit Code, the Administrator, so far as is consistent with the purposes, policies and provisions of this Act, shall
(a) before adopting, amending, and repeating rules, advise and consult with administrators in other jurisdictions which enact the Uniform Consumer Credit Code; and
(b) in adopting, amending, and repealing rules, take into con sideration:
(i) the regulations so prescribed by the Board of Gov ernors of the Federal Reserve System; and
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(ii) the rules of administrators in other jurisdictions which enact the Uniform Consumer Credit Code.
(4) Except for refund of an excess charge, no liability is imposed under this Act for an act done or omitted in conformity with a rule of the Administrator notwithstanding that after the act or omission the rule may be amended or repealed or be determined by judicial or other authority to be invalid for any reason.
"57-6-105. Administrative Powers with Respect to Supervised Fi nancial Organizations.-- (1) With respect to supervised financial organ izations, the powers of examination and investigation (Sections 57-3-506 and 57-6-106) and administrative enforcement (Section 57-6-108) shall be exercised by the official or agency to whose supervision the organi zation is subject. All other powers of the Administrator under this Act may be exercised by him with respect to a supervised financial organ ization.
(2) If the Administrator receives a complaint or other information concerning non-compliance with this Act by a supervised financial or ganization, he shall inform the official or agency having supervisory authority over the organization concerned. The Administrator may re quest information about supervised financial organizations from the officials or agencies supervising them.
(3) The Administrator and any official or agency of this State having supervisory authority over a supervised financial organization are authorized and directed to consult and assist one another in main taining compliance with this Act. They may jointly pursue investiga tions, prosecute suits, and take other official action, as they deem ap propriate, if either of them otherwise is empowered to take the action.
"57-6-106. Investigatory Powers.--(1) If the Administrator has probable cause to believe that a person has engaged in an act which is subject to action by the Administrator, he may make an investigation to determine if the act has been committed, and, to the extent necessary for this purpose, may administer oaths or affirmations, and, upon his own motion or upon request of any party, may subpoena witnesses, com pel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, docu ments, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.
(2) If the person's records are located outside this State, the person at his option shall either make them available to the Administrator at a convenient location within this State or pay the reasonable and neces sary expenses for the Administrator or his representative to examine them at the place where they are maintained. The Administrator may designate representatives, including comparable officials of the State in which the records are located, to inspect them on his behalf.
FRIDAY, FEBRUARY 21, 1969
491
(3) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected there by, the Administrator may apply to the superior court of the county where the contested case is being heard for an order compelling com pliance.
(4) The Administrator shall not make public the name or identity of a person whose acts or conduct he investigates pursuant to this Sec tion or the facts disclosed in the investigation, but this subsection does not apply to disclosures in actions or enforcement proceedings pursuant to this Act.
"57-6-107. Application of Administrative Procedure Act.--Except as otherwise provided the State administrative procedure act applies to and governs all administrative action taken by the Administrator pur suant to this Article or the Part on Regulated and Supervised Loans (Part 5) of the Article on Loans (Article 3).
"57-6-108. Administrative Enforcement Orders.--(1) After notice and hearing the Administrator may order a creditor or a person acting in his behalf to cease and desist from engaging in violations of this Act. A respondent aggrieved by an order of the Administrator may ob tain judicial review of the order and the Administrator may obtain an order of the court for enforcement of its order in the superior court of the county where the hearing was conducted. The proceeding for review or enforcement is initiated by filing a petition in the court. Copies of the petition shall be served upon all parties of record.
(2) Within 30 days after service of the petition for review upon the Administrator, or within any further time the court may allow, the Administrator shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including any transcript of testimony, which need not be printed. By stipulation of all parties to the review proceeding, the record may be shortened. After hearing, the court may (a) reverse or modify the order if the findings of fact of the Administrator are clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record, (b) grant any temporary relief or restraining order it deems just, and (c) enter an order enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the order of the Administrator, or remanding the case to the Administrator for further proceedings.
(3) An objection not urged at the hearing shall not be considered by the court unless the failure to urge the objection is excused for good cause shown. A party may move the court to remand the case to the Administrator in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon upon good cause shown for the failure to adduce this evidence before the Administrator.
(4) The jurisdiction of the court shall be exclusive and its final judgment or decree shall be subject to review by the appellate courts in the same manner and form and with the same effect as appeals in
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other civil cases. The Administrator's copy of the testimony shall be available at reasonable times to all parties for examination without cost.
(5) A proceeding for review under this Section must be initiated within 30 days after a copy of the order of the Administrator is re ceived. If no proceeding is so initiated, the Administrator may obtain a decree of the superior court of the county where the hearing was con ducted for enforcement of its order upon a showing that the order was issued in compliance with this Section, that no proceeding for review was initiated within 30 days after copy of the order was received, and that the respondent is subject to the jurisdiction of the court.
(6) With respect to unconscionable agreements or fradulent or un conscionable conduct by the respondent, the Administrator may not issue an order pursuant to this Section but may bring a civil action for an injunction (Section 57-6-111).
"57-6-109. Assurance of Discontinuance.--If it is claimed that a person has engaged in conduct subject to an order by the Administrator (Section 57-6-108) or by a court (Sections 57-6-110 through 57-6-112), the Administrator may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an as surance of discontinuance fails to comply with its terms, the assurance is evidence that prior to the assurance he engaged in the conduct de scribed in the assurance.
"57-6-110. Injunctions Against Violations of Act.--The Administra tor may bring a civil action to restrain a person from violating this Act and for other appropriate relief.
"57-6-111. Injunctions Against Unconscionable Agreements and Fraudulent or Unconscionable Conduct.--(1) The Administrator may bring a civil action to restrain a creditor or a person acting in his be half from engaging in a course of
(a) making or enforcing unconscionable terms or provisions of consumer credit sales, consumer leases, or consumer loans;
(b) fradulent or unconscionable conduct in inducing debtors to enter into consumer credit sales, consumer leases, or consumer loans;
(c) fraudulent or unconscionable conduct in the collection of debts arising from consumer credit sales, consumer leases, or con sumer loans.
(2) In an action brought pursuant to this Section the court may grant relief only if it finds
(a) that the respondent has made unconscionable agreements
FRIDAY, FEBRUARY 21, 1969
493
or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct;
(b) that the agreements or conduct of the respondent has caused or is likely to cause injury to consumers; and
(c) that the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions.
(3) In applying this Section, consideration shall be given to each of the following factors, among others:
(a) belief by the creditor at the time consumer credit sales, con sumer leases, or consumer loans are made that there was no reason able probability of payment in full of the obligation by the debtor;
(b) in the case of consumer credit sales or consumer leases, knowledge by the seller or lessor at the time of the sale or lease of the inability of the buyer or lessee to receive substantial benefits from the property or services sold or leased;
(c) in the case of consumer credit sales or consumer leases, gross disparity between the price of the property or services sold or leased and the value of the property or services measured by the price at which similar property or services are readily obtainable in credit transactions by like buyers or lessees;
(d) the fact that the creditor contracted for or received separ ate charges for insurance with respect to consumer credit sales or consumer loans with the effect of making the sales or loans, con sidered as a whole, unconscionable; and
(e) the fact that the respondent has knowingly taken ad vantage of the inability of the debtor reasonably to protect his in terests by reason of physical or mental infirmities, ignorance, illiter acy or inability to understand the language of the agreement, or similar factors.
(4) In an action brought pursuant to this Section, a charge or prac tice expressly permitted by this Act is not in itself unconscionable.
"57-6-112. Temporary Relief.--With respect to an action brought to enjoin violations of the Act (Section 57-6-110) or unconscionable agreements or fraudulent or unconscionable conduct (Section 57-6-111), the Administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in conduct sought to be restrained, it may grant any temporary relief or restraining order it deems appropriate.
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"57-6-113. Civil Actions by Administrator.-- (1) After demand, the Administrator may bring a civil action against a creditor for making or collecting charges in excess of those permitted by this Act. An action may relate to transactions with more than one debtor. If it is found that an excess charge has been made, the court shall order the respondent to refund to the debtor or debtors the amount of the excess charge. If a creditor has made an excess charge in deliberate violation of or in reck less disregard for this Act, or if a creditor has refused to refund an ex cess charge within a reasonable time after demand by the debtor or the Administrator, the court may also order the respondent to pay to the debtor or debtors a civil penalty in an amount determined by the court not in excess of the greater of either the amount of the credit service or loan finance charge or ten times the amount of the excess charge. Re funds and penalties to which the debtor is entitled pursuant to this sub section may be set off against the debtor's obligation. If a debtor brings an action against a creditor to recover an excess charge or civil penalty, an action by the Administrator to recover for the same excess charge or civil penalty shall be stayed while the debtor's action is pending and shall be dismissed if the debtor's action is dismissed with prejudice or results in a final judgment granting or denying the debtor's claim. With re spect to excess charges arising from sales made pursuant to revolving charge accounts or from loans made pursuant to revolving loan accounts, no action pursuant to this subsection may be brought more than two years after the time the excess charge was made. With respect to excess charges arising from other consumer credit sales or consumer loans, no action pursuant to this subsection may be brought more than one year after the due date of the last scheduled payment of the agreement pur suant to which the charge was made. If the creditor establishes by a perponderance of evidence that a violation is unintentional or the result of a bona fide error, no liability to pay a penalty shall be imposed under this subsection.
(2) The Administrator may bring a civil action against a creditor or a person acting in his behalf to recover a civil penalty for willfully violating this Act, and if the court finds that the defendant has en gaged in a course of repeated and willful violations of this Act, it may assess a civil penalty of no more than $5,000. No civil penalty pursuant to this subsection may be imposed for violations of this Act occurring more than two years before the action is brought or for making un conscionable agreements or engaging in a course of fraudulent or un conscionable conduct.
"57-6-114. Jury Trial.--In action brought by the Administrator under this Act, he has no right to trial by jury.
"57-6-115. Debtors' Remedies Not Affected.--The grant of powers to the Administrator in this Article does not affect remedies available to debtors under this Act or under other principles of law or equity.
PART 2
NOTIFICATION AND FEES
"57-6-201. Applicability.--This Part applies to a person engaged in
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495
this State in making consumer credit sales, consumer leases, or con sumer loans and to a person having an office or place of business in this State who take assignments of and undertakes direct collection of pay ments from or enforcement of rights against debtors arising from these sales, leases, or loans.
"57-6-202. Notification.--(1) Persons subject to this Part shall file notification with the Administrator within 30 days after commencing business in this State, and, thereafter, on or before January 31 of each year. The notification shall state:
(a) name of the person;
(b) name in which business is transacted if different from (a);
(c) address of principal office, which may be outside this State;
(d) address of all offices or retail stores, if any, in this State at which consumer credit sales, consumer leases, or consumer loans are made, or in the case of a person taking assignments of obligations, the offices or places of business within this State at which business is transacted;
(e) if consumer credit sales, consumer leases, or consumer loans are made otherwise than at an office or retail store in this State, a brief description of the manner in which they are made;
(f) address of designated agent upon whom service of process may be made in this State (Section 57-1-203) ; and
(g) whether regulated or supervised loans or both are made.
(2) If information in a notification becomes inaccurate after filing, no further notification is required until the following January 31.
"57-6-203. Fees.-- (1) a person required to file notification shall on or before January 31 of each year pay to the Administrator an annual fee of $10 for that year.
(2) Persons required to file notification who are sellers or lessors shall pay an additional fee at the time and in the manner stated in sub section (1) of $10 for each $100,000, or part thereof, in excess of $100,000, of the original unpaid balances arising from consumer credit sales and consumer leases made in this State within the preceding calendar year and held either by the seller or lessor for more than 30 days after the inception of the sale or lease, giving rise to the obliga tions, or by an assignee who has not filed notification. A refinancing of a sale or lease, resulting in an increase in the amount of an obligation, is considered a new sale or lease, to the extent of the amount of the in crease.
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(3) Persons required to file notification who are supervised lenders shall pay an additional fee of three (3%) percent on the total amount of interest collected on any loan by any such licensee from any borrower to whom such licensee has made a loan. The fee provided for herein shall be remitted to the Administrator on or before the 10th day of each month for the preceding calendar month. Said fee is hereby levied and assessed against the person so licensed and shall be paid by such person and shall not be added in any manner as an additional fee or charge against the borrower. Any person licensed under the provisions of this Act who adds such fee in any manner as an additional fee or charge against the borrower shall be liable for the recovery of triple the amount of such charge against the lender in any court of competent jurisdiction. The term 'interest collected' means the gross amount of interest charged and collected on loan contracts less any amount of unearned interest re funded to borrowers and such interest on such portion of uncollectible accounts that are charged off as bad debts by the licensee, except for those licensees whose records are kept on an accrual basis, the three (3%) percent fee shall be remitted on such portion of the interest ac cruing during the payable month.
(4) Persons required to file notification who are assignees shall pay an additional fee at the time and in the manner stated in subsection (1) of $10 for each $100,000, or part thereof, of the unpaid balances at the time of the assignment of obligations arising from consumer credit sales and consumer leases made in this State taken by assignment dur ing the preceding calendar year, but an assignee need not pay a fee with respect to an obligation on which the assignor and other person has al ready paid a fee.
PART 3
COUNCIL OF ADVISORS ON CONSUMER CREDIT
"57-6-301. Council of Advisors on Consumer Credit.--(1) There is hereby created the Council of Advisors on Consumer Credit consisting of 16 members, who shall be appointed by the Administrator. One of the Advisors shall be designed by the Administrator as Chairman. In ap pointing members of the Council, the Administrator shall seek to achieve a fair representation from the various segments of the consumer credit industry and the public.
(2) The term of office of each member of the Council is 4 years. Of those members first appointed, four shall be appointed for a term of 1 year, four for a term of 2 years, four for a term of 3 years, and four for a term of 4 years. A member chosen to fill a vacancy arising other wise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. A member of the Council is eligible for reappointment.
(3) Members of the Council shall serve without compensation but are entitled to reimbursement of expenses incurred in the performance of their duties.
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497
"57-6-302. Function of Council; Conflict of Interest.--The Council shall advise and consult with the Administrator concerning the exer cise of his powers under this Act and may make recommendations to him. Members of the Council may assist the Administrator in obtaining compliance with this Act. Since it is an objective of this Part to obtain competent representatives of creditors and the public to serve on the Council and to assist and cooperate with the Administrator in achiev ing the objectives of this Act, service on the Council shall not in itself constitute a conflict of interest regardless of the occupations or associa
tions of the members.
"57-6-303. Meetings.--The Council and Administrator shall meet together at a time and place designated by the Chairman at least twice each year. The Council may hold additional meetings when called by the Chairman."
"CHAPTER 57-7 ARTICLE 7
RESERVED FOR FUTURE USE"
"CHAPTER 57-8 ARTICLE 8
RESERVED FOR FUTURE USE"
"CHAPTER 57-9
ARTICLE 9
EFFECTIVE DATE AND REPEALER
"57-9-101. Provisions for Transition.-- (1) Transactions entered into before this Act takes effect and the rights, duties, and interests flowing from them thereafter may be terminated, completed, consum mated, or enforced as required or permitted by any statute, rule of law, or other law amended, repealed, or modified by this Act as though the repeal, amendment, or modification had not occurred, but this Act ap plies to
(a) refinancings, consolidations, and deferrals made after this Act takes effect of sales, leases, and loans whenever made;
(b) sales or loans made after this Act takes effect pursuant to revolving charge accounts (Section 57-2-108) and revolving loan ac counts (Section 57-3-108) entered into, arranged, or contracted for before this Act takes effect; and
(c) all credit transactions made before this Act takes effect in sofar as the article on remedies and penalties (Article 5) limits the remedies of creditors.
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(2) With respect to revolving charge accounts (Section 57-2-108) and revolving loan accounts (Section 57-3-108) entered into, arranged, or contracted for before this Act takes effect, disclosure pursuant to the provisions on disclosure (Section 57-2-310 and Section 57-3-309), shall be made not later than 30 days after this Act takes effect.
"57-9-102. Continuation of Licensing.--All persons licensed or otherwise authorized under the provisions of the 'Georgia Industrial
Loan Act' (Ga. Laws 1955, p. 431), as amended, on the effective date of this Act are licensed to make supervised loans under this Act pursuant to the Part on Regulated and Supervised Loans (Park 5) of the Article on Loans (Article 3), and all provisions of that Part apply to the per sons so previously licensed or authorized. The Administrator may, but is not required to, deliver evidence of licensing to the persons so previous ly licensed or authorized.
"57-9-103. Legal Rate of Interest Under Certain Conditions.--If there is no agreement or provision of law for a different rate, the inter est of money shall be at the rate of seven percent per annum."
Section 2. (1) Except as otherwise provided in this Section, this Act shall become effective on July 1, 1969.
(2) To the extent appropriate to permit the Administrator to pre pare for operation of this Act when it takes effect and to act on appli cations for licenses to make supervised loans under this Act (subsec tion (1) of Section 57-3-503), the Part on Regulated and Supervised Loans (Part 5) of the Article on Loans (Article 3) and the Article on Administration (Article 6) shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval.
Section 3. Code Section 16-101, relating to loans to persons not members of building and loan associations and rates of interest, as amended, is hereby amended by striking the words "eight percent." and inserting in lieu thereof the words "ten percent", so that when so amended Code Section 16-101 shall read as follows:
"16-101. Loans to persons not members; rate of interest.--All building and loan associations are authorized to lend money to per sons not members thereof, nor shareholders therein, at ten percent or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of the principal and the interest for the entire period of the loan into monthly or other installments, and to take security by mortgage with waiver of exemption or title, or both, upon and to real estate situated in the county in which such building and loan association or partnership may be located; and such building and loan associa tion shall be construed to be located in any county wherein it has an office, agent, or resident correspondent: Provided, however, the associations shall not be compelled to lend their funds exclusively in the manner hereinbefore specified, but also shall have authority to make loans to members of the industrial and working classes and all other persons, due at fixed intervals not exceeding 12 months, and secured in whole or in part by personal indorsements and by
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499
its own fully paid stock or stock payable on the installment plan, certificates of indebtedness, fully paid, or payable on the install ment plan, or both indorsements or such securities, or other per sonal security and choses in action, and on such loans so made and secured as aforesaid, it shall be lawful to deduct interest in ad vance, but not to exceed ten percent discount, and the installments payments, if any, made on such hypothecated stock or certificates of indebtedness, during the time the loan is of force may or may not bear interest, at the option of the association, and the taking of said installment payments on said hypothecated stock, certificates of indebtedness, choses in action, or other evidences shall not be deemed usurious."
Section 4. Code Section 25-116, relating to loans to members and officers of credit unions and rates of interest, as amended, is hereby amended by striking the words, symbol, and number "one (1%) per cent" and inserting in lieu thereof the words, symbol, and number "one and one-half (1%%) percent", so that when so amended Code Section 25-116 shall read as follows:
"25-116. Loans to officers, directors, members of committee, employees and members; limit; interest. Credit unions may lend money to its members at reasonable rates of interest which shall not exceed one and one-half (lMi%) percent per month, for such purposes and upon such security as may be approved by the credit committee. A member who needs funds with which to purchase necessary supplies for growing crops may receive a loan in fixed monthly installments. A borrower may repay the whole or any part of his loan on any day on which the office of the corporation is open for the transaction of business.
"No loans shall be made to any officer, director, member of the credit committee, member of the supervisory committee, or employee, in excess of his share-holdings and deposits pledged as security for such loan, except upon the unanimous approval of a special com mittee, sitting together for the purpose of passing upon such loan, composed of a majority of the members of the credit committee, two or more directors, and one member of the supervisory committee. No person shall vote upon any loan in which he personally has a direct or indirect financial interest. The approval of all loans to officers, directors, members of committees and employees of a credit union shall be reported to the Board of Directors at its next meeting.
"No credit union shall be authorized to lend to any individual borrower, on an unsecured loan, more than one (1%) percent of the first $100,000 of its deposits and shares plus one-fourth (% of 1%) of one percent of its deposits and shares over $100,000, or, on a se cured loan, more than ten (10%) percent of the first $100,000 of its deposits and shares, plus four (4%) percent of the next $1,000,000 of its deposits and shares, plus one (1%) percent of its deposits and shares over $1,100,000. Deposits and shares reflected in the state ment of condition on the last calendar day of the preceding year shall be used to establish loan limits for the subsequent calendar
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year. Provided, however, a newly established credit union may use deposits and shares reflected in the statement of condition at the end of the preceding month to establish loan limits for the subse quent calendar month.
" 'Borrower' means the person to whom the loan is actually made and shall not include any obligations which he may incur by being an endorser or guarantor for another borrower.
" 'Secured loan' means a loan for which collateral is given and a loan which is personally endorsed."
Section 5. Code Section 109A-9-203, relating to the enforceability of a security interest, proceeds and formal requisites, is hereby amended by striking subsection (2) in its entirety and inserting in lieu thereof a new subsection (2) to read as follows:
"(2) A transaction, although subject to this Article, is also sub ject to the Uniform Consumer Credit Code, Title 57 of the Code of Georgia, and in the case of conflict between the provisions of this Article and the Uniform Consumer Credit Code, the provisions of the Uniform Consumer Credit Code control. Failure to comply with the Uniform Consumer Credit Code has only the effect which is specified therein."
Section 6. Specific repealer.--(1) Title 57 of the Code of Georgia, relating to interest and usury, as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 463), is hereby repealed in its entirety.
(2) An Act known as the "Georgia Industrial Loan Act", approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended by an Act approved June 30, 1955 (Ga. Laws 1955, Ex. Sess., p. 57), an Act approved February 13, 1956 (Ga. Laws 1956, p. 86), an Act approved March 8, 1957 (Ga. Laws 1957, p. 331), an Act approved February 17, 1959 (Ga. Laws 1959, p. 55), an Act approved April 9, 1963 (Ga. Laws 1963, p. 370), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 288), is hereby repealed in its entirety.
(3) An Act relating to interest rates on loans by certain corpora tions, approved March 30, 1961 (Ga. Laws 1961, p. 300), is hereby re pealed in its entirety.
(4) An Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to prior lien or security deed, approved March 16, 1966 (Ga. Laws 1966, p. 574), as amended by an Act approved April 14, 1967 (Ga. Laws 1967, p. 637), and an Act approved April 8, 1968 (Ga. Laws 1968, p. 1086), is hereby repealed in its entirety.
(5) An Act known as "The Retail Installment and Loan Solicita tion Sales Act", approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1088), is hereby repealed in its entirety.
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501
(6) An Act known as the "Motor Vehicle Sales Finance Act", ap proved April 18, 1967 (Ga. Laws 1967, p. 674), is hereby repealed in its entirety.
(7) Code Section 13-2019, relating to interest rates charged by banks, is hereby repealed in its entirety.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Kidd of the 25th moved that SB 18 be postponed until Tuesday, February 25th.
On the motion, the ayes were 29, nays 0.
The motion prevailed, and SB 18 was postponed until Tuesday, February 25th.
HB 113. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-105 to extend the boundary between Georgia and Florida from the mouth of St. Marys River to the seaward limit 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 114. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-102, to extend the boundary between Georgia and South Carolina from the mouth of Savannah River to sea ward limit of Georgia as now or hereafter fixed by the Congress of the United States; and for other purposes.
The report 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.
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The bill, having received the requisite constitutional majority, was passed.
HB 115. By Mr. Harrison of the 66th:
A bill to amend Georgia Code 15-101, so as to conform same to the presently existing boundaries of this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HE 45. By Messrs. Gaynor of the 88th, Funk of the 92nd, Ellis of the 91st, Whaley of the 93rd, Jones of the 87th, Battle of the 90th and Hill of the 94th:
A resolution declaring certain land as surplus and empowering and directing the Governor to execute the necessary documents, so as to vest title of said land in 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 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 46. By Mr. Geisinger of the 72nd:
A bill to provide that any party, defendant or other person permitted or required by law to give or post bond (or bail) as surety or security for the happening of any event or act, may discharge such requirement by depositing cash in the amount of the bond so required with the appro priate person; 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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503
On the passage of the bill, the ayes1 were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 110. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, Hudgins of the 15th and Coggin of the 35th:
A bill to amend an Act establishing the Georgia State War Veterans' Home, approved June 22, 1955, (Ga. L. 1955, Ex. Sess., p. 18), as amended, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 160. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st, Doss of the 52nd and others:
A bill to amend an Act providing for grants to certain municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the cost of providing personnel and equipment for traffic control, approved March 31, 1965, (Ga. L. 1965, p. 458), as amended, so as to define the meaning of the word "population" as used in this Act; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 160 by striking Section 1 and inserting in lieu thereof:
"(d) Whenever 'population' is used in this Act, it means the population according to the latest U. S. Decennial Census or a Special Population Census conducted by the United States Bureau of Census in those municipalities in which such census has been conducted, as provided in subsection (f), whichever of the two censuses is the most current; provided, however, that no more than one such Special Census shall be conducted by any municipality in each decade."
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On the adoption of the amendment, the ayes were 38, nays 1, and the amend ment was adopted.
Senator Abney of the 53rd offered the following amendment:
Amend SB 160 by adding a new sentence to read as follows at the end of Section 1 (d) as amended, said sentence to read as follows:
"All newly created municipalities shall also be eligible to re ceive said grants."
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 22, nays 15.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Starr of the 44th gave notice that at the proper time he would move that the Senate reconsider its action on SB 160.
SB 111. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, Hudgins of the 15th and Coggin of the 35th: A bill to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, approved Feb. 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 131), so as to authorize said Department to also transport Georgia veterans to, from and between facilities operated by the Veterans Service Board for the care and treatment of 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 37, nays 0.
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505
The bill, having received the requisite constitutional majority, was passed.
SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th and Adams of the 26th:
A bill to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, ap proved Feb. 13, 1956, (Ga. L. 1956, p. 52), so as to provide for a defini tion of the term "State property"; to provide an effective date; to re peal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 127. By Senator Coggin of the 35th: A bill to amend an Act known as the "Statewide Probation Act", so as to provide certain rules and regulations promulgated by the Director of Probation and approved by the State Board of Probation shall be adopted, established, promulgated, amended, repealed, filed and pub lished in accordance with applicable provisions set forth in the "Ga. Administrative Procedure Act"; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 127 by striking Section 2 and inserting in lieu thereof: "Section 2. The provisions of this Act shall become effective
on December 31, 1969."
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.
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The bill, having received the requisite constitutional majority, was passed as amended.
SB 128. By Senator Coggin of the 35th:
A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that certain rules and regulations adopted and promulgated by the Board of Pardons and Paroles shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with applicable provisions set forth in "Ga. Administrative Procedure Act"; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 128 by striking Section 2 and inserting in lieu thereof:
"Section 2. The provisions of this Act shall become effective on December 31, 1969."
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 passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 130. By Senator Coggin of the 35th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to provide that certain rules and regulations shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions as set forth in "Ga. Administrative Procedures Act"; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
FRIDAY, FEBRUARY 21, 1969
507
Amend SB 130 by striking Section 2 and inserting in lieu thereof:
"Section 2. The provisions of this Act shall become effective on December 31, 1969."
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 258. By Mr. McCracken of the 36th:
A bill to amend Code Section 34-1407, relating to the custody and de positing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that challenged absentee ballots shall be counted as other ballots; and for other purposes.
The report 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 39. By Messrs. Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th and others: A bill to amend an Act establishing the State Department of Air Trans portation, so as to change the membership of the State Board of Trans portation; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
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Amend HB 39 by inserting in the title and in Section 1 im mediately following the date "March 8, 1968" the following:
"(Ga. Laws 1968, p. 130)".
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.
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 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st: A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
The House has agreed to the Senate amendment to the following resolution of the House, to-wit:
HR 192. By Messrs. Smith of the 43rd and Busbee of the 61st: A resolution relative to adjournment; and for other purposes.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
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509
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and resolution 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 26. SB 63. SB 117. SB 124. SB 131. SB 132. SR 37.
Respectfully submitted, Eldridge of 7th District, Chairman.
The following resolution was read and adopted:
SR 68. By Senators Kennedy of the 4th, Gillis of the 20th, Searcey of the 2nd and others:
A resolution commending Honorable Cartha D. "Deke" DeLoach; and for other purposes.
Pursuant to the provisions of HR 192, Senator Dean of the 6th moved that the Senate do now adjourn until 10:00 o'clock on Monday, February 24th.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock Monday, February 24th.
510
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, February 24, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th reported that the journal of Friday's proceedings had been read and found correct.
Senator Starr of the 44th moved that the Senate reconsider its action on Friday of the following bill of the Senate:
SB 160. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A bill to amend an Act providing for grants to certain municipalities of this State for the purpose of aiding in the construction and mainten ance of streets and for aiding in defraying the cost of providing per sonnel and equipment for traffic control, so as to define the meaning of the word "population" as used in this Act; and for other purposes.
On the motion to reconsider, the ayes were 25, nays 5.
The motion prevailed, and SB 160 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Kennedy of the 4th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees.
MONDAY, FEBRUARY 24, 1969
511
6. Third reading and passage of local, uncontested bills and resolutions.
7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Paul Crank, and as the nurse of the day, Mrs. Alice Martin.
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 471. By Mr. Hadaway of the 27th: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County, so as to change the salary of said sheriff; and for other purposes.
HB 472. By Mr. Hadaway of the 27th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jones County, so as to provide for commissioner posts; and for other purposes.
HB 475. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to create the Coosa Valley Area Vocational Technical School System; to provide for a Board of Trustees of said System; to provide for the powers and duties of the Board of Trustees; and for other pur poses.
HB 476. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide that the city general elections be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.
512
JOURNAL OF THE SENATE,
HB 477. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to clarify the powers and duties of the City Manager and the Rome City Commission with respect to the appointment, discharge and govern ing of chiefs of fire and police departments by placing these powers under the immediate control of the City Manager; and for other purposes.
HB 478. By Messrs. Graves, Toles, and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide that excess funds therein may be invested subject to the restrictions placed upon investments of domestic life insurance com panies; and for other purposes.
HB 480. By Messrs. Bostick and Matthews of the 63rd: A bill to amend an Act placing the Ordinary of Tift County upon a salary in lieu of a fee basis, so as to increase the salary of the Ordinary of Tift County from $8,000 per annum to $9,000 per annum; and for other purposes.
HB 481. By Messrs. Bostick and Matthews of the 63rd: A bill to amend an Act placing the sheriff of Tift County on a salary basis, so as to change the total amount of compensation to be paid deputies, jailers, clerks and assistants; and for other purposes.
HB 482. By Messrs. Mason and Nash of the 13th: A bill to amend an Act creating the Gwinnett Judicial Circuit, so as to provide for an Investigator for the office of the District Attorney of the Gwinnett Judicial Circuit; and for other purposes.
HB 483. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act establishing a City Court in the City of Syl vester in Worth County, so as to provide that the judge of said court may engage in the general practice of law in all courts except the City Court of Sylvester; and for other purposes.
HB 486. By Mr. McCracken of the 36th:
A bill to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to change the provisions relative to the employment of deputies; and for other purposes.
MONDAY, FEBRUARY 24, 1969
513
HB 487. By Mr. McCracken of the 36th:
A bill to amend an Act entitled "An Act to fix the compensation for the members of the board of roads and revenues of Jefferson County . . .", so as to change the compensation of the commissioners; and for other purposes.
HB 492. By Mr. Clarke of the 33rd:
A bill to abolish the present mode of compensating the Tax Receiver of Butts County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
HB 493. By Mr. Clarke of the 33rd:
A bill to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse; and for other purposes.
HB 494. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Commissioner of Rockdale County), so as to change the salary of said Commissioner; and for other purposes.
HB 495. By Messrs. Vaughn and Jordan of the 74th: A bill to abolish the present mode of compensating the ordinary of Rockdale County, known as the fee system; to provide in lieu thereof an an nual salary; and for other purposes.
HB 496. By Messrs. Vaughn and Jordan of the 74th: A bill to fix the compensation of the clerk of the Superior Court of Rockdale County; and for other purposes.
HB 497. By Messrs. Vaughn and Jordan of the 74th: A bill to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to change the salary of said sheriff, and the salaries of his deputies; and for other purposes.
HB 244. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A bill to amend an Act relative to the taxation of cigars and cigarettes, as amended, so as to impose certain duties on dealers and distributors; and for other purposes.
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JOURNAL OF THE SENATE,
HB 304. By Mr. Jordan of the 74th:
A bill to amend Code Section 32-942 relating to the keeping of school funds, separate from other funds, so as to provide that said funds may be invested in securities of the States, United States, municipalities of the State, or certificates of deposit; and for other purposes.
HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th, Ployd and Davis of the 75th, Collins of the 62nd, Jordan of the 74th, Evans of the 81st, Ellis of the 91st and others:
A bill to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 369. By Mr. Phillips of the 50th: A bill to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 198. By Messrs. Levitas and Thomason of the 77th, Morris of the 73rd, Dean of the 76th, Ezzard of the 102nd and Gates of the 95th:
A resolution commending the Atlanta Chiefs; and for other purposes.
The following bills were introduced, read the first time, and referred to committees:
SB 191. By Senator Bateman of the 27th:
A bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by pay ments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; and for other purposes.
Referred to Committee on County and Urban Affairs.
MONDAY, FEBRUARY 24, 1969
515
SB 192. By Senators Doss of the 52nd, Smith of the 18th, Gillis of the 20th and others:
A bill to amend Code Section 92-6912, relating to the arbitration of tax assessments, so as to provide that the findings of the arbitrators, as to assessments, shall be binding until there are improvements made to the property which have the effect of raising its value, or until the State Revenue Commissioner may affect such findings and orders, or until there is a general revaluation of property in the county; to repeal con flicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 193. By Senators Coggin of the 35th and Smith of the 18th: A bill to amend an Act which made comprehensive provision for an in tegrated tax administration for Georgia, so as to remove the limitation on the number of motor vehicles which may be purchased for use in en forcing the laws, rules, and regulations relating to distilled spirits and alcohol; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 194. By Senator Holley of the 22nd: A bill to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, so as to authorize banks to acquire shares in any Small Business Investment Company provided the aggregate amount of shares does not exceed a certain percentage of its capital and unimpaired surplus; to repeal conflicting laws; and for other purr poses.
Referred to Committee on Banking and Finance.
SB 195. By Senator Stephens of the 36th: A bill to prohibit the use of lie detector tests as a condition of employ ment; to provide penalties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
SB 196. By Senator London of the 50th: A bill to abolish the present mode of compensating the ordinary of Fannin County, known as the fee system; to provide in lieu thereof an an nual salary; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OP THE SENATE,
SB 197. By Senator London of the 50th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills were read the first time and referred to committees:
HB 244. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A bill to amend an Act relative to the taxation of cigars and cigarettes as amended, so as to impose certain duties on dealers and distributors; and for other purposes.
Referred to Committee on Banking and Finance.
HB 304. By Mr. Jordan of the 74th: A bill to amend Code Section 32-942 relating to the keeping of school funds, separate from other funds, so as to provide that said funds may be invested in securities of the States, United States, municipalities of the State, or certificates of deposit; and for other purposes.
Referred to Committee on Banking and Finance.
HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th and others:
A bill to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.
Referred to Committee on Industry and Labor.
HB 471. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County, so as to change the salary of said sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 472. By Mr. Hadaway of the 27th: A bill to amend an Act creating a Board of Commissioners of Roads
MONDAY, FEBRUARY 24, 1969
517
and Revenues for Jones County, so as to provide for commissioner posts; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 475. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to create the Coosa Valley Area Vocational Technical School System; to provide for a Board of Trustees of said System; to provide for the powers and duties of the Board of Trustees; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 476. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide that the city general elections be held on Tuesday next following the first Monday in November in the year next preceding expiration of the term; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 477. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to clarify the powers and duties of the City Manager and of the Rome City Commission with respect to the appointment, discharge and governing of chiefs of fire and police departments by placing these powers under the immediate control of the City Manager; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 478. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the city of Rome, so as to provide that excess funds therein may be invested subject to the restrictions placed upon investments of domestic life insurance com panies; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 480. By Messrs. Bostick and Matthews of the 63rd:
A bill to amend an Act placing the Ordinary of Tift County upon a salary in lieu of a fee basis, so as to increase the salary of the Ordinary of Tift County from $8,000 per annum to $9,000 per annum; and for other purposes.
Referred to Committee on County and Urban Affairs.
518
JOURNAL OF THE SENATE,
HB 481. By Messrs. Bostick and Matthews of the 63rd:
A bill to amend an Act placing the sheriff of Tift County on a salary basis, so as to change the total amount of compensation to be paid deputies, jailers, clerks and assistants; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 482. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit, so as to provide for an Investigator for the office of District Attorney of the Gwinnett Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 483. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act establishing a City Court in the City of Syl
vester in Worth County, so as to provide that the judge of said court
may engage in the general practice of law in all courts except the City
:
Court of Sylvester; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 486. By Mr. McCracken of the 36th:
A bill to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to change the provisions relative to the employ ment of deputies; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 487. By Mr. McCracken of the 36th:
A bill to amend an Act entitled "An Act to fix the compensation for the members of the board of roads and revenues of Jefferson Coun ty . . .", so as to change the compensation of the commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 492. By Mr. Clarke of the 33rd:
A bill to abolish the present mode of compensating the Tax Receiver of Butts County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
Referred to Committee on County and Urban Affairs.
MONDAY, FEBRUARY 24, 1969
519
HB 493. By Mr. Clarke of the 33rd:
A bill to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 494. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Commissioner of Rockdale County), so as to change the salary of said Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 495. By Messrs. Vaughn and Jordan of the 74th:
A bill to abolish the present mode of compensating the ordinary of Rockdale County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 496. By Messrs. Vaughn and Jordan of the 74th: A bill to fix the compensation of the clerk of the Superior Court of Rockdale County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 497. By Messrs. Vaughn and Jordan of the 74th: A bill to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to change the salary of said sheriff, and the salaries of his deputies; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following resolution was read and adopted:
SR 69. By Senator Adams of the 5th:
A resolution expressing regrets at the passing of Honorable Millard A. Copeland; and for other purposes.
520
MONDAY, FEBRUARY 24, 1969
The following bills and resolutions were read the second time:
SB 178. By Senator Chapman of the 32nd:
A bill to amend an Act providing for the licensing of practical nurses, so as to provide that applicants for a license to practice as a practical nurse need not be a citizen of the United States; to repeal conflicting laws; and for other purposes.
SB 179. By Senators Chapman of the 32nd, Hardy of the 56th and Fincher of the 54th:
A bill to provide for the necessary consents for the treatment of minors for venereal disease; to repeal conflict herewith; and for other purposes.
SB 180. By Senators Bateman of the 27th, Garrard of the 37th, London of the 50th and others:
A bill to amend an Act relating to the exemption of property from tax ation, so as to exempt from taxation all apartment projects for persons age 62 or over and who have annual incomes of $4,000 or less, which are owed by religious groups and which were financed by Federal loan funds pursuant to Section 202 of the Federal Housing Act; and for other purposes.
SB 181. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for a person to force his lessee, agent or franchise dealer to purchase game promotions; and for other purposes.
SB 182. By Senator Trippe of the 31st:
A bill to amend an Act entitled "An Act to authorize the investment from time to time of the proceeds of bonds issued by any county, etc.; to define the securities in which such funds may be invested; etc." so as to authorize the investment of bond proceeds in additional types of in vestments; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 183. By Senator Webb of the llth:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that local units of school administra tion may obtain competitive bids from vendors on such standard items of school equipment, supplies, services or expenses, and may purchase such items from the vendor submitting the best bid therefor to the local
MONDAY, FEBRUARY 24, 1969
521
unit only if the bid price of such vendor is less than State bid price on such items; and for other purposes.
SB 184. By Senator Trippe of the 31st:
A bill to amend Code Section 108-417, relating to investments by trustees, so as to provide for the investment of trust funds by trustees and for matters relative thereto: to repeal conflicting laws; and for other purposes.
SB 185. By Senator Kidd of the 25th:
A bill to provide preference for certain veterans in any civil service program established in the State government or any political subdivision thereof; to provide the procedure connected therewith; to define "armed conflict"; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 186. By Senator Starr of the 44th:
A bill to amend Code Chapter 36-3, relating to notice and payment of compensation for taking or damaging private property, so as to provide for a right of action by the owner of private property taken or damaged without compensation or condemnation proceedings; to repeal conflict ing laws; and for other purposes.
SB 187. By Senator Walling of the 42nd:
A bill to provide for an advisory referendum election to be held in DeKalb County, Ga., for the purpose of ascertaining whether the county manager form of county government is desired by the people of such county; and for other purposes.
SB 188. By Senator Zipperer of the 3rd:
A bill to amend an Act creating a new charter for the City of Guyton, and amendatory Acts thereto, providing for the qualifications of Mayor and fixing the salary of City officials, to repeal conflicting laws; and for other purposes.
SB 189. By Senators Walling of the 42nd, Plunkett of the 30th and Bateman of the 27th:
A bill to amend an Act relating to negotiation of contracts by the State Highway Director and/or the State Highway Department, to provide for the negotiation of contracts by the State Highway Director and/or the State Highway Department, with incorporated municipalities; to repeal conflicting laws; and for other purposes.
522
JOURNAL OF THE SENATE,
SB 190. By Senator Holley of the 22nd:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for the conversion of a regulated certificated bank into a State chartered bank; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
SR 67. By Senators Starr of the 44th and Coggin of the 35th: A resolution requesting that the Civil Aeronautics Board award to a Georgia based carrier, and/or a carrier presently serving Atlanta, with applications now pending, the certification to operate between Atlanta, Georgia, and Hawaii, and beyond.
HB 49. By Mr. Alexander of the 108th: A bill to amend an Act establishing a new charter for the City of At lanta, relating to the Ombudsman Chapter; and for other purposes.
HB 51. By Mr. Paris of the 14th:
A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough and others of the 81st:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
HB 135. By Mr. Rowland of the 42nd:
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, buildings, furniture and equipment therefor, for repairs and alterations; and for other purposes.
HB 136. By Mr. Rowland of the 42nd:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law" (now the "Employment Security
MONDAY, FEBRUARY 24, 1969
523
Law"), so as to extend the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.
HB 138. By Messrs. Peterson and Nunn of the 41st:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to be composed of the County of Houston; and for other purposes.
HB 160. By Mr. Miller of the 83rd:
A bill to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.
HB 218. By Mr. Williams of the llth:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regulations for the administration and enforcement of the motor vehicle inspection program, etc.; and for other purposes.
HB 286. By Mr. Harrison of the 66th:
A bill to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 73-4 of the Code of 1933", so as to provide for a method of service of adoption proceedings upon parents who abandon the child to be adopted; and for other purposes.
HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.
HB 333. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others: A bill to amend an Act exempting the compensation received by cer tain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.
524
JOURNAL OF THE SENATE,
HB 384. By Mr. Jones of the 87th, Funk of the 92nd, Whaley of the 93rd and others:
A bill to amend an Act incorporating the Town of Vernonburg, so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto; and for other purposes.
HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st:
A bill to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motor cycles; to provide that certain protective headgear and eye-protective devices must be worn by persons riding upon motorcycles; and for other purposes.
HB 418. By Messrs. Ballard of the 23rd, Sorrells of the 24th, Farmer of the 16th and others:
A bill to amend an Act providing for issuing special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.
HB 447. By Messrs. Bostick of the 63rd, Rowland of the 42nd and Lee of the 21st:
A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other purposes.
HR 90. By Mr. Colwell of the 5th:
A resolution designating a certain highway in Union and White Coun ties, Georgia, as the Richard B. Russell Scenic Highway; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Padgett of the 23rd District, Chairman of the Committee on Penal & Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal & Correctional Affairs has had under considera-
MONDAY, FEBRUARY 24, 1969
525
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 145. Do pass. SB 148. Do pass. SB 149. Do pass. SB 173. Do pass. SB 174. Do pass. SB 175. Do pass.
Respectfully submitted, Padgett of 23rd District, Chairman.
Scripture reading and prayer were offered by Father Richard Morrow, St. Thomas Catholic Church, Smyrna, Georgia.
Senator Searcey of the 2nd asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A bill to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other pur poses.
Senator Bateman of the 27th offered the following amendment:
Amend HB 83 by putting a period after the words "signed by him" and striking the remainder of subsection (e), Section 4; and by strik ing from Section 7, subsection (b) the sentence "The physician shall not participate in the procedures for removing or transplanting part."
526
JOURNAL OF THE SENATE,
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, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th, Carter of the 14th, Young of the 13th, Searcey of the 2nd and others:
A bill to provide for the protection, preservation and investigation of archaeological sites, antiquities and artifacts on State properties; to provide for all procedures, requirements and other matters in connec tion with the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 4.
The bill, having received the requisite constitutional majority, was passed.
HR 62. By Messrs. Burruss, McDaniell, Wilson, Kreeger, Atherton, Housley and Henderson of the 117th:
A resolution pertaining to Uniform Time; 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 1.
The resolution, having received the requisite constitutional majority, was adopted.
MONDAY, FEBRUARY 24, 1969
527
The following resolution was read and adopted:
SR 70. By Senators Reeder of the 55th and Kidd of the 25th:
A resolution commending Captain Max Cleland for his bravery in action in the Vietnam War; and for other purposes.
Captain Cleland, accompanied by his parents, Mr. and Mrs. Joseph H. Cle land, his sister and brother-in-law, appeared upon the floor of the Senate, and were introduced by Senator Reeder of the 55th.
Captain Cleland addressed the Senate briefly.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appro priations heretofore or hereafter made for the operation of the agen cies of the State provided for herein and the purposes provided for herein; and for other purposes.
The president resolved the Senate into a Committee of the Whole for the purpose of considering HB 76.
The Committee of the Whole was dissolved.
Senator Plunkett of the 30th, chairman of the Committee of the Whole, submitted the following report:
"Mr. President, the Committee of the Whole Senate has had under consideration HB 76 and has instructed me as its Chairman, to report the same back to the Senate, with the recommendation that the same do pass by substitute."
The Committee on Appropriations offered the following substitute:
528
JOURNAL OF THE SENATE,
A BILL
To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein and the purposes provided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby appro priated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.
Section 1. Legislative Branch 1968-69 _______________________.____..___...__-....$2,200,000.00
Provided that the objects in the Budget Report shall be changed to read as follows:
Personal Services ......__________________..._...........$ 900,000.00
Operating Expenses --..._.._....._._..__........--...........$1,100,000.00
Section 2. Comptroller General 1968-69 .___--__-_____._-_-_-----$ 75,708.00
Section 3. Department of Industry and Trade 1968-69 _______-----______________________--.$ 173,100.00
Section 4. Secretary of State--Combined Divisions 1968-69 _--------------..........----..__..__.........$ 42,250.00
Section 5. Department of Agriculture 1968-69 ______________..___----_.....__....___....$1,000,000.00
Provided that the objects in the Budget Report shall be changed to read as follows:
Operating Expenses .._....___________________.____$ 35,000.00
Fire Ant Eradication ____________________________________$ 715,000.00
Hog Cholera Indemnities ___.____._____________._$ 150,000.00
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529
Section 6. Department of Mines, Mining and Geology --Surface Mined Land Use Board
1968-69 _-__--_-_---_--.___..-..._...-..._.,,-_-$ 25,500.00
Section 7. North Georgia Mountains Commission 1968-69 -.._....-.-._,,__,,__-------_-_------_-----------_,,---_-----.$ 35,400.00
Section 8. State Board of Corrections 1968-69 ____.___-_--._-----_--.-_..-._..._.....-._,,,,--.--$ 100,000.00
Section 9. State Board of Education--Department of Education
1968-69 .________....-._._.__..-----.----_-_...._._.._.....$ 769,994.00
Section 10. Highway Department Capital Outlay-- Airport Development
1968-69 _,,__---__--__._--_-_...__--...__---$ 446,364.00
Section 11. Governor's Emergency Fund 1968-69 _.__.__..____._....._._.______..__.________..$1,350>000.00
Section 12. Game and Fish Commission 1968-69 -.......__..___.---_.-_----_-..-__...__._.._._-$ 20,000.00
Provided that the above amount is appropriated to the Game and Fish Commission to be placed in operating ex penses for the purpose of paying Workmen's Compensation benefits.
Section 13. 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 recommendations contained in the Supple mental Budget Report submitted to the General Assembly at the regular January, 1969, session, 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 conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or ac tivity not currently having an appropriation, nor which would require operating funds or capital outlay funds be yond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Repre sentatives in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit
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from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any de partment, bureau, board, commission, institution, or other agency of the State show transfers made in violation of this Section. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the gov ernment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operat ing budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 14. In the event it is determined by the Bud get Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the fore going Sections of this Act and the General Appropriations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each such appropriation made, except authority lease rental funds and other consti tutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).
The amounts of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State,
Provided, further, the Budget Bureau is hereby di rected to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sec tions of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in ex cess as determined by the Budget Bureau shall cease to be an obligation of the State.
TOTAL APPROPRIATION--1968-69 ___._--_________________$6,238,316.00
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of Section 1 of the committee substitute, the ayes were 81, nays 1, and Section 1 was adopted.
MONDAY, FEBRUARY 24, 1969
531
On the adoption of Section 2 of the committee substitute, the ayes were 29, nays 4, and Section 2 was adopted.
Senator Searcey of the 2nd offered the following amendment to Section 3 of the committee substitute:
Amend committee substitute to HB 76 as follows:
Deleting from Section 3 the figures $173,100 and substituting the figures $23,100.
On the adoption of the amendment to Section 3 of the committee substitute, the ayes were 1, nays 41, and the amendment was lost.
Senator Abney of the 53rd offered the following amendment to the com mittee substitute for HB 76:
Amend committee substitute by adding a new sentence at the end of Section 3 to read as follows:
"No funds shall be used for the purchase of beer, wine, or any alcoholic beverages or mixed drinks."
On the adoption of the amendment, Senator Abney of the 53rd called for the ayes and nays.
On the motion, the ayes were 2, nays 18, and the motion was lost.
On the adoption of the amendment to Section 3 of the committee substitute, the ayes were 15, nays 25, and the amendment was lost.
On the adoption of Section 3 of the committee substitute, the ayes were 40, nays 0, and Section 3 was adopted.
On the adoption of Section 4 of the committee substitute, the ayes were 43, nays 0, and Section 4 was adopted.
Senator Smalley of the 28th offered the following amendment to Section 5 of the committee substitute:
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Amend committee substitute to HB 76 by striking the word "objects" from the proviso of Section 5 and adding in lieu thereof the phrase: "object 'operating expenses',".
On the adoption of the amendment to Section 5 of the committee substitute, the ayes were 37, nays 0, and the amendment was adopted.
On the adoption of Section 5, as amended, the ayes were 39, nays 0, and Section 5 was adopted as amended.
Senator Andrews of the 49th moved that the Senate reconsider its action on Section 1 of the committee substitute.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
Senator Hensley of the 33rd offered the following amendment to the com mittee substitute for HB 76:
Amend committee substitute for HB 76 by adding at the end of Personal Services, $900,000.00 in Section 1, the following: "provided that $30,000.00 of the $900,000.00 for Personal Services shall be used for the purpose of retaining a Budget Analyst for the General As sembly".
On the adoption of the amendment, the ayes were 8, nays 25, and the amendment was lost.
Senator Smalley of the 28th offered the following amendment to the com mittee substitute to HB 76:
Amend HB 76 committee substitute by adding in Section 1 after the word "objects" in the proviso, the words:
"personal services and operating expenses".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment to the Committee substitute was adopted.
On the adoption of Section 1 as amended, the ayes were 39, nays 0, and Section 1 of the committee substitute was adopted as amended.
MONDAY, FEBRUARY 24, 1969
533
On the adoption of Section 6 of the committee substitute, the ayes were 33, nays 0, and Section 6 was adopted.
On the adoption of Section 7 of the committee substitute, the ayes were 37, nays 0, and Section 7 was adopted.
On the adoption of Section 8 of the committee substitute, the ayes were 33, nays 0, and Section 8 was adopted.
On the adoption of Section 9 of the committee substitute, the ayes were 35, nays 0, and Section 9 was adopted.
On the adoption of Section 10 of the committee substitute, the ayes were 30, nays 0, and Section 10 was adopted.
On the adoption of Section 11 of the committee substitute, the ayes were 37, nays 1, and Section 11 was adopted.
On the adoption of Section 12 of the committee substitute, the ayes were 35, nays 0, and Section 12 was adopted.
On the adoption of Section 13 of the committee substitute, the ayes were 32, nays 0, and Section 13 was adopted.
On the adoption of Section 14 of the committee substitute, the ayes were 38, nays 0, and Section 14 was adopted.
On the adoption of Section 15 of the committee substitute, the ayes were 38, nays 0, and Section 15 was adopted.
On the adoption of Section 16 of the committee substitute, the ayes were 36, nays 0, and Section 16 was adopted.
On the adoption of the committee substitute as amended, the ayes were 41, nays 0, and the committee 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.
The bill involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams of 5th Adams of 26th Andrews Bateman Broun Brown Carter Chapman Coggin Cox
Dean Doss Eldridge
Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London
McGill Miller Noble
Padgett Pennington Plunkett Reeder
Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th Spinks Starr Stephens
Trippe Vann Walling
Ward Webb Young Zipperer
Voting in the negative were Senators Abney of the 53rd and Smith of the 34th.
By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SR 55. By Senator Hensley of the 33rd:
A resolution requesting that the national television networks and sta tions devise a procedure whereby television viewers can be informed in advance that a particular program may contain matter which should not be seen by small children; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
MONDAY, FEBRUARY 24, 1969
535
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 62. By Senator Abney of the 53rd:
A resolution requesting the Governor to designate one day in each year as the "Annual Oldtimers' Day"; and for other purposes.
Senator Abney of the 53rd offered the following amendment:
Amend SR 62 by inserting on the second line from the bottom of page one between "WSB" and "WAGA" the call letters "WPLO" so that when amended said paragraph shall read as follows:
"Whereas, WSB, WPLO, WAGA, WTJH, WYZE AND WGST are among the stations that pioneered Country and Western music; and WHEREAS, WRNG radio has rendered a valuable service on behalf of Country and Western music by interviewing many persons who are experts in this field."
On the adoption of the amendment, the ayes were 26, nays 3, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the ayes were 31, nays 9.
The resolution, having received the requisite constitutional majority, was adopted as amended.
SB 122. By Senator Fincher of the 51st:
A bill to amend an Act relating to motor vehicle licenses, as amended, so as to provide for a partial credit, or the purchase of another license and tag, on tags surrendered to the State Revenue Commissioner under certain circumstances; and for other purposes.
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The Committee on Public Utilities and Transportation offered the following substitute:
A BILL
To be entitled an Act to amend Code Chapter 92-29, relating to motor vehicle licenses, as amended, so as to provide for a partial credit on the purchase of another license and tag on tags surrendered to the State Revenue Commissioner under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 92-29, relating to motor vehicle licenses, as amended, is hereby amended by adding a new Code Section immedi ately following Code Section 92-2902, relating to annual fees for operat ing motor vehicles, to be designated Code Section 92-2902.1 and to read as follows:
"92-2902.1. Partial credits. Any person, firm, corporation or association registering any of the vehicles described in subsetion (3) (h) (i) (j) and (k) and subsection (10) (g) (h) (i) (j) and (k) of Code Section 92-2902 shall be entitled to sur render the license and tag issued therefor to the State Revenue Commissioner, and receive a partial credit on the license fee paid, which credit shall be maintained in the records of the State Reve nue Department, and deducted from any license fees required in that same calendar year for a new registration of any such ve hicles by the said person, firm, corporation or association. A credit equal to three-fourths of the annual fee required for such tag shall be allowed for a license and tag surrendered between January 1 and April 30 of any year. A credit equal to one-half of the an nual fee required for such tag shall be allowed for a license and tag surrendered between May 1 and July 31 of any year. A credit equal to one-fourth of the annual fee required for such tag shall be allowed for a license and tag surrendered between August 1 and October 31 of any year. No credit shall be allowed on any tag pur chased between November 1 and December 31 of any year. Pro vided, however, that if any credit shall exceed the cost of license fees required for said new registration during the year, no refund shall be permitted, and no credit shall be carried over into any succeeding year."
Section 2. The effective date of this Act shall be January 1, 1970.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Coggin of the 35th moved that SB 122 be indefinitely postponed.
MONDAY, FEBRUARY 24, 1969
537
On the motion to indefinitely postpone, the ayes were 8, nays 35, and the motion was lost.
Senator Coggin of the 35th moved that SB 122 be postponed until February 25th.
On the motion, the ayes were 38, nays 1, and the motion prevailed.
SB 107. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, Hudgins of the 15th and Coggin of the 35th:
A bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; to clarify pay provisions; to provide for certain immunity; to repeal conflicting laws; and for other purposes.
Senator Smalley of the 28th offered the following amendment:
Amend SB 107 by substituting the word "armory" for the phrase "State active" in the caption and in subsection (c) of quoted Section 32 of Section 1.
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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional ma jority the following bill of the Senate, to-wit:
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SB 121. By Senator Coggin of the 35th:
A bill to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of in terest from 8% per annum to 9% per annum in certain transactions; and for other purposes.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 110. SB 111. SB 116. SB 127. SB 128. SB 130.
Respectfully submitted, Eldridge of the 7th District, Chairman.
The following resolution was read and adopted:
HR 198. By Messrs. Levitas and Thomason of the 77th, Morris of the 73rd, Dean of the 76th, Ezzard of the 102nd and Gates of the 95th: A resolution commending the Atlanta Chiefs; and for other purposes.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
TUESDAY, FEBRUARY 25, 1969
539
Senate Chamber, Atlanta, Georgia, Tuesday, February 25, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Young of the 13th 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 Jackson of the 16th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor for today, Dr. Ollie McGahee, and as the nurse for today, Miss Shirley Boss.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
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HB 37. By Mr. Mauldin of the 12th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Associa tion may become members of said Retirement System; and for other purposes.
HB 144. By Mr. Pafford of the 64th:
A bill to amend Code Section 100-101, relating to the State Depository Board and the naming and appointment of Depositories, so as to autho rize the State Depository Board to name and appoint as State Deposi tories those banks which have deposits insured by the Federal Deposit Insurance Corporation; and for other purposes.
HB 262. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for issuing new birth certificates that are not marked amended; and for other purposes.
HB 263. By Messrs. Smith of the 3rd and Brown of the 32nd::
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; and for other pur poses.
HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other pur poses.
HB 278. By Messrs. Lane of the 44th, Holder of the 49th and Hargrett of the 58th:
A bill to amend Chapter 84-9 of the Code of Georgia of 1933 relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; and for other purposes.
HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth, Berry of the 85th:
A bill to amend "Georgia Military Forces Reorganization Act", so as to
TUESDAY, FEBRUAEY 25, 1969
541
provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; and for other purposes.
HR 64. By Mr. Games of the 104th:
A resolution to amend a resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968 (Ga. L. 1968, p. 1170), pro viding compensation for two juvenile court judges who are on the Commission that were appointed by said committee; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 219. By Mr. Harrison of the 66th: A resolution commending Honorable Don Lee Hartman; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 39. By Messrs. Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th, Hill of the 97th, Dean of the 19th and Floyd of the 7th: A bill to amend an Act establishing the State Department of Air Trans portation, so as to change the membership of the State Board of Trans portation; and for other purposes.
HB 297. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 198. By Senator Trippe of the 31st:
A bill to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks which go into voluntary liquida tion, so as to provide that all such deposits shall be paid into the
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State Treasury at the end of three years; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 199. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the City Court of Claxton, so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 200. By Senators Reynolds of the 48th and London of the 50th:
A bill to abolish the fee system of compensating the clerk of the supe rior court, ordinary, tax receiver, tax collector or tax commissioner of the various counties in this State, and the clerk and solicitor of any city or county court; to provide the procedure connected therewith; to provide an effective date; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 201. By Senator Jackson of the 16th:
A bill to create within the executive branch of government the Geor gia Department of Water Resources; to provide the procedure con nected with the foregoing; to repeal a specific law; to repeal conflict ing laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 202. By Senator Hensley of the 33rd:
A bill to amend Code Title 13 known as the "Banking Law" of Geor gia, so as to remove the provisions relating to private banks and bank ers; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 203. By Senators Stephens of the 36th, Smith of the 34th and Ward of the 39th:
A bill to provide that in all counties of the State having a population of 500,000 or more, there is hereby levied and assessed a special tax upon hotels and motels as defined herein; and for other purposes.
Referred to Committee on Banking and Finance.
TUESDAY, FEBRUARY 25, 1969
543
SB 204. By Senators Johnson of the 38th, Coggin of the 35th, Smith of the 34th and others:
A bill to provide that in the City of Atlanta and in Pulton County, Georgia, the joint City-County Board of Tax Assessors shall have authority to continue assessment for taxes against any real property within the said City and County; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 205. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to amend an Act entitled an Act to establish a method for provid ing fire prevention systems in Fulton County, so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four (4) and to increase the sums which may be expended for fire prevention and protection without creation of a fire district to thirty thousand ($30,000) dollars per annum; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 206. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to provide that the governing authorities of Fulton County shall have authority to make uniform assessments against abutting property for lateral sanitary sewers laid adjacent to said property; to provide a uniform method for making assessments; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 207. By Senators Smith of the 34th, Cox of the 21st, Hill of the 29th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for determining the amount of funds needed by local units for transporting pupils to school; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 208. By Senators Trippe of the 31st and McGill of the 24th:
A bill to amend Code Chapter 57-1, relating to interest and usury, so as to authorize any person to agree in writing, whether originally or by renewal or extension, to pay such rate of interest as he may deter mine on certain loans; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
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SR 71. By Senators Miller of the 43rd and Hill of the 29th:
A resolution proposing an amendment to the Constitution to provide that the General Assembly shall annually appropriate to the State Department of Public Health certain percentages of the alcoholic beverage taxes collected by the State to be used to construct facilities and administer programs for the care and treatment of alcoholic patients; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
Referred to Committee on Banking and Finance.
SR 72. By Senators Coggin of the 35th, Stephens of the 36th, Smith of the 34th and others:
A resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to issue bonds without a referendum election under certain conditions; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 73. By Senators Stephens of the 36th, Smith of the 34th, Coggin of the 35th and others:
A resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to levy an annual tax upon each automobile licensed to operate in said county in an amount not to exceed $5.00; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 74. By Senators Hensley of the 33rd, Hardy of the 56th, Doss of the 52nd and others:
A resolution proposing an amendment to the Constitution, so as to provide that the compensation of any elected officer or official whose compensation is fixed by law may not be changed during the term of office to which he was elected; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SR 75. By Senators Smalley of the 28th and Bateman of the 27th:
A resolution proposing an amendment to the Constitution, so as to provide certain requirements in connection with laws pertaining to retirement and pension systems expending public funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Retirement.
TUESDAY, FEBRUARY 25, 1969
545
SR 76. By Senator Stephens of the 36th:
A resolution creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 77. By Senators Spinks of the 9th, Carter of the 14th, Young of the 13th and others:
A resolution relative to the promotion and encouragement of tourism; and for other purposes.
Referred to Committee on Rules.
The following bills and resolution were read the first time and referred to committees:
HB 37. By Mr. Mauldin of the 12th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Associa tion may become members of said Retirement System; and for other purposes.
Referred to Committee on Retirement.
HB 144. By Mr. Pafford of the 64th:
A bill to amend Code Section 100-101, relating to the State Depository Board and the naming and appointment of Depositories, so as to authorize the State Depository Board to name and appoint as State Depositories those banks which have deposits insured by the Federal Deposit Insurance Corporation; and for other purposes.
Referred to Committee on Banking and Finance.
HB 262. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for issuing new birth certificates that are not marked amended; and for other purposes.
Referred to Committee on Health and Welfare.
HB 263. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code" so as to provide a procedure whereby a patient who is a legal resident
546
JOURNAL OF THE SENATE,
of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; and for other purposes.
Referred to Committee on Health and Welfare.
HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other pur poses.
Referred to Committee on Health and Welfare.
HB 278. By Messrs. Lane of the 44th, Holder of the 49th and Hargrett of the 58th:
A bill to amend Chapter 84-9 of the Code of Georgia of 1933 relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; and for other purposes.
Referred to Committee on Health and Welfare.
HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HR 64. By Mr. Carnes of the 104th:
A resolution to amend a resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968, (Ga. L. 1968, p. 1170), providing compensation for two juvenile court judges who are on the Commission that were appointed by said committee; and for other purposes.
Referred to Committee on Judiciary.
The following bills were read the second time:
SB 191. By Senator Bateman of the 27th:
A bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by pay-
TUESDAY, FEBRUARY 25, 1969
547
ments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; and for other purposes.
SB 192. By Senators Doss of the 52nd, Smith of the 18th, Gillis of the 20th and others:
A bill to amend Code Section 92-6912, relating to the arbitration of tax assessments, so as to provide that the findings of the arbitrators, as to assessments, shall be binding until there are improvements made to the property which have the effect of raising its value, or until the State Revenue Commissioner may affect such findings and orders, or until there is a general revaluation of property in the county; to repeal conflicting laws; and for other purposes.
SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A bill to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, so as to remove the limita tion on the number of motor vehicles which may be purchased for use in enforcing the laws, rules, and regulations relating to distilled spirits and alcohol; to repeal conflicting laws; and for other purposes.
SB 194. By Senator Holley of the 22nd:
A bill to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, so as to authorize banks to acquire shares in any Small Business Investment Company provided the aggregate amount of shares does not exceed a certain percentage of its capital and unimpaired surplus; to repeal conflicting laws; and for other purposes.
SB 195. By Senator Stephens of the 36th:
A bill to prohibit the use of lie detector tests as a condition of employ ment; to provide penalties; to repeal conflicting laws; and for other purposes.
SB 196. By Senator London of the 50th:
A bill to abolish the present mode of compensating the ordinary of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 197. By Senator London of the 50th: A bill to abolish the present mode of compensating the clerk of the
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JOURNAL OF THE SENATE,
Superior Court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
KB 244. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A bill to amend an Act relative to the taxation of cigars and cigarettes as amended, so as to impose certain duties on dealers and distributors; and for other purposes.
HB 304. By Mr. Jordan of the 74th:
A bill to amend Code Section 32-942 relating to the keeping of school funds, separate from other funds, so as to provide that said funds may be invested in securities of the States, United States, municipalities of the State, or certificates of deposit; and for other purposes.
HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th and others:
A bill to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.
HB 471. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County, so as to change the salary of said sheriff; and for other purposes.
HB 472. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jones County, so as to provide for commissioner posts; and for other purposes.
HB 475. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to create the Coosa Valley Area Vocational Technical School Sys tem; to provide for a Board of Trustees of said System; to provide for the powers and duties of the Board of Trustees; and for other purposes.
HB 476. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide that the city general elections be held on the Tuesday next
TUESDAY, FEBRUARY 25, 1969
549
following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.
HB 477. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to clarify the powers and duties of the City Manager and of the Rome City Commission with respect to the appointment, discharge and governing of chiefs of fire and police departments by placing these powers under the immediate control of the City Manager; and for other purposes.
HB 478. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide that excess funds therein may be invested subject to the restrictions placed upon investments of domestic life insurance com panies; and for other purposes.
HB 480. By Messrs. Bostick and Matthews of the 63rd:
A bill to amend an Act placing the Ordinary of Tift County upon a salary in lieu of a fee basis, so as to increase the salary of the Ordinary of Tift County from $8,000 per annum to $9,000 per annum; and for other purposes.
HB 481. By Messrs. Bostick and Matthews of the 63rd:
A bill to amend an Act placing the sheriff of Tift County on a salary basis, so as to change the total amount of compensation to be paid deputies, jailers, clerks and assistants; and for other purposes.
HB 482. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit, so as to provide for an Investigator for the office of the District Attorney of the Gwinnett Judicial Circuit; and for other purposes.
HB 483. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act establishing a City Court in the City of Sylvester in Worth County, so as to provide that the judge of said court may en gage in the general practice of law in all courts except the City Court of Sylvester; and for other purposes.
HB 486. By Mr. McCracken of the 36th: A bill to amend an Act placing the sheriff of Jefferson County upon an
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JOURNAL OP THE SENATE,
annual salary, so as to change the provisions relative to the employment of deputies; and for other purposes.
HB 487. By Mr. McCracken of the 36th:
A bill to amend an Act entitled "An Act to fix the compensation for the members of the board of roads and revenues of Jefferson Coun ty . . .", so as to change the compensation of the commissioners; and for other purposes.
HB 492. By Mr. Clarke of the 33rd:
A bill to abolish the present mode of compensating the Tax Receiver of Butts County, known as the fee system; to provide in lieu thereof an an nual salary for such officer; and for other purposes.
HB 493. By Mr. Clarke of the 33rd:
A bill to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse; and for other purposes.
HB 494. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Commissioner of Rockdale County), so as to change the salary of said Commissioner; and for other purposes.
HB 495. By Messrs. Vaughn and Jordan of the 74th:
A bill to abolish the present mode of compensating the ordinary of Rockdale County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 496. By Messrs. Vaughn and Jordan of the 74th:
A bill to fix the compensation of the clerk of the Superior Court of Rockdale County; and for other purposes.
HB 497. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to change the salary of said sheriff, and the salaries of his deputies; and for other purposes.
TUESDAY, FEBRUARY 25, 1969
551
The following reports of standing committees were read by the secretary:
Senator Holloway of the 12th District, Chairman of the Committee on Indus try 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 re port the same back to the Senate with the following recomendations:
SB 64. Do pass. SB 81. Do pass as amended.
SB 105. Do not pass. SB 120. Do pass. SB 181. Do pass. HB 128. Do pass as amended.
HB 447. Do pass.
Respectfully submitted, Holloway of 12th District, Chairman.
Senator Chapman of the 32nd 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 96. Do pass as amended.
SB 178. Do pass.
SB 179. Do pass.
HB 23. Do pass.
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JOURNAL OP THE SENATE,
HB 260. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Ju diciary, 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 74. Do pass by substitute.
SB 123. Do not pass.
SB 125. Do pass.
HB 47. Do pass by substitute.
HB 380. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban 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 363. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
TUESDAY, FEBRUARY 25, 1969
553
The following resolution was read and adopted:
HR 219. By Mr. Harrison of the 66th:
A resolution commending Honorable Don Lee Hartman; and for other purposes.
Scripture reading and prayer were offered by Dr. James Wesberry, pastor, Morningside Baptist Church, Atlanta, Georgia.
Senator Searcey of the 2nd asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 122. By Senator Fincher of the 51st: A bill to amend an Act relating to motor vehicle licenses, as amended, so as to provide for a partial credit, or the purchase of another license and tag, on tags surrendered to the State Revenue Commissioner under certain circumstances; and for other purposes.
Senator Fincher of the 51st moved that SB 122 be postponed until March 3rd.
On the motion, the ayes were 29, nays 0, and the motion prevailed.
SB 145. By Senator Padgett of the 23rd: A bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved Feb. 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to require the State Board of Correc tions to furnish an inmate released from State penal institutions and county works camps a certain sum of money; and for other purposes.
Senator Tysinger of the 41st offered the following amendment: Amend SB 145 by striking from Section 21 the word "vest" from the
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articles of clothing as provided to the released prisoner under the terms of this section.
On the adoption of the amendment, the ayes were 40, 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care and su pervision of youth of the State, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, so as to provide for the acceptance and incarceration of all misdemeanants and felons under the age of 17 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 34, nays 7.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:
TUESDAY, FEBRUARY 25, 1969
555
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and for the purposes provided for herein; and for other purposes.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 148. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to amend an Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, approved Feb. 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to change the provisions relating to the extension of the limits of the place of confine ment of certain prisoners; to provide an effective date; 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 36, nays 3.
The bill, having received the requisite constitutional majority, was passed.
SB 173. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, as amend ed, so as to authorize the Director of Corrections to permit certain pris oners to leave their places of confinement for limited social visits; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 7.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
SB 174. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, as amended, so as to provide for the issuance of court orders requiring the production of prisoners seeking trials upon pending indictments, to repeal conflict ing laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 175. By Senator Padgett of the 23rd:
A bill to amend an Act to comprehensively revise the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved Feb. 20, 1956 (Ga. L. 1956, pp. 161, 181), so as to provide that when certain prisoners are needed as witnesses or are de sired as defendants in court, the judge of the court shall order the Board of Corrections to deliver the prisoner to 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 121. By Senator Coggin of the 35th: A bill to amend Code Chapter 57-1, relating to interest and usury, as
TUESDAY, FEBRUARY 25, 1969
557
amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain transactions; and for
other purposes.
Mr. Maxwell of the 78th offered the following substitute to SB 121:
To be entitled an Act to amend Code Chapter 57-1, relating to in terest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maxi mum rate of interest from 8% per annum to 9% per annum in trans actions, whether originally or by renewal or extension, where the se curity for any loan, charge, reserve, advance of money, or forbearance to enforce collection of money, is or includes real property or an inter est therein; to provide that certain loans guaranteed by the Veterans Administration, or insured by the Federal Housing Administration, may bear interest in excess of nine per cent per annum; to repeal conflicting laws; to declare the legislative intent and existing law of Georgia for the method of computing interest; to provide for severability; to provide an effective date; and for other purposes.
WHEREAS, due to economic conditions, rates of interest have re cently increased substantially to the extent that many citizens are find ing it difficult, if not impossible, to obtain loans for the purchase of homes at rates set by Georgia law; and
WHEREAS, in the future such rates are expected to vary from time to time according to demand and loans will be harder, if not impos sible, for borrowers to obtain; and
WHEREAS, those who borrow and give as security for the loan real estate or an interest therein should be able to determine for them selves whether they are willing to pay for the use of money beyond the present limitations set by Georgia law; and
WHEREAS, this Act is expected to promote and make possible the purchase of homes by Georgians which will be Federally guaranteed and insured, all to the benefit of this State and of its citizens.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. Code Chapter 57-1, relating to interest and usury, as amended, is hereby amended by adding between Code Sections 57-101 and 57-102 a new Code Section to be numbered 57-101.1 and to read as follows:
"57-101.1. (a) Notwithstanding any other provisions of this Code, Title, or any other Acts to the contrary, the maximum rate of interest of 8% per annum shall not be applicable and the legal maximum rate shall be 9% per annum in transactions where the
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JOURNAL OF THE SENATE,
security given for any loan, charge, reserve, advance of money, or forbearance to enforce collection of money, is or includes real prop erty or an interest therein; provided, however, that the rate of in terest for a loan, the repayment of which is guaranteed by the Veterans Administration pursuant to the provisions of Public Law 85-857 (72 Stat. 1203), or insured by the Federal Housing Admin istration pursuant to the provisions of Sub-Chapter II of Chapter 13 of Title 12 of the United States Code Annotated, may exceed
nine percent per annum.
(b) For the purpose of this Title, it is declared to be the intent of the Legislature and the existing Law of Georgia that the rate of interest shall be computed upon the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term. Any sums of money reserved or taken for the loan or forbearance which are in the nature of and taken into account in the calculation of interest, even though paid at one time, shall be spread over the stated term of the loan for the pur pose of determining the rate of interest under this Code Section.
(c) The foregoing subsection shall apply to all loan transac tions and all renewals and extensions of prior loan transactions en tered into after the effective date of this Code Section.
(d) Nothing contained in this Code Section shall be construed to amend, modify, supersede or repeal any Act, Code Section, or any other law which presently allows any person, company, or corporation to reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than 8% per annum, including but not limited to, the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. Laws 1955, p. 431), as now or hereafter amend ed, or an Act approved March 30, 1961 (Ga. Laws 1961, p. 300), the same being codified as Georgia Code Section 57-118 and relating to interest rates on loans by certain corporations; or an Act approved March 16, 1966 (Ga. Laws 1966, p. 574), as now or hereafter amended, relating to charges and interest on secondary security deeds; or an Act approved August 16, 1912 (Ga. Laws 1912, p. 144) as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 463), relating to interest on installment loans, the same being codified as Georgia Code Section 57-116 as amended.
Section 2. If any Section, provision, sentence or phrase of this Act shall be declared unconstitutional, or void for any other reason, such adjudication shall not affect the other Sections and provisions hereof, but same shall be preserved, and the remainder thereof shall be left intact and valid.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
TUESDAY, FEBRUARY 25, 1969
559
Senator Coggin of the 35th moved that the Senate agree to the House substi tute to SB 121.
On the motion, the ayes were 31, nays 8, and the House substitute was agreed to.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropria tions heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
Senator Plunkett of the 30th moved that the Senate insist on its substitute to HB 76.
On the motion, the ayes were 43, nays 0, and the motion prevailed.
Senator Smalley of the 28th gave notice that at the proper time he would move that the Senate reconsider its action in agreeing to the House substitute to the following bill of the Senate:
SB 121. By Senator Coggin of the 35th:
A bill to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of inter est from 8% per annum to 9% per annum in certain transactions; and for other purposes.
The following resolution was read and adopted:
SR 78. By Senators Doss of the 52nd, Andrews of the 49th, Zipperer of the 3rd and others:
A resolution commending the Five Outstanding Young Men of Georgia; and for other purposes.
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JOURNAL OF THE SENATE,
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Floyd of the 7th, Odom of the 61st, and Harrison of the 66th.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
Senator Plunkett of the 30th moved that the Senate insist on its substitute to HB 76 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 Plunkett of the 30th, Coggin of the 35th and Holloway of the 12th.
TUESDAY, FEBRUARY 25, 1969
561
The following reports of standing committees were read by the secretary:
Senator Pennington of the 45th District, Chairman of the Committee on Ag riculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 113. Do pass.
SB 141. Do pass.
Respectfully submitted, Pennington of 45th District, Chairman.
Senator Hensley of the 33rd District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 54. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SR 53. Do pass as amended.
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JOURNAL OP THE SENATE,
SB 126. Do pass.
SB 157. Do pass by substitute.
SB 182. Do pass.
SB 184. Do pass.
SB 190. Do pass as amended.
SB 202. Do pass.
SB 208. Do pass.
SB 114. Do pass by substitute.
HB 288. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Andrews of the 49th District, Chairman of the Committee on Edu cational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to re port the same back to the Senate with the following recommendations:
SB 163. Do not pass.
HB 203. Do pass.
HB 202. Do pass.
HB 250. Do pass.
Respectfully submitted, Andrews of 49th District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Ju diciary, submitted the following report:
TUESDAY, FEBRUARY 25, 1969
563
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 318. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Plunkett of the 30th District, Chairman of the Committee on Ap propriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 135. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and resolution 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 107.
SB 146.
SR 62.
Respectfully submitted, Eldridge of 7th District, Chairman.
564
JOURNAL OF THE SENATE,
Senator Searcey of the 2nd moved that the Senate do now adjourn until 9:30 tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 26, 1969
565
Senate Chamber, Atlanta, Georgia, Wednesday, February 26, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th reported that the journal of yesterday's proceedings had been read and found correct.
Senator Smalley of the 28th moved that the Senate reconsider its action in agreeing to the House substitute to the following bill of the Senate:
SB 121. By Senator Coggin of the 35th: A bill to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain transactions; and for other purposes.
On the motion to reconsider, the ayes were 17, nays 22.
The motion, having failed to receive the requisite constitutional majority, was lost.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees.
566
JOURNAL OF THE SENATE,
0. Third reading and passage of local, uncontested bills and resolutions.
7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor for today, Dr. Lamar Loaters, and as the nurse for today, Mrs. Alice Martin.
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 292. By Mr. Mason of the 13th: A bill to repeal an Act entitled, "An Act to establish the city court of Buford, in the City of Buford, in the County of Gwinnett .... ."; and for other purposes.
HB 308. By Mr. Lewis of the 37th: A bill to authorize and direct the governing authorities of Burke County to provide additional compensation to the secretary of the Senior Judge of the Augusta Judicial Circuit; and for other purposes.
HB 464. By Messrs. Sweat and Dixon of the 65th: A bill to abolish the present method of compensating the tax collector and tax receiver of Clinch County, known as the fee system, and to pro vide in lieu thereof an annual salary for such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 465. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act providing a new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, so as to change the hours for holding elections; to change the provisions relat ing to the lawful voting age; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 26, 1969
567
HB 466. By Mr. Sweat of the 65th:
A bill to amend an Act placing the sheriff of Clinch County on an an nual salary in lieu of the fee system of compensation, approved March 30, 1965, (Ga. L. 1065, p. 2897), as amended, so as to authorize the sheriff to employ an additional deputy; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 469. By Messrs. Sherman and DeLong of the 80th, Connell of the 79th, Simkins, Maxwell and Miles of the 78th:
A bill to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of said county; and for other purposes.
HB 503. By Messrs. Kreeger, Atherton, Wilson, Housley, Burruss and Henderson of the 117th:
A bill to amend an Act incorporating the City of Powder Springs, so as to provide for election of Mayor and City Councilmen; and for other purposes.
HB 504. By Messrs. Kreeger, Housley, Atherton, Burruss, Wilson and Henderson of the 117th:
A bill to provide for the compensation of the Judge of the Cobb County Juvenile Court; and for other purposes.
HB 508. By Messrs. Kreeger, Wilson, Atherton, Housley and Henderson of the 117th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner 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 510. By Messrs. DeLong and Sherman of the 80th, Miles, Maxwell and Simkins of the 78th, Connell and Dent of the 79th:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide that there shall be sixteen members of the Richmond County Board of Education, the 16th member of which shall be elected from the 121st militia district beginning with the election in 1969, to a four-year term; and for other purposes.
HB 512. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating the State Court of Laurens County, so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.
568
JOURNAL OP THE SENATE,
HB 516. By Messrs. Cole and Leonard of the 3rd:
A bill to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; and for other purposes.
HB 517. By Messrs. Cole and Leonard of the 3rd:
A bill to authorize the creation of water, sewerage, garbage, electricity, gas or fire protection districts within Whitfield County by the governing authority of said county; and for other purposes.
HB 520. By Messrs. Paris of the 14th, Mauldin and Milford of the 12th and Barber of the 15th:
A bill to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, so as to change said salary; to provide said salary shall be paid; and for other purposes.
HB 521. By Messrs. Bond of the lllth, Brown of the 110th, Alexander of the 108th, Horton and Gates of the 95th, Hood of the 99th and others:
A bill to provide for the suspension of the duty to pay for dwellings certified to be unfit for human habitation in all municipalities of this State having a population of not less than 400,000; and for other purposes.
HB 526. By Mr. Wamble of the 69th:
A bill to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of the city by including therein all territory, parcels of land and tracts heretofore annexed to or purported to be incorporated within the limits of the city by City Annexation Ordinances; and for other purposes.
HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A bill to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.
HB 530. By Messrs. Kreeger, McDaniell, Housley, Atherton and Burruss of the 117th:
A bill to amend an Act known as the "Cobb County Civil Service Sys tem Act", so as to provide that the governing authority of Cobb County, may by resolution, place certain department heads under the Civil Service System and under certain conditions remove department heads from the provisions of this Act; and for other purposes.
WEDNESDAY, FEBRUARY 26, 1969
569
HB 531. By Mr. Wheeler of the 57th:
A bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; and for other purposes.
HB 535. By Messrs. Kreeger, Wilson, Atherton, Housley, Burrus, Henderson and McDaniell of the 117th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues of Cobb County, so as to empower said board to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for other purposes.
HB 536. By Messrs. Lane of the 101st, Horton, Pelton, Gates and Hawes of the 95th:
A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the salary of the Mayor; and for other purposes.
HB 537. By Messrs. Lane of the 101st, Horton, Felton, Gates and Hawes of the 95th:
A bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, relating to employees; and for other purposes.
HB 541. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Thompson of the 86th:
A bill to create the Muscogee County Charter Commission; to provide for all procedures and matters connected with the foregoing; and for other purposes.
HB 544. By Mr. Grahl of the 40th:
A bill to amend an Act entitled "An Act to amend, revise, and consoli date the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on within said city; and for other purposes.
HB 545. By Mr. Grahl of the 40th:
A bill to amend an Act entitled "An Act to amend, revise, and consoli date the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suitable privy
570
JOURNAL OF THE SENATE,
or water closet accommodations upon such improved premises; and for other purposes.
HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A bill to amend an Act consolidating, amending and codifying the vari ous Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.
HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
HB 553. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Twiggs County and providing in lieu thereof an annual salary, so as to change provisions relating to the number of deputies, etc.; and for other purposes.
HB 554. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Twiggs, so as to change the compensation of the commissioners of said board; and for other purposes.
HB 555. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Jasper County and providing in lieu thereof an annual salary, so as to change the compensation of said sheriff; and for other purposes.
HB 556. By Mr. Hadaway of the 27th:
A bill to amend an Act creating the Board of County Commissioners of Jasper County, so as to change the compensation of the chairman and members of said commission, and to provide for reimbursement of cer tain expenses; and for other purposes.
HB 204. By Mr. Henderson of the 117th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to pro vide for the number of Assistant District Attorneys that may be em-
WEDNESDAY, FEBRUARY 26, 1969
571
ployed by the District Attorney; to provide for compensation of the Dis trict Attorney and Assistant District Attorney; and for other purposes.
HB 491. By Mr. Clarke of the 33rd:
A bill to amend an Act creating a Board of Commissioners of Butts County, so as to authorize the Board to designate one of its members to perform additional duties and to be compensated therefor; and for other purposes.
HB 506. By Messrs. Russell and Keyton of the 70th:
A bill to amend an Act creating a new charter for the Town of Meigs, so as to extend the corporate limits of said Town; and for other purposes.
HB 542. By Messrs. Kreeger, Wilson, Housley, McDaniell, Atherton and Burruss of the 117th:
A bill to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ two full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking-down of criminal felony cases; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 9. By Mr. Harris of the 77th: A resolution compensating Mrs. Jessie L. Rust; and for other purposes.
HR 18. By Mr. Mauldin of the 12th:
A resolution compensating Miss Linda Deanne Morris; and for other purposes.
572
JOURNAL OP THE SENATE,
HE 19. By Mr. Mauldin of the 12th: A resolution compensating Mr. Jimmy D. Bond; and for other purposes.
HR 20. By Mr. Smith of the 43rd:
A resolution compensating Mr. William B. Johnson; and for other purposes.
HR 34. By Messrs. Matthews, Fallin and Bostick of the 63rd: A resolution compensating Mr. C. P. Lewis; and for other purposes.
HR 40. By Mr. Moore of the 6th: A resolution compensating Mrs. Fred Rider; and for other purposes.
HR 53. By Mr. Phillips of the 50th:
A resolution compensating Mr. Herman Robinson and Mr. C. O. Innis; and for other purposes.
HR 54. By Mr. Joiner of the 35th:
A resolution compensating Mrs. Minnie Lee Atkinson; and for other purposes.
HR 85. By Mr. Lowrey of the 9th:
A resolution compensating the Ransom Floral Company; and for other purposes.
HR 89. By Mr. Graves of the 9th:
A resolution compensating Mr. Robert Lee Baldwin; and for other purposes.
HR 93. By Mr. Dorminy of the 48th: A resolution compensating Mr. K. W. Justice; and for other purposes.
HR 111. By Mr. Dixon of the 65th: A resolution compensating Clyde Perdie Lee; and for other purposes.
WEDNESDAY, FEBRUARY 26, 1969
573
HR 112. By Mr. Mauldin of the 12th: A resolution compensating Mr. Travis Parson; and for other purposes.
HR 114. By Mr. Gunter of the 6th:
A resolution compensating Mr. Joe Jackson Chitwood; and for other purposes.
HR 121. By Mr. Reaves of the 71st: A resolution compensating Mr. J. C. Sapp; and for other purposes.
HR 132. By Messrs. Brown and Melton of the 32nd:
A resolution compensating Mr. Idus Eugene Sanders; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 209. By Senator Kidd of the 25th:
A bill to provide that any person, firm or corporation may advertise alcoholic beverages and liquors over closed circuit television under cer tain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
SB 210. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the Director of the Budget to require payment for personal services within the State Government to be calcu lated and to be made on the basis of 26 pay periods per year, so as to provide that the Director of the Budget shall require payment for per sonal services within the State Government to be calculated and to be made on the basis of 26 pay periods per year; and for other purposes.
Referred to Committee on Industry and Labor.
:SB 211. By Senator Kidd of the 25th:
A bill to amend Code Chapter 56-24 relating to the insurance contract, so as to provide that benefits under certain insurance contracts shall not be subject to reduction because of the presence of similar or identical
974
JOURNAL OP THE SENATE,
benefits in other insurance contracts; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SR 79. By Senator Spinks of the 9th:
A resolution creating an Interim Study Committee to study the advisa bility of establishing an historical museum for the State of Georgia; of relocating the Cyclorama; and for other purposes.
Referred to Committee on Rules.
SR 80. By Senators Smith of the 34th, Kidd of the 25th, Bateman of the 27th and others:
A resolution requesting the Governor to make the necessary funds avail able for the placing of a Medal of Honor monument in the Medal of Honor Grove of Freedom's Foundation.
Referred to Committee on Appropriations.
The following bills and resolutions were read the first time and referred to committees:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
Referred to Committee on Banking and Finance.
HB 204. By Mr. Henderson of the 117th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to pro vide for the number of Assistant District Attorneys that may be em ployed by the District Attorney; to provide for compensation of the Dis trict Attorney and Assistant District Attorney; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 292. By Mr. Mason of the 13th:
A bill to repeal an Act entitled, "An Act to establish the city court of Buford, in the City of Buford, in the county of Gwinnett. . . .", and for other purposes.
Referred to Committee on County and Urban Affairs.
WEDNESDAY, FEBRUARY 26, 1969
575
HB 308. By Mr. Lewis of the 37th:
A bill to authorize and direct the governing authorities of Burke County to provide additional compensation to the secretary of the Senior Judge of the Augusta Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 464. By Messrs. Sweat and Dixon of the 65th:
A bill to abolish the present method of compensating the tax collector and tax receiver of Clinch County, known as the fee system, and to pro vide in lieu thereof an annual salary for such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 465. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act providing a new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, so as to change the hours for holding elections; to change the provisions relat ing to the lawful voting age; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 466. By Mr. Sweat of the 65th:
A bill to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended, so as to authorize the sheriff to employ an additional deputy; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 469. By Messrs. Sherman and DeLong of the 80th, Connell of the 79th and others:
A bill to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 491. By Mr. Clarke of the 33rd:
A bill to amend an Act creating a Board of Commissioners of Butts County, so as to authorize the Board to designate one of its members to
576
JOURNAL OF THE SENATE,
perform additional duties and to be compensated therefor; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 503. By Messrs. Kreeger, Atherton, Wilson and others of the 117th: A bill to amend an Act incorporating the City of Powder Springs, so as to provide for election of Mayor and City Councilmen; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 504. By Messrs. Kreeger, Housley, Atherton and others of the 117th: A bill to provide for the compensation of the Judge of the Cobb County Juvenile Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 506. By Messrs. Russell and Keyton of the 70th: A bill to amend an Act creating a new charter for the Town of Meigs, so as to extend the corporate limits of said Town; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 508. By Messrs. Kreeger, Wilson, Atherton and others of the 117th: A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner 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 Urban Affairs.
HB 510. By Messrs. DeLong and Sherman of the 80th, Miles of the 78th and others: A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide that there shall be sixteen members of the Richmond County Board of Education, the 16th member of which shall be elected from the 121st militia district beginning with the election in 1969, to a four-year term; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 512. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act creating the State Court of Laurens County, so
WEDNESDAY, FEBRUARY 26, 1969
577
as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 516. By Messrs. Cole and Leonard of the 3rd: A bill to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 517. By Messrs. Cole and Leonard of the 3rd: A bill to authorize the creation of water, sewerage, garbage, electricity, gas or fire protection districts within Whitfield County by the governing authority of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 520. By Messrs. Paris of the 14th, Mauldin and Milford of the 12th and Barber of the 15th: A bill to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, so as to change said salary; to provide said salary shall be paid; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 521. By Messrs. Bond of the llth, Brown of the 110th, Alexander of the 108th and others: A bill to provide for the suspension of the duty to pay for dwellings certified to be unfit for human habitation in all municipalities of this State having a population of not less than 400,000; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 526. By Mr. Wamble of the 69th: A bill to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of the city by including therein all territory, parcels of land and tracts heretofore annexed to or purported to be incorporated within the limits of the city by City Annexation Ordinances; and for other purposes.
Referred to Committee on County and Urban Affairs.
578
JOURNAL OF THE SENATE,
HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A bill to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 530. By Messrs. Kreeger, McDaniell, Housley and others of the 117th:
A bill to amend an Act known as the "Cobb County Civil Service System Act", so as to provide that the governing authority of Cobb County, may by resolution, place certain department heads under the Civil Service System and under certain conditions remove department heads from the provisions of this Act; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 531. By Mr. Wheeler of the 57th:
A bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 535. By Messrs. Kreeger, Wilson, Atherton and others of the 117th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues of Cobb County, so as to empower said board to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 536. By Messrs. Lane of the 101st, Horton, Felton and others of the 95th:
A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the salary of the Mayor; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 537. By Messrs. Lane of the 101st, Horton, Felton and others of the 95th:
A bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, relating to employees; and for other purposes.
Referred to Committee on County and Urban Affairs.
WEDNESDAY, FEBRUARY 26, 1969
579
HB 541. By Messrs. Jones, Pickard and Buck of the 84th and others:
A bill to create the Muscogee County Charter Commission; to provide for all procedures and matters connected with the foregoing; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 542. By Messrs. Kreeger, Wilson, Housley and others of the 117th:
A bill to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ two full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking-down of criminal felony cases; and for other purposes.
Referred to Committee on Judiciary.
HB 544. By Mr. Grahl of the 40th:
A bill to amend an Act entitled "An Act to amend, revise, and consoli date the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on within said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 545. By Mr. Grahl of the 40th:
A bill to amend an Act entitled "An Act to amend, revise, and consolidate the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A bill to amend an Act consolidating, amending and codifying the vari ous Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 552. By Messrs. Snow, Hale and Crowe of the 1st: A bill to amend an Act creating the City Court of Walker County, so
580
JOURNAL OF THE SENATE,
as to change the compensation of the judge and solicitor of said court -, and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 553. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Twiggs County and providing in lieu thereof an annual salary, so as to change provisions relating to the number of deputies, etc.; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 554. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, so as to change the compensation of the commissioners of said board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 555. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Jasper County and providing in lieu thereof an annual salary, so as to change the compensation of said sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 556. By Mr. Hadaway of the 27th: A bill to amend an Act creating the Board of County Commissioners of Jasper County, so as to change the compensation of the chairman and members of said commission, and to provide for reimbursement of cer tain expenses; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 9. By Mr. Harris of the 77th: A resolution compensating Mrs. Jessie L. Rust; and for other purposes.
Referred to Committee on Appropriations.
HR 18. By Mr. Mauldin of the 12th: A resolution compensating Miss Linda Deanne Morris; and for other purposes.
Referred to Committee on Appropriations.
WEDNESDAY, FEBRUARY 26, 1969
581
HR 19. By Mr. Mauldin of the 12th: A resolution compensating Mr. Jimmy D. Bond; and for other purposes.
Referred to Committee on Appropriations.
HR 20. By Mr. Smith of the 43rd:
A resolution compensating Mr. William B. Johnson; and for other purposes.
Referred to Committee on Appropriations.
HR 34. By Messrs. Matthews, Fallin and Bostick of the 63rd: A resolution compensating Mr. C. F. Lewis; and for other purposes.
Referred to Committee on Appropriations.
HR 40. By Mr. Moore of the 6th: A resolution compensating Mrs. Fred Rider; and for other purposes.
Referred to Committee on Appropriations.
HR 53. By Mr. Phillips of the 50th:
A resolution compensating Mr. Herman Robinson and Mr. C. 0. Innis: and for other purposes.
Referred to Committee on Appropriations.
HR 54. By Mr. Joiner of the 35th:
A resolution compensating Mrs. Minnie Lee Atkinson; and for other purposes.
Referred to Committee on Appropriations.
HR 85. By Mr. Lowrey of the 9th:
A resolution compensating the Ransom Floral Company; and for other purposes.
Referred to Committee on Appropriations.
HR 89. By Mr. Graves of the 9th:
A resolution compensating Mr. Robert Lee Baldwin: and for other purposes.
Referred to Committee on Appropriations.
582
JOURNAL OF THE SENATE,
HR 93. By Mr. Dorminy of the 48th: A resolution compensating Mr. K. W. Justice; and for other purposes.
Referred to Committee on Appropriations.
HR 111. By Mr. Dixon of the 65th: A resolution compensating Clyde Perdie Lee; and for other purposes.
.Referred to Committee on Appropriations.
HR 112. By Mr. Mauldin of the 12th: A resolution compensating Mr. Travis Parson; and for other purposes.
Referred to Committee on Appropriations.
HR 114. By Mr. Gunter of the 6th: A resolution compensating Mr. Joe Jackson Chitwood; and for other purposes.
Referred to Committee on Appropriations.
HR 121. By Mr. Reaves of the 71st: A resolution compensating Mr. J. C. Sapp; and for other purposes.
Referred to Committee on Appropriations.
HR 132. By Messrs. Brown and Melton of the 32nd: A resolution compensating Mr. Idus Eugene Sanders; and for other purposes.
Referred to Committee on Appropriations.
The following bills s^nd resolutions were read the second time:
SB 198. By Senator Trippe of the 31st: A bill to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treas ury at the end of three years; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 26, 1969
583
SB 199. By Senator Kennedy of the 4th:
A bill to amend an Act establishing: the City Court of Claxton, so as to change the compensation of the judge of said court; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
SB 200. By Senators Reynolds of the 48th and London of the 50th:
A bill to abolish the fee system of compensating the clerk of the superior court, ordinary, tax receiver, tax collector or tax commissioner of the various counties in this State, and the clerk and solicitor of any city or county court; to provide the procedure connected therewith; to provide an effective date; and for other purposes.
SB 201. By Senator Jackson of the 16th:
A bill to create within the executive branch of government the Georgia Department of Water Resources; to provide the procedure connected with the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes.
SB 202. By Senator Hensley of the 33rd:
A bill to amend Code Title 13 known as the "Banking Law" of Georgia, so as to remove the provisions relating to private banks and bankers; to repeal conflicting laws; and for other purposes.
SB 203. By Senators Stephens of the 36th, Smith of the 34th and Ward of the 39th:
A bill to provide that in all counties of the State having a population of 500,000 or more, there is hereby levied and assessed a special tax upon hotels and motels as defined herein; and for other purposes.
SB 204. By Senators Johnson of the 38th, Coggin of the 35th, Smith of the 34th and others:
A bill to provide that in the City of Atlanta and in Fulton County, Georgia, the joint City-County Board of Tax Assessors shall have au thority to continue assessment for taxes against any real property within the said City and County; and for other purposes.
SB 205. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to amend an Act entitled an Act to establish a method for pro viding fire prevention systems in Fulton County, so as to provide for an increase in the number of fire stations in the unincorporated areas
584
JOURNAL OP THE SENATE,
of Pulton County to four (4) and to increase the sums which may be expended for fire prevention and protection without creation of a fire district to thirty thousand ($30,000) dollars per annum; and for other purposes.
SB 206. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to provide that the governing authorities of Pulton County shall have authority to make uniform assessments against abutting property for lateral sanitary sewers laid adjacent to said property; to provide a uniform method of making assessments; and for other purposes.
SB 207. By Senators Smith of the 34th, Cox of the 21st, Hill of the 29th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for determining the amount of funds needed by local units for transporting pupils to school; to repeal con flicting laws; and for other purposes.
SB 208. By Senators Trippe of the 31st and McGill of the 24th:
A bill to amend Code Chapter 57-1, relating to interest and usury so as to authorize any person to agree in writing, whether originally or by renewal or extension, to pay such rate of interest as he may de termine on certain loans; to repeal conflicting laws; and for other purposes.
SR 71. By Senators Miller of the 43rd and Hill of the 29th:
A resolution proposing an amendment to the Constitution to provide that the General Assembly shall annually appropriate to the State Department of Public Health certain percentages of the alcoholic beverage taxes collected by the State to be used to construct facilities and administer programs for the care and treatment of alcoholic pa tients; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
SR 72. By Senators Coggin of the 35th, Stephens of the 36th, Smith of the 34th and others:
A resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Pulton County to issue bonds without a referendum election under certain conditions; and for other purposes.
WEDNESDAY, FEBRUARY 26, 1969
585
SR 73. By Senators Stephens of the 36th, Smith of the 34th, Coggin of the 35th and others:
A resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to levy an annual tax upon each automobile licensed to operate in said county in an amount not to exceed $5.00; and for other purposes.
SR 74. By Senators Hensley of the 33rd, Hardy of the 56th, Doss of the 52nd and others:
A resolution proposing- an amendment to the Constitution, so as to pro vide that the compensation of any elected officer or official whose com pensation is fixed by law may not be changed during the term of office to which he was elected; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
SR 75. By Senators Smalley of the 28th and Bateman of the 27th:
A resolution proposing an amendment to the Constitution, so as to pro vide certain requirements in connection with laws pertaining to retire ment and pension systems expending public funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 76. By Senator Stephens of the 36th:
A resolution creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.
HB 37. By Mr. Mauldin of the 12th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Associa tion may become members of said Retirement System; and for other purposes.
HB 144. By Mr. Pafford of the 64th:
A bill to amend Code Section 100-101, relating to the State Depository Board and the naming and appointment of Depositories, so as to autho rize the State Depository Board to name and appoint as State Deposi tories those banks which have deposits insured by the Federal Deposit Insurance Corporation; and for other purposes.
HB 262. By Messrs. Smith of the 3rd and Brown of the 32nd: A bill to amend Code Title 88 known as the "Georgia Health Code",
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JOURNAL OF THE SENATE,
so as to provide for issuing new birth certificates that are not marked amended; and for other purposes.
HB 263. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; and for other purposes.
HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd: A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other purposes.
HB 278. By Messrs. Lane of the 4th, Holder of the 49th and Hargrett of the 58th: A bill to amend Chapter 84-9 of the Code of Georgia of 1933 relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; and for other purposes.
HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others: A bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; and for other purposes.
HR 64. By Mr. Games of the 104th: A resolution to amend a resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968 (Ga. L. 1968, p. 1170), pro viding compensation for two juvenile court judges who are on the Com mission that were appointed by said committee; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Rowan of the 8th District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under considera-
WEDNESDAY, FEBRUARY 26, 1969
587
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 1. Do pass by substitute.
Respectfully submitted, Rowan of 8th District, Chairman.
The following local, uncontested bill, favorably reported by the committee, was read the third time, and put upon its passage.
HB 363. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a new charter for the City of wici, so as to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Scripture reading and prayer were offered by the Reverend Don Harp, pastor, St. Andrews United Methodist Church, Carrollton, Georgia.
Senator Searcey of the 2nd asked unanimous consent that the roll call be dispensed with.
The consent was granted.
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:
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HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A bill to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other purposes.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 18. By Senators Kidd of the 25th, Hill of the 29th, Johnson of the 38th and others:
A bill relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to repeal conflicting laws; to repeal specific laws; to provide an effective date; and for other purposes.
Senator Kidd of the 25th moved that SB 18 be recommitted to the Com mittee on Industry and Labor.
On the motion to recommit, the ayes were 38, nays 0, and the motion pre vailed.
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
Senator Broun of the 46th offered the following amendment:
Amend HB 260 by striking Section 1 in its entirety and substi tuting in lieu thereof a new Section 1 to read as follows:
"On or after the first day of January 1970, except as other wise provided herein, no person, firm or corporation shall con struct, or permit the construction of a building which is to be used by the public, and the cost of the construction of which is to be paid for, in whole or in part, from State, county or munici pal funds, or from the funds of any public agency or authority created for the purpose of constructing or contracting for the construction of public buildings unless such building has at least one entrance which is accessible by a ramp, equipped with a nonslip surface."
WEDNESDAY, FEBRUARY 26, 1969
589
On the adoption of the amendment, the ayes we?j 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 447. By Messrs. Bostick of the 63rd, Rowland of the 42nd and Lee of the 21st:
A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), by modifying the benefit tables to provide increased weekly benefit amounts 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 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 consider ing House action thereto:
HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A bill to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other purposes.
Senator Bateman of the 27th moved that the Senate recede from its posi tion in amending HB 83.
On the motion to recede, the ayes were 29, nays 0, and the motion pre vailed.
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The following general bills, favorably reported by the committees, were read the third time, and put upon their passage.
SB 113. By Senators Dean of the 6th, Eldridge of the 7th, Rowan of the 8th, Noble of the 19th and Pennington of the 45th:
A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, so as to change the maximum rate of sales of tobacco at any ware house; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 202. By Mr. Alexander of the 108th:
A bill to amend Code Section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, so as to provide for informing the parties of the decision of the State Board of Education upon appeal thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 203. By Messrs. Parker and Nessmith of the 44th, Barber of the 15th, Brantley of the 52nd, Parker of the 46th, Farrar of the 77th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State-wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in determining local units of adminis trations' share of the cost of supporting the Minimum Foundation Program of Education; and for other purposes.
WEDNESDAY, FEBRUARY 26, 1969
591
The report of the committee, which was favorable to the passage of the bill, was 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 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th, Levitas of the 77th, Parker of the 46th, Hawes of the 95th and Mrs. Hamilton of the 112th:
A bill to provide for the education and rehabilitation of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; and for other purposes.
Senator Smith of the 34th offered the following amendment:
Amend HB 250 by adding in line 4 of Section 1 between the words "children" and the word "shall" the words "upon the written consent of the parent, parents, and/or guardian and/or the person, persons or organization having legal custody of said child or children".
On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.
Senator Miller of the 43rd offered the following amendment:
Amend HB 250 by striking the word "and" between the words "mute" and "blind" and inserting the words "and/or"--both in Section 1 and in the caption.
On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 38, nays 0.
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The bill, having received the requisite constitutional majority, was passed as amended.
HB 318. By Mr. McClatchey of the 113th: A bill to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 81. By Senator Miller of the 43rd: A bill to prohibit business activities on Sunday; to provide for excep tions; to provide for penalties, etc.; to define "retail establishment"; to repeal Code Section 26-9908, relating to the penalty for violating the Sabbath; to repeal conflicting laws; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
Amend SB 81 as follows: In Section 2, Item 4, to read "Recreational facilities and/or
Sports Events;"
In Section 2, Item 5, Line 3, following the word "persona" is added the following: "at any one time, at any one location".
Senator Webb of the llth offered the following amendment to the com mittee amendment:
Amend the committee amendment to SB 81 by adding after the word "location", in Section 2, Item 5, the words "on Sunday".
On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment to the committee amendment was adopted.
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593
On the adoption of the committee amendment as amended, the ayes were 40, nays 1, and the committee amendment was adopted as amended.
Senator Andrews of the 49th offered the following amendment:
Amend SB 81 by adding to Section 2 a new subsection to be desig nated as Section 2 (6) as follows:
"(6) Radio, television, newspapers and news services busi nesses offering advertising and news services to the public."
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 as amended.
On the passage of the bill, 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:
Andrews Bateman Broun Carter Chapman Cox Dean Garrard Hensley
Hill Holley Jackson Kidd McGill Miller Noble Padgett Plunkett
Reeder Rowan Scott Smith of 34th Spinks Starr Stephens Tysinger Webb
Those voting in the negative were Senators:
Abney Adams of 26th Coggin Doss Fincher of 51st Fincher of 54th Holloway
Hudgins Kennedy London Maclntyre Reynolds Riley Searcey
Smalley Smith of 18th Trippe Walling Ward Zipperer
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JOURNAL OF THE SENATE,
On unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 27, nays 20.
The bill, having failed to receive the requisite constitutional majority was lost.
Senator Miller of the 43rd gave notice that at the proper time he would move that the Senate reconsider its action on SB 81.
KB 380. By Messrs. Melton and Brown of the 32nd, Smith and Caldwell of the 39th:
A bill to authorize the Judge of the Superior Courts of the Griffin Judicial Circuit to employ and fix the compensation of a secretary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was ordered by the Chair, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun Brown Carter Chapman Coggin Cox Dean Doss
Eldridge Fincher of 51st Fincher of 54th Garrard Gillis
Hardy Hensley Hill Holley
Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller
Noble Padgett Plunkett Reeder
Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward
Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
WEDNESDAY, FEBRUARY 26, 1969
595
On the passage of the bill, the ayes were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th and Andrews of the 49th:
A bill to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 141. By Senator Vann of the 10th:
A bill to amend an Act known as the "Georgia Fertilizer Act of 1960", approved Mar. 17, 1960 (Ga. L. 1960, p. 916), as amended, so as to eliminate the provisions requiring that each brand and grade of com mercial fertilizer must be registered before being sold, distributed or offered for sale; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 47. By Mr. Geisinger of the 72nd:
A bill to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper authorities to release the criminal accused or defendant on a bond signed by any responsible resident of the state, etc.; and for other purposes.
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The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to authorize the judge of any court having jurisdiction over any person charged with committing an offense against the criminal laws of this State to release said person upon his own recognizance only; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1.
The judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this State shall have authority, in his sound discretion and in appropriate cases, to authorize the release of such person upon his own recognizance only.
SECTION 2.
Upon failure of such person to appear for trial, and if not other wise conditioned by the court, the court may summarily issue an order for his arrest which shall be enforced as in cases of forfeited bonds.
SECTION 3.
The provisions of this Act are cumulative of existing laws.
SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 35, nays 0, and the substi tute was adopted.
The report of the committee, which was favorable to the passage of the 6ill 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.
WEDNESDAY, FEBRUARY 26, 1969
597
SB 114. By Senator Kidd of the 25th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors, as amended, so as to provide that the board shall record and file the valuation fixed and assessed on corrected returns; to repeal conflicting laws; and for other purposes.
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 92-6912, relating to arbitration, as amended, so as to provide for an appeal of the arbitra tors' decision to the superior court of the county in which the land lies by either the taxpayer or the Board of Tax Assessors under cer tain conditions; to provide the procedure connected therewith; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 92-6912, relating to arbitration, as amended, is hereby amended by adding at the end thereof the follow ing:
"The taxpayer or the Board of Tax Assessors may appeal the arbitrators' decision to the superior court of the county in which the land lies any time the difference between the valuation of the Board of Tax Assessors and the valuation of the arbitrators ex ceeds the sum of $1,000.00. The appeal shall be filed with the clerk of the superior court within 30 days after the arbitrators' decision is filed with the Board of Tax Assessors. The appeal shall constitute a de novo action and shall be heard before a jury at the first term following the filing of the appeal, providing said hearing can be held no sooner than 10 days following the filing of the appeal or before the court completes its calendar for the term, unless the court orders an earlier hearing."
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 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.
On the passage of the bill, the ayes were 32, nays 0.
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The bill, having received the requisite constitutional majority, was passed by substitute.
SB 126. By Senator Kidd of the 25th:
A bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 135. By Mr. Rowland of the 42nd:
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, buildings, furniture and equipment therefor, for repairs and alterations; and for other purposes.
Senator Smalley of the 28th offered the following amendment:
Amend HB 135 by striking the contradictory phrase "and/or" wherever the same appears and by substituting in lieu thereof the word "or".
On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
The bill involving an appropriation, a roll call was ordered, and the vote was as follows:
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599
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun Brown
Carter Chapman Coggin Cox Doss Eldridge
Fincher of 51st Fincher of 54th Garrard
Gillis Hardy Hill Holloway Hudgins Jackson Kennedy
London Maclntyre McGill Miller Noble Plunkett
Reeder Reynolds Riley
Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks
Starr Stephens Trippe Tysinger Vann Walling
Ward Webb Zipperer
Voting in the negative was Senator Dean of the 6th.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 23. By Mr. Parker of the 46th:
A bill to require the owners of real property or persons having im mediate supervision over real property in this State on which is located any free flowing artesian well to have any such well tapped or other wise stop the flow of any such well, except when in use, when certain conditions exist; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facili ties; and for other purposes.
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The Committee on Industry and Labor offered the following amendment:
Amend HB 128 by adding to Section 3, Paragraph (e) to read as follows:
"(e) Municipal natural gas distribution systems shall not be required to file maps in the clerk's office, but shall maintain same in the office of the Clerk of said City, or in the office of the superintendent of the Gas Department of said City or in the office of the Utility Commission of said City."
On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend HB 128 by striking from Section 5 (6) (4) the words and numerals "seven (7) days" and by substituting in lieu thereof the words and numeral "one (1) day" and by striking the words and numerals "thirty (30) days" and by substituting in lieu thereof the words and numerals "seven (7) days".
On the adoption of the amendment, the ayes were 36, nays 2, and the amendment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend HB 128 by striking the phrase "five (5) business days" from Section 6 and by substituting in lieu thereof the phrase "one (1) business day" and by adding in the same paragraph after the phrase "such longer reasonable period" the phrase "not exceeding three busi ness days."
On the adoption of the amendment, the ayes were 19, nays 18, 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 43, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
WEDNESDAY, FEBRUARY 26, 1969
601
SB 182. By Senator Trippe of the 31st:
A bill to amend an Act entitled "An Act to authorize the investment from time to time of the proceeds of bonds issued by any county, etc.; to define the securities in which funds may be invested; etc." so as to authorize the investment of bond proceeds in additional types of investments; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 184. By Senator Trippe of the 31st:
A bill to amend Code Section 108-417, relating to investments by trustees, so as to provide for the investment of trust funds by trustees and for matters relative thereto; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 190. By Senator Holley of the 22nd: A bill to amend Code Title 13, known as the "Banking Law" of Geor gia, as amended, so as to provide for the conversion of a regulated certificated bank into a State chartered bank; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Committee on Banking and Finance offered the following amendment:
Amend SB 190 by striking from quoted Code Section 13-1202 of Section 1 the following:
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"The converting regulated certificated bank shall send such notice to each shareholder of record by registered mail at least ten days prior to the meeting to act upon the plan of conversion."
By striking from quoted Code Section 13-1203 of Section 1 the word "triplicate" and inserting in lieu thereof the word "duplicate".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 157. By Senator Holley of the 22nd:
A bill to amend Code Section 13-912, relating to common stock, pre ferred stock, capital stock, capital, and stock options, as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1045), so as to provide for an increase in the common stock of a bank in the category of authorized but unissued stock; and for other purposes.
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 13-912, relating to common stock, preferred stock, capital stock, capital, and stock options, as amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1045), so as to provide for an increase in the common stock of a bank in the category of authorized but unissued stock; to provide that autho rized but unissued common stock may be issued from time to time for such purposes and considerations as may be approved by the board of directors of the bank and the Superintendent of Banks; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 13-912, relating to common stock, preferred stock, capital stock, capital, and stock options, as amended by an Act
WEDNESDAY, FEBRUARY 26, 1969
603
approved April 8, 1968 (Ga. L. 1968, p. 1045), is hereby amended by striking subsection (e) of said Code Section in its entirety and insert ing in lieu thereof a new subsection (e) of Code Section 13-912 to read as follows:
"(e) Authorized But Unissued Stock; Use Of.--Any bank, with the approval of the Superintendent of Banks and by a vote of stock holders owning two-thirds of the stock of the bank entitled to vote, may authorize an increase in the common stock of the bank in the category of authorized but unissued stock for the purpose of converting capital notes or debentures, or for the purpose of consummating the sale of stock pursuant to the exercise of stock options, or for such other purposes and considerations as may be approved by the board of directors of the bank and the Super intendent of Banks. Whenever it is provided in this Act that com mon stock be used, such common stock shall be that authorized by amendment to the charter of the bank but not issued and sold at the time of such amendment to the charter."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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 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.
SB 96. By Senator Chapman of the 32nd:
A bill to amend an Act approved March 14, 1963 (Ga. Laws 1963, pages 81-121) so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical, hospital, psychiatric, surgical, or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age.
The Committee on Health and Welfare offered the following amendment:
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JOURNAL OF THE SENATE,
Amend SB 96, by deleting from the title and in lines 4, 10 and IS the word "psychiatric".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following reports of standing committees were read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 77. Do pass. SB 78. Do pass. SB 79. Do pass. SB 154. Do pass. SB 162. Do pass. SB 176. Do pass. SB 188. Do pass. SB 191. Do pass. SB 196. Do pass. SB 197. Do pass. SB 199. Do pass. SB 205. Do pass.
WEDNESDAY, FEBRUARY 26, 1969
605
SB 206. Do pass. HB 73. Do pass. HB 249. Do pass. HB 253. Do pass as amended. HB 267. Do pass. HB 268. Do pass. HB 273. Do pass. HB 275. Do pass. HB 301. Do pass as amended. HB 305. Do pass. HB 306. Do pass. HB 307. Do pass. HB 338. Do pass. HB 339. Do pass. HB 365. Do pass. HB 379. Do pass. HB 384. Do pass. HB 393. Do pass. HB 408. Do pass. HB 417. Do pass. HB 420. Do pass. HB 421. Do pass. HB 422. Do pass. HB 423. Do pass. HB 424. Do pass. HB 430. Do pass. HB 439. Do pass as amended. HB 444. Do pass. HB 449. Do pass. HB 462. Do pass. HB 471. Do pass. HB 472. Do pass. HB 475. Do pass.
HB 478. Do pass.
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HB 480. Do pass. HB 481. Do pass. HB 482. Do pass. HB 483. Do pass. HB 486. Do pass. HB 487. Do pass. HB 494. Do pass. HB 495. Do pass. HB 496. Do pass. HB 497. Do pass. SR 72. Do pass. SR 73. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Plunkett of the 30th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the fol lowing resolutions of the House and has instructed me, as Chairman, to re port the same back to the Senate with the following recommendations:
HR 9. Do pass. HR 18. Do pass. HR 19. Do pass. HR 20. Do pass. HR 34. Do pass. HR 40. Do pass. HR 53. Do pass. HR 54. Do pass. HR 85. Do pass. HR 89. Do pass. HR 93. Do pass.
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607
HR 111. Do pass. HR 112. Do pass. HR 114. Do pass. HR 121. Do pass. HR 132. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 145. SB 148. SB 149. SB 173. SB 174. SB 175.
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report
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the same back to the Senate as correct and ready for transmission to the Governor:
SB 121.
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
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609
Senate Chamber, Atlanta, Georgia, Thursday, February 27, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Kennedy of the 4th reported that the journal of yesterday's proceed ings had been read and found correct.
Senator Coggin of the 35th moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 81. By Senator Miller of the 43rd: A bill to prohibit business activities on Sunday; to provide for excep tions; to provide for penalties; to define "retail establishment"; to re peal Code Section 26-9908, relating to the penalty for violating the Sabbath; to repeal conflicting laws; and for other purposes.
On the motion to reconsider, the ayes were 19, nays 12.
The motion prevailed, and SB 81 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Dean of the 6th asked unanimous consent that the following be es tablished as the order of business for today.
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions.
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JOURNAL OF THE SENATE,
7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor for today Dr. Harper Butterworth, and as the nurse for today, Mrs. Jo Woods.
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 254. By Messrs. Henderson, Wilson and Housley of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for the qualifications of Assistant Solicitors of said Court who are assigned thereto by the District Attorney of the Cobb Judicial Circuit; and for other purposes.
HB 347. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A bill to amend an Act providing that the construction and maintenance of portions of the State aid system of roads lying within the corporate limits of municipalities shall be the responsibility of the State Highway Board, so as to delete the provisions limiting the amount required to be expended for the maintenance of State aid roads within the corporate limits of municipalities having a population of more than 33,000; and for other purposes.
HB 574. By Messrs. Davis, Floyd, Higginbotham and Westlake of the 75th, Dean of the 76th, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd and Jordan of the 74th:
A bill to amend an Act creating a chairman and board of county com missioners of DeKalb County, so as to require the publication of audits on a quarterly basis; to authorize the commission to publish additional information; and for other purposes.
HR 200. By Messrs. Chandler and Harrington of the 34th: A resolution transferring the control and jurisdiction over a tract of
THURSDAY, FEBRUARY 27, 1969
611
land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.
HR 201. By Messrs. Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of certain real property lo cated in Baldwin County, Georgia; and for other purposes.
The following communication from His Excellency, Governor Lester G. Maddox, was read by the secretary:
EXECUTIVE DEPARTMENT
Atlanta
February 26, 1969
Honorable George T. Smith Lieutenant Governor and
President of the Senate State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Smith:
Pursuant to the provisions of Article V, Section I, Paragraph XV of the Constitution of Georgia, the following Senate Bill, passed and adopted at the 1969 Session of the General Assembly of Georgia, was vetoed by me on February 25, 1969, for the reason set forth below:
S. B. 112 (Veto #1)--By Senator London of the 50th, creating a Board of Commissioners of Rabun County; to name the initial commis sioners; to provide for audits and publications thereof; to repeal spe cific laws; to repeal conflicting laws; and for other purposes. This bill was vetoed because Section 1 of the bill creates a Board of Commission ers of Rabun County, names the three members, and provides that these members shall serve until their successors are elected at the general election to be held in 1970. Because of certain provisions of the Consti tution of the State of Georgia, particularly portions of Article III, Sec tion VII, Paragraph XV, I feel that there is room for challenging the constitutionality of said bill.
Respectfully submitted, /s/ Lester Maddox
Governor
LM-jc
cc: Honorable Arthur K. Bolton Honorable Ben W. Fortson, Jr. Honorable Frank H, Edwards Honorable Maylon K. London
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JOURNAL OF THE SENATE,
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 212. By Senator Rowan of the 8th:
A bill to provide that it shall be unlawful for any person, firm or cor poration to set up, promote or engage in any plan by which goods or anything of value is sold for a consideration, and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by making a similar purchase and agreeing to secure one or more persons likewise to join the said plan; to repeal con flicting laws; and for other purposes. Referred to Committee on Industry and Labor.
SB 213. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of county commissioners of Baldwin County, so as to change the compensation which may be paid to said county commissioners; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 214. By Senator Coggin of the 35th:
A bill to amend Section 56-620 of the Code of Georgia, relating to re quirements concerning brokers and solvent insurers, so as to change the circumstances under which a broker may insure with a foreign in surer; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
SB 215. By Senator Coggin of the 35th:
A bill to amend an Act approved March 18, 1966, comprehensively and exhaustively revising, superceding and modernizing pre-trial, trial, and certain post-trial procedures in civil cases; and for other purposes.
Referred to Committee on Judiciary.
SR 82. By Senator Dean of the 6th:
A resolution requesting the Commissioner of Labor of the State of Georgia to promulgate specific rules covering safety standards for in dustrial workers who are exposed to formaldehyde fumes and vapors; and for other purposes.
Referred to Committee on Industry and Labor.
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613
SR 83. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st and others:
A resolution designating "Georgia Authors' Week"; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the first time and referred to committees:
HB 254. By Messrs. Henderson, Wilson and Housley of the 117th:
A hill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for the qualifications of Assistant Solicitors of said Court who are assigned thereto by the District Attorney of the Cobb Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 347. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
A bill to amend an Act providing that the construction and maintenance of portions of the State aid system of roads lying within the corporate limits of municipalities shall be the responsibility of the State Highway Board, so as to delete the provision limiting the amount required to be expended for the maintenance of State aid roads within the corporate limits of municipalities having a population of more than 33,000; and for other purposes.
Referred to Committee on Highways.
HB 574. By Messrs. Davis, Floyd, Higginbotham of the 75th and others:
A bill to amend an Act creating a chairman and board of county com missioners of DeKalb County, so as to require the publication of audits on a quarterly basis; to authorize the commission to publish additional information; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 200. By Messrs. Chandler and Harrington of the 34th:
A resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
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JOURNAL OF THE SENATE,
HR 201. By Messrs. Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
The following bills and resolutions were read the second time:
SB 209. By Senator Kidd of the 25th:
A bill to provide that any person, firm or corporation may advertise alcoholic beverages and liquors over closed circuit television under cer tain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 210. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the Director of the Budget to require payment for personal services within the State Government to be calcu lated and to be made on the basis of 26 pay periods per year, so as to provide that the Director of the Budget shall require payment for per sonal services within the State Government to be calculated and to be made on the basis of 26 pay periods per year; and for other purposes.
SB 211. By Senator Kidd of the 25th:
A bill to amend Code Chapter 56-24 relating to the insurance contract, so as to provide that benefits under certain insurance contracts shall not be subject to reduction because of the presence of similar or identical benefits in other insurance contracts; to repeal conflicting laws; and for other purposes.
SR 80. By Senators Smith of the 34th, Kidd of the 25th, Bateman of the 27th and others:
A resolution requesting the Governor to make the necessary funds avail able for the placing of a Medal of Honor monument in the Medal of Honor Grove of Freedom's Foundation.
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
THURSDAY, FEBRUARY 27, 1969
615
HB 204. By Mr. Henderson of the 117th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to pro vide for the number of Assistant District Attorneys that may be em ployed by the District Attorney; to provide for compensation of the District Attorney and Assistant District Attorney; and for other purposes.
HB 292. By Mr. Mason of the 13th:
A bill to repeal an Act entitled, "An Act to establish the city court of Buford, in the City of Buford, in the County of Gwinnett. . . .", and for other purposes.
HB 308. By Mr. Lewis of the 37th:
A bill to authorize and direct the governing authorities of Burke County to provide additional compensation to the secretary of the Senior Judge of the Augusta Judicial Circuit; and for other purposes.
HB 464. By Messrs. Sweat and Dixon of the 65th:
A bill to abolish the present method of compensating the tax collector and tax receiver of Clinch County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 465. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act providing a new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, so as to change the hours for holding elections; to change the provisions re lating to the lawful voting age; to repeal conflicting laws; and for other purposes.
HB 466. By Mr. Sweat of the 65th:
A bill to amend an Act placing the sheriff of Clinch County on an an nual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended, so as to authorize the sher iff to employ an additional deputy; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 469. By Messrs. Sherman and DeLong of the 80th, Connell of the 79th and others:
A bill to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles
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and the flow of traffic in the unincorporated areas of said county; and for other purposes.
HB 491. By Mr. Clarke of the 33rd:
A bill to amend an Act creating a Board of Commissioners of Butts County, so as to authorize the Board to designate one of its members to perform additional duties and to be compensated therefor; and for other purposes.
KB 503. By Messrs. Kreeger, Atherton, Wilson and others of the 117th:
A bill to amend an Act incorporating the City of Powder Springs, so as to provide for election of Mayor and City Councilmen; and for other purposes.
HB 504. By Messrs. Kreeger, Housley, Atherton and others of the 117th:
A bill to provide for the compensation of the Judge of the Cobb County Juvenile Court; and for other purposes.
HB 506. By Messrs. Russell and Keyton of the 70th:
A bill to amend an Act creating a new charter for the Town of Meigs, so as to extend the corporate limits of said Town; and for other purposes.
HB 508. By Messrs. Kreeger, Wilson, Atherton and others of the 117th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner 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 510. By Messrs. DeLong and Sherman of the 80th, Miles of the 78th and others:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide that there shall be sixteen members of the Richmond County Board of Education, the 16th member of which shall be elected from the 121st militia district beginning with the election in 1969, to a four-year term; and for other purposes.
HB 512. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating the State Court of Laurens County, so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.
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617
HB 516. By Messrs. Cole and Leonard of the 3rd:
A bill to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; and for other purposes.
HB 517. By Messrs. Cole and Leonard of the 3rd:
A bill to authorize the creation of water, sewerage, garbage, electricity, gas or fire protection district within Whitfield County by the governing authority of said county; and for other purposes.
HB 520. By Messrs. Paris of the 14th, Mauldin and Milford of the 12th and Barber of the 15th:
A bill to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, so as to change said salary; to provide said salary shall be paid; and for other purposes.
HB 521. By Messrs. Bond of the lllth, Brown of the 110th, Alexander of the 108th and others:
A bill to provide for the suspension of the duty to pay for dwellings cer tified to be unfit for human habitation in all municipalities of this State having a population of not less than 400,000; and for other purposes.
HB 526. By Mr. Wamble of the 69th:
A bill to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of the city by including therein all territory, parcels of land and tracts heretofore annexed to or purported to be incorporated within the limits of the city by City Annexation Ordinances; and for other purposes.
HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A bill to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.
HB 530. By Messrs. Kreeger, McDaniell, Housley and others of the 117th:
A bill to amend an Act known as the "Cobb County Civil Service System Act", so as to provide that the governing authority of Cobb County, may by resolution, place certain department heads under the Civil Service System and under certain conditions remove department heads from the provisions of this Act; and for other purposes.
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JOURNAL OF THE SENATE,
HB 531. By Mr. Wheeler of the 57th:
A bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; and for other purposes.
HB 535. By Messrs. Kreeger, Wilson, Atherton and others of the 117th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues of Cobb County, so as to empower said board to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for other purposes.
HB 536. By Messrs. Lane of the 101st, Horton, Felton and others of the 95th:
A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the salary of the Mayor; and for other purposes.
HB 537. By Messrs. Lane of the 101st, Horton, Felton and others of the 95th:
A bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, relating to employees; and for other purposes.
HB 541. By Messrs. Jones, Pickard and Buck of the 84th and others:
A bill to create the Muscogee County Charter Commission; to provide for all procedures and matters connected with the foregoing; and for other purposes.
HB 542. By Messrs. Kreeger, Wilson, Housley and others of the 117th:
A bill to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ two full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking-down of criminal felony cases; and for other purposes.
HB 544. By Mr. Grahl of the 40th:
A bill to amend an Act entitled "An Act to amend, revise, and consoli date the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on within said city; and for other purposes.
THURSDAY, FEBRUARY 27, 1969
619
HE 545. By Mr. Grahl of the 40th:
A bill to amend an Act entitled "An Act to amend, revise, and consoli date the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises; and for other purposes.
HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A bill to amend an Act consolidating, amending and codifying the vari ous Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.
HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
HB 553. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Twiggs County and providing in lieu thereof an annual sal ary, so as to change provisions relating to the number of deputies, etc.; and for other purposes.
HB 554. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, so as to change the compensa tion of the commissioners of said board; and for other purposes.
HB 555. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Jasper County and providing in lieu thereof an annual salary, so as to change the compensation of said sheriff; and for other purposes.
HB 556. By Mr. Hadaway of the 27th:
A bill to amend an Act creating the Board of County Commissioners of Jasper County, so as to change the compensation of the chairman and members of said commission, and to provide for reimbursement of cer tain expenses; and for other purposes.
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JOURNAL OP THE SENATE,
HR 9. By Mr. Harris of the 77th: A resolution compensating Mrs. Jessie L. Rust; and for other purposes.
HR 18. By Mr. Mauldin of the 12th:
A resolution compensating Miss Linda Deanne Morris; and for other purposes.
HR 19. By Mr. Mauldin of the 12th: A resolution compensating Mr. Jimmy D. Bond; and for other purposes.
HR 20. By Mr. Smith of the 43rd:
A resolution compensating Mr. William B. Johnson; and for other purposes.
HR 34. By Messrs. Matthews, Fallin and Bostick of the 63rd: A resolution compensating Mr. C. F. Lewis; and for other purposes.
HR 40. By Mr. Moore of the 6th: A resolution compensating Mrs. Fred Rider; and for other purposes.
HR 53. By Mr. Phillips of the 50th:
A resolution compensating Mr. Herman Robinson and Mr. C. 0. Innis; and for other purposes.
HR 54. By Mr. Joiner of the 35th:
A resolution compensating Mrs. Minnie Lee Atkinson; and for other purposes.
HR 85. By Mr. Lowrey of the 9th:
A resolution compensating the Ransom Floral Company; and for other purposes.
HR 89. By Mr. Graves of the 9th:
A resolution compensating Mr. Robert Lee Baldwin; and for other purposes.
THURSDAY, FEBRUARY 27, 1969
621
HR 93, By Mr. Dorminy of the 48th: A resolution compensating Mr. K. W. Justice; and for other purposes.
HR 111. By Mr. Dixon of the 65th: A resolution compensating Clyde Perdie Lee; and for other purposes.
HR 112. By Mr. Mauldin of the 12th: A resolution compensating Mr. Travis Parson; and for other purposes.
HR 114. By Mr. Gunter of the 6th: A resolution compensating Mr. Joe Jackson Chitwood; and for other purposes.
HR 121. By Mr. Reaves of the 71st: A resolution compensating Mr. J. C. Sapp; and for other purposes.
HR 132. By Messrs. Brown and Melton of the 32nd: A resolution compensating Mr. Idus Eugene Sanders; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Chapman of the 32nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 262. Do pass. HB 263. Do pass. HB 264. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.
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JOURNAL OF THE SENATE,
Senator Webb of the llth District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement 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 54. Do pass by substitute. SB 65. Do pass by substitute. SB 69. Do pass by substitute. SR 75. Do pass. HB 112. Do pass.
Respectfully submitted, Webb of llth District, Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 155. Do pass. SB 198. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
The following local, uncontested bills, favorably reported by the committee, were read the third time, and put upon their passage:
SB 77. By Senators Johnson of the 38th, Ward of the 39th, Garrard of the 37th and others:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta" approved September 6, 1891, as amended by an Act ap proved February 23, 1935, as amended, so as to fix the minimum and maximum salaries of the assistant solicitors general of said court and
THURSDAY, FEBRUARY 27, 1969
623
to fix the salary of the first assistant solicitor general 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.
SB 78. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Pulton County, so as to provide that a teacher may be entitled to prior service credit for service rendered to Fulton County or any incorporated mu nicipality located in whole or in part within Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 79. By Senators Johnson of the 38th, Stephens of the 36th, Hardy of the 56th and others:
A bill to amend an Act entitled "An Act to provide for the compensation of the sheriff of certain counties," so as to delete all limitation and reference to the pension payable to such officer; and for other purposes.
The report 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.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
SB 154. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the City Court of Claxton, approved Aug. 18, 1919 (Ga. L. 1919, p. 446), as amended, so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 162, By Senators Maclntyre of the 40th, Garrard of the 37th, Johnson of the 38th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, particularly by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), so as to indicate which public bodies said Authority may contract with pertaining to its 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Maclntyre of the 40th moved that SB 162 be immediately trans mitted to the House.
On the motion, the ayes were 29, nays 0, and the motion prevailed.
THURSDAY, FEBRUARY 27, 1969
625
SB 176. By Senators Maclntyre of the 40th, Johnson of the 38th, Coggin of the 35th and others:
A bill to amend an Act creating a new charter for the City of Alpharetta, approved March 3, 1961, (Ga. L. 1961, p. 2127), as amended, so as to change the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 188. By Senator Zipperer of the 3rd:
A bill to amend an Act creating a new charter for the City of Guyton, approved March 10, 1933, (Ga. L. 1933, p. 952-986), and amendatory Acts thereto, providing for the qualifications of Mayor and fixing the salary of City officials, to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 191. By Senators Bateman of the 27th, Adams of the 26th and Smith of
the 18th:
A bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Ga.; to fix the amount of such supplemental salaries; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
626
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.
SB 196. By Senator London of the 50th:
A bill to abolish the present mode of compensating the ordinary of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 197. By Senator London of the 50th:
A bill to abolish the present mode of compensating the clerk of the superior court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 199. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the City Court of Claxton, approved Aug. 18, 1919 (Ga. L. 1919, p. 446), as amended, so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
THURSDAY, FEBRUARY 27, 1969
627
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 205. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to amend an Act entitled "An Act to establish a method for pro viding fire prevention system in Fulton County", so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four (4) and to increase the sums which may be ex pended for fire prevention and protection without creation of a fire dis trict to thirty thousand ($30,000) dollars per annum, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 206. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to provide that the governing authorities of Fulton County shall have authority to make uniform assessments against abutting property for lateral sanitary sewers laid adjacent to said property; to provide a uniform method for making assessments; and for other purposes.
The report 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.
628
JOURNAL OF THE SENATE,
HB 73. By Mr. Shanahan of the 8th:
A bill to amend an Act entitled "An Act to provide for the terms of the Superior Courts of the Counties of the Cherokee Judicial Circuit", so as to change the terms of the Gordon County Superior Court; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 249. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to create a new charter for the City of Rossville in the County of Walker; and for other purposes.
The report 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 253. By Mr. Shanahan of the 8th: A bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, as to change in the compensation of the said Commissioner; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 253 by striking from the title the words "three month period" and inserting in lieu thereof "fiscal year".
By striking in its entirety paragraph (2) of quoted Section 15-A of Section 2 and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The County Commissioner shall publish an itemized list of all money taken in and disbursed, as well as a list of all war-
THURSDAY, FEBRUARY 27, 1969
629
rants for disbursements, for the preceding fiscal year within 45 days following the end of such fiscal year. The itemized account shall be posted on the bulletin board of the Gordon County Court house for at least 30 days."
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.
HB 267. By Messrs. McDaniell, Wilson, Housley and others of the 117th:
A bill to change the boundaries of the seven Education Districts of the Cobb County School 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 273. By Messrs. Roach, Poole and Harris of the 10th:
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, so as to change provisions relating to compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
630
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 275. By Messrs. Roach, Poole and Harris of the 10th:
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 clerk serving the office of the commissioner of roads and revenues for Cherokee 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 305. By Mr. Lewis of the 37th:
A bill to amend an Act establishing the City Court of Waynesboro, so as to change the compensation and duties of the stenographer of the City Court of Waynesboro; and for other purposes.
The report 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 306. By Mr. Lewis of the 37th:
A bill to provide the Clerk of the Superior Court of Burke County a salary in addition to the fees and other compensation he is entitled to receive by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 27, 1969
631
HB 301. By Mr. Peters of the 2nd:
A bill to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the salary of the sheriff; and for other purposes.
The Committee on County and Urban Affairs offered the following amendment:
Amend HB 301 by striking from quoted Section 4 the following: "four deputies" and inserting in lieu thereof the following: "five deputies"
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 307. By Mr. Lewis of the 37th:
A bill to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensa tion of the Ordinary of Burke County; and for other purposes.
The report 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 338. By Mr. Paris of the 14th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow
632
JOURNAL OF THE SENATE,
County on an annual salary, so as to increase the allowance to the sher iff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 339. By Mr. Paris of the 14th: A bill to amend an Act creating the Board of County Commissioners for the County of Oconee, so as to change the compensation of 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed.
Senator Broun of the 46th moved that HB 339 be immediately transmitted to the House.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
HB 365. By Messrs. Roach, Harris and Poole of the 10th: A bill to provide that the successors to the members of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
THURSDAY, FEBRUARY 27, 1969
633
The bill, having received the requisite constitutional majority, was passed.
HB 379. By Mr. Bowen of the 47th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to change the compensation which may be paid to the deputy sheriff; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 384. By Messrs. Jones of the 87th, Punk of the 92nd, Whaley of the 93rd, Hill of the 94th, Gignilliat of the 89th and others:
A bill to amend an Act incorporating the Town of Vernonburg, so as to annex to the Town of Vernonburg certain real estate lying contingent thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 393. By Mr. Lewis of the 37th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Burke County so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one addi tional deputy; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
634
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,
KB 408. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act relating to the Echols County Commissioners, so as to provide for compensation for each of the Echols County Com missioners and for the County Attorney at the rate of $75.00 per month; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 417. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to change the qualifications for ordinaries in certain counties 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 420. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend an Act abolishing the mode of compensating the sheriff of Cook County known as the fee system; so as to change the provisions relating to 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.
THURSDAY, FEBRUARY 27, 1969
635
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 421. By Messrs. Matthews, Bostick and Tallin of the 63rd:
A bill to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary and the tax commissioner of Cook County from the fee system, so as to change the provisions relating to the compensation of said officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 422. By Messrs. Matthews, Bostick and Pallin of the 63rd:
A bill to vest in the tax commissioner of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 423. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend an Act creating a Board of Commissioners for Cook County, so as to change the compensation of the chairman and other members of said Board; and for other purposes.
636
JOURNAL OP THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 424. By Mr. Poole of the 10th:
A bill to authorize the creation of water, sewerage, garbage, gas or fire protection districts within Pickens County by the governing authority 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 430. By Messrs. Whaley of the 93rd, Jones of the 87th, Gignilliat of the 89th and others:
A bill to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to authorize the governing authority of Port Wentworth to sell that portion of a public street, known as Com monwealth Avenue and an unnamed street, which runs Northwest from Phillips Avenue to U. S. Coastal Highway 17; and for other purposes.
The report 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 439. By Mr. Bray of the 31st: A bill to amend an Act placing the sheriff, the clerk of the Superior
THURSDAY, FEBRUARY 27, 1969
637
Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the Superior Court and ordinary of Meriwether County; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 439 by striking in Section 2 after the phrase "symbols and figures" and before the phrase "so that Section 3" the phrase
"eight thousand eight hundred ($8,800) per annum",
the following:
"eight thousand eight hundred ($8,800)"
And by striking in Section 2 after the phrase "compensated in the amount of" and before the phrase "to be paid in equal monthly install ments" the phrase "eight thousand five hundred ($8,500) per annum" and inserting in lieu thereof the following:
"eight thousand eight hundred ($8,800) per annum"
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 444. By Mr. Paris of the 14th:
A bill to amend an Act creating a Board of Commisioners for Barrow County, so as to change the provisions relating to the compensation of the clerk of the Board of County Commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
638
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 449. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A bill to amend an Act creating a new charter for the City of Macon, so as to authorize the City of Macon to convey to the First National Bank & Trust Company in Macon title in and to the air space above a certain tract of land; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 462. By Messrs. Paris of the 14th, Barber of the 15th, Mauldin and Milford of the 12th:
A bill to change the terms of the Superior Courts of the Piedmont Ju dicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 471. By Mr. Hadaway of the 27th: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones 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.
THURSDAY, FEBRUARY 27, 1969
639
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 472. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jones County, so as to provide for commissioner posts; and for other purposes.
The report 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 475. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to create the Coosa Valley Area Vocational Technical School Sys tem; to provide for a Board of Trustees of said System; to provide for the powers and duties of the Board of Trustees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 478. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide that excess funds therein may be invested subject to the restrictions placed upon investments of domestic life insurance companies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
640
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 480. By Messrs. Bostick and Matthews of the 63rd:
A bill to amend an Act placing the Ordinary of Tift County upon a salary in lieu of a fee basis, so as to increase the salary of the Ordinary of Tift County from $8,000 per annum to $9,000 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 481. By Messrs. Bostick and Matthews of the 63rd:
A bill to amend an Act placing the sheriff of Tift County on a salary basis, so as to change the total amount of compensation to be paid deputies, jailers, clerks and assistants; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 482. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit, so as to provide for an Investigator for the office of the District Attorney of the Gwinnett Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, FEBRUARY 27, 1969
641
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 483. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act establishing a City Court in the City of Sylvester in Worth County, so as to provide that the judge of said court may en gage in the general practice of law in all courts except the City Court of Sylvester; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 486. By Mr. McCracken of the 36th:
A bill to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to change the provisions relative to the employment of deputies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 487. By Mr. McCracken of the 36th:
A bill to amend an Act entitled "An Act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County", so as to 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.
642
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 494. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Commissioner of Rockdale County), so as to change the salary of said 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 495. By Messrs. Vaughn and Jordan of the 74th:
A bill to abolish the present mode of compensating the ordinary of Rockdale 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 496. By Messrs. Vaughn and Jordan of the 74th:
A bill to fix the compensation of the clerk of the Superior Court of Rockdale County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, FEBRUARY 27, 1969
643
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. Vaughn and Jordan of the 74th:
A bill to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to change the salary of said sheriff; and the salaries of his deputies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Scripture reading and prayer were offered by the Reverend Harold Withers, pastor, First Baptist Church, Waycross, Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following resolution was read and adopted:
SR 81. By Senator Dean of the 6th: A bill commending Mr. Freddy Powers; and for other purposes.
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 County and Urban Affairs:
SB 177. By Senators Johnson of the 38th and Ward of the 39th:
A bill to establish a minimum wage for persons employed in any do mestic capacity in certain counties of this State; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
644
JOURNAL OF THE SENATE,
On the motion to recommit, the ayes were 29, nays 0, and the motion pre vailed.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 179. By Senators Chapman of the 32nd, Hardy of the 56th and Fincher of the 54th:
A bill to provide for the necessary consents for the treatment of minors for venereal disease; to repeal laws in conflict herewith; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 3.
The bill, having received the requisite constitutional majority, was passed.
SB 178. By Senator Chapman of the 32nd:
A bill to amend an Act providing for the licensing of practical nurses, approved Mar. 2, 1953 (Ga. L. Jan.-Feb. 1953, p. 333), as amended, so as to provide that applicants for a license to practice as a practical nurse need not be a citizen of the United States; 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, 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 of 26th
Bateman Carter
Chapman Coggin Doss Fincher of 51st Fincher of 54th
Garrard Gillis Hardy Hensley Hill Holley Holloway Padgett
Pennington Plunkett Riley Rowan Scott Searcey Smalley Smith of 18th
THURSDAY, FEBRUARY 27, 1969
645
Smith of 34th Spinks Trippe
Tysinger Vann
Webb Zipperer
Those voting in the negative were Senators:
Abney Adams of 5th Andrews Broun of 46th Brown of 47th Cox Dean
Eldridge Hudgins Jackson Johnson Kennedy Kidd Maclntyre
McGill Noble Reeder Reynolds
Starr Ward
The roll call was verified.
On the passage of the bill, the ayes were 31, nays 20.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to Senate amendments Number 2 and 3, and agreed to amendment No. 1 to the following bill of the House, to-wit:
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or ex cavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 181. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for a person to force his lessee, agent or franchise dealer to purchase game promotions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
646
JOURNAL OP THE SENATE,
On the passage of the bill, 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:
Abney Andrews Broun of 46th Brown of 47th Carter Coggin Cox Doss Fincher of 51st Pincher of 54th Garrard Gillis
Hardy Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Maclntyre McGill Padgett
Pennington Reeder Riley Scott Searcey Smalley Smith of 18th Smith of 34th Starr Trippe Ward Zipperer
Those voting in the negative were Senators:
Adams of 5th Adams of 26th Bateman Chapman Dean Eldridge
Hensley Noble Reynolds Rowan Spinks Stephens
Ty singer Vann Walling Webb
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 36, nays 16.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
THURSDAY, FEBRUARY 27, 1969
647
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and in dividuals; and for other purposes.
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th and Wood of the llth and others:
A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
Senator Stephens of the 36th moved that the Senate insist on Amendments Nos. 2 and 3 to HB 128.
On the motion, the ayes were 40, nays 0, and the motion prevailed.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
648
JOURNAL OF THE SENATE,
SB 208. By Senators Trippe of the 31st and McGill of the 24th:
A bill to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to authorize any person to agree in writing, whether originally or by renewal or extension, to pay such rate of interest as he may determine on certain loans; to repeal conflicting laws; and for other purposes.
Senator Andrews of the 49th moved that SB 208 be postponed until the second Wednesday of the 1970 session of the General Assembly.
On the motion to postpone, the ayes were 13, nays 20, and the motion was lost.
Senator Johnson of the 38th moved that a roll call be ordered on all amend ments and on the bill, and the motion prevailed.
Senator Coggin of the 35th offered the following amendment:
Amend SB 208 by inserting between the word "and" and the word "as" in subsection (a) of quoted Code Section 57-119 of Section 1 the fpllowing:
"such rate shall be the lawful contract rate of interest ap plicable to such transaction and",
so that when so amended subsection (a) of quoted Code Section 57-119 of Section 1 shall read as follows:
"(a) Notwithstanding any other provisions of this Code, Title or any other Acts to the contrary, any person may agree in writing to pay such rate of interest as he may determine on any loan and such rate shall be the lawful contract rate of interest applicable to such transaction and as to such loan transaction the claim or de fense of usury shall be prohibited."
On the adoption of the amendment, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Broun of 46th Brown of 47th Chapman Coggin
Cox Doss Eldridge Fincher of 51st Fincher of 54th
Garrard Gillis Hardy Hensley Holley
THURSDAY, FEBRUARY 27, 1969
649
Holloway Hudgins Jackson Kidd Maclntyre McGill
Miller Padgett Pennington Reeder Riley Rowan
Scott Spinks Starr Trippe Walling
Those voting in the negative were Senators:
Adams of 5th Adams of 26th Andrews Bateman Carter Dean Hill Johnson
Kennedy Noble Plunkett Reynolds Searcey Smalley Smith of 18th Smith of 34th
Stephens Tysinger Vann Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 32, nays 22, and the amendment was adopted.
Senator Walling of the 42nd offered the following amendment:
Amend SB 208 by striking the figure "$2,500" appearing in Section 1, Subsection (b) and substituting in lieu thereof the figure "$25,000.00".
On the adoption of the amendment, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Cox Eldridge
Pincher of 51st Garrard Gillis Hill Hudgins Johnson Kennedy Maclntyre Noble
Plunkett Reynolds Rowan Smalley Smith of 18th Tysinger Walling
Those voting in the negative were Senators:
Adams of 5th Chapman Coggin Dean Doss
Fincher of 54th Hardy Hensley Holley Holloway
Jackson Kidd McGill Miller Padgett
650
Pennington Reeder Riley Scott Searcey
JOURNAL OP THE SENATE,
Smith of 34th Spinks Starr Stephens Trippe
Vann Ward Webb Zipperer
The roll call was verified.
On the adoption of the amendment, the ayes were 25, nays 29, and the amendment was lost.
Senator Reynolds of the 48th offered the following amendment:
Amend SB 208 by adding a new Section 57-119-D as follows:
"A rate of 6%% must be paid on all time deposits and cer tificates."
The Chair ruled that the amendment of Senator Reynolds of the 48th was not germane to SB 208.
Senator Johnson of the 38th moved that SB 208 be tabled.
On the motion to table, the ayes were 14, nays 31, and the motion was lost.
Senator Smalley of the 28th offered the following substitute to SB 208:
A bill to be entitled an Act to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to change the legal rate of interest; 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 Chapter 57-1, relating to interest and usury, as amended, is hereby amended by striking in Code Section 57-101, relating to the legal rate of interest, the word "eight", and inserting in lieu thereof the word "ten", so that when so amended, Code Section 57-101 shall read as follows:
"57-101. Legal rate of interest; rate higher than ten per centum forbidden.--The legal rate of interest shall be seven percentum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in
THURSDAY, FEBRUARY 27, 1969
651
no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forbearance to en force the collection of any sum of money, any rate of interest greater than ten per centum per annum, either directly or indirectly by way of commission for advances, discount, exchange, or by any contract or contrivance or device whatever."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Searcey of the 2nd offered the following amendment to the sub stitute:
Amend floor substitute to SB 208 by striking from Section 57-101 the number "10" and substituting the number "9".
Senator Andrews of the 49th moved that the amendment of Senator Searcey of the 2nd to the substitute be printed.
On the motion to print the amendment to the substitute, the ayes were 3, nays 30, and the motion was lost.
On the adoption of the amendment to the substitute, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Andrews
Brown of 47th Cox Hill Hudgins Kennedy
Maclntyre
Noble Plunkett Reynolds Rowan Searcey
Smith of 34th
Spinks Stephens Webb Zipperer
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Bateman Broun of 46th Carter Chapman
Coggin Dean Doss Eldridge Pincher of 51st Fincher of 54th Garrard
Gillis Hardy Hensley Holley Holloway Jackson Johnson
652
Kidd McGill Miller Padgett Pennington Reeder
JOURNAL OF THE SENATE,
Riley Scott Smalley Smith of 18th Starr Trippe
Tysinger Vann Walling Ward
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment to the substitute, the ayes were 17, nays 37, and the amendment was lost.
On the adoption of the substitute to SB 208, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 26th Bateman Broun of 46th Carter Chapman Doss Eldridge Pincher of 51st
Garrard Hudgins Jackson Kennedy Mclntyre
Noble Pennington Rowan Scott
Smalley Smith of 18th Smith of 34th Stephens Tysinger Vann Walling Webb
Those voting in the negative were Senators:
Adams of 5th Andrews Brown of 47th Coggin Cox Dean Pincher of 54th Gillis Hardy Hensley
Hill Holley Holloway Johnson Kidd McGill Miller Padgett Plunkett Reeder
Reynolds Riley Searcey Spinks Starr Trippe Ward Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the substitute, the ayes were 26, nays 28, and the sub stitute was lost.
THURSDAY, FEBRUARY 27, 1969
653
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
Senator Trippe of the 31st moved the previous question on SB 208 as amended.
On the motion, the ayes were 37, nays 10, and the motion prevailed.
On the passage of the bill, a roll call was ordered, and the vote was follows:
Those voting in the affirmative were Senators:
Chapman Coggin Doss 'Hardy Hensley Holley
Holloway Kidd McGill Miller Padgett Pennington
Reeder Riley Scott Starr
Trippe
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Cox Dean Eldridge Fincher of 51st Fincher of 54th
Garrard Gillis Hill Hudgins Jackson Johnson Kennedy Maclntyre Noble Plunkett Reynolds Rowan Searcey
Smalley Smith of 18th Smith of 34th Spinks Stephens Tysinger Vann Walling Ward Webb Zipperer
By uanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 17, nays 37.
The bill, having failed to received the requisite constitutional majority, was lost.
Senator Holley of the 22nd gave notice that at the proper time he would move that the Senate reconsider its action on SB 208.
654
JOURNAL OF THE SENATE,
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appro priations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
The report of the Committee of Conference was as follows:
The Conference Committee on HB 76 recommends that the Senate and House of Representatives both recede from their positions, and that the attached Con ference Committee Substitute to HB 76 be adopted.
Respectfully submitted,
FOR THE SENATE
Frank E. Coggin Senator, 35th District A. W. Holloway Senator, 12th District Lamar R. Plunkett Senator, 30th District
FOR THE HOUSE OF REPRESENTATIVES
James H. Floyd Representative, 7th District Robert W. Harrison, Jr. Representative, 66th District Colquitt H. Odom Representative, 61st District
A BILL
To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby appropri-
THURSDAY, FEBRUARY 27, 1969
655
ated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations here tofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.
Section 1. Legislative Branch. 1968-69 -----_----__-__-_------.------_--..-.-....-.-$2,300,000.00
Provided that the following objects in the Budget Report shall be changed to read as follows:
Personal Services _--_...___----------_----_.----.------._....$ 900,000.00 Operating Expenses ----------_._.--_----,,------------__-$1,200,000.00 Section 2. Comptroller General.
1968-69 --..,,---- ---------,,----.------------..--$ 75,708.00
Section 3. Department of Industry and Trade. 1968-69 --------------------.---_----__$ 173,100.00
Provided that not more than $6,900.00 shall be ex pended for business meals and incidental expenses as pro vided in an amendment to Article VII, Section I, Paragraph II of the Constitution (Ga. Laws 1968, p. 1882) which was ratified at the 1968 election.
Section 4. Secretary of State--Combined Divisions. 1968-69 --.------..-------------__--------_----_$ 42,250.00
Section 5. Department of Agriculture. 1968-69 ..__----_------------ -__--------------------$1,000,000.00
Provided that the following object in the Budget Re port shall be changed to read as follows:
Operating Expenses .___--..--_...----..--.----_._..----..$ 35,000.00 Provided that the following objects shall be added to those contained in the Budget Report: Fire Ant Eradication ------------------_.------_.----...._$ 715,000.00 Hog Cholera Indemnities --____------.--__------__----...__--$ 150,000.00
656
JOURNAL OF THE SENATE,
Section 6. Department of Mines, Mining and Geology-- Surface Mined Land Use Board.
1968-69 ---__.__.___________________________.___.._____$ 25,500.00
Section 7. North Georgia Mountains Commission. 1968-69 ____________________________,,_,,....._______.__$ 35,400.00
Section 8. State Board of Corrections.
1968-69 __...._.________.-..__._______._________________$ 100,000.00
Section 9. State Board of Education--Department of Education.
1968-69 ________-_.__.__.______----$ 769,994.00
Section 10. Highway Department Capital Outlay-Airport Development.
1968-69 __________________________________________$ 446,364.00
Section 11. Governor's Emergency Fund.
1968-69 ___________...._-...___..-.____.____..____.________$lJ350,000.00
Section 12. Game and Fish Commission.
1968-69 .______________.-._______________._.___._._._.._____$ 20,000.00
Provided that the above amount is appropriated to the Game and Fish Commission to be placed in operating ex penses for the purpose of paying Workmen's Compensation benefits.
Section 13. All expenditures and appropriations made and authorized under this Act shall be according to the ob jects and for the programs and activities as specified in the Governor's recommendations contained in the Supple mental Budget Report submitted to the General Assembly at the regular January, 1969, session, 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 conditions 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 be-
THURSDAY, FEBRUARY 27, 1969
657
yond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the priorapproval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Rep resentatives in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all in stances revealed in his audit in which the expenditures of any department, bureau, board, commission, institution, or other agency of the State show transfers made in vio lation of this Section. In those cases in which the afore said Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allocate as to object such funds as he deems proper, but he shall not ap prove any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbe fore for transfers.
Section 14. In the event it is determined by the Bud get Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the fore going Sections of this Act and the General Appropria tions Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each such appro priation made, except authority lease rental funds and other constitutionally obligated funds, as provided by Geor gia Code Section 40-418 (Ga. Laws 1962, p. 17).
The amounts of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State.
Provided, further, the Budget Bureau is hereby di rected to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sec tions of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.
TOTAL APPROPRIATION--1968-69 ____.^___--..__._._.^$6,338,316.00
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.
658
JOURNAL OF THE SENATE,
Senator Webb of the llth moved that the Senate adopt the report of the Committee of Conference to HB 76.
The bill involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Maclntyre McGill Miller Noble Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the report of the Committee of Conference, the ayes were 51, nays 0, and the report of the Committee of Conference was adopted.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physi cally handicapped; and for other purposes.
Senator Padgett of the 23rd moved that the Senate insist upon its amend ment to HB 260.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
THURSDAY, PEBEUARY 27, 1969
659
The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:
SR 53. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose tax able income for the immediately preceding tax year was less than $5,000; 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 VII, Section I of the Constitution is hereby amended by adding at the end of Section I a new Paragraph to be numbered Paragraph VI and to read as follows:
"Paragraph VI. There is hereby exempt from any and all ad valorem taxation for any purpose the homestead of each resident of the State of Georgia who is 65 years of age or older, if the homestead is actually occupied by such an owner as his residence and his taxable income, for State income tax purposes for the immediately preceding tax year, was less ahan $5,000. The owner of such a homestead shall not receive the benefits of this exemp tion unless he shall apply therefor each year in accordance with the foregoing provisions of Paragraph IV relating to the appli cation for a homestead exemption of certain owners 65 years of
age or older."
Section 2. The above proposed amendment to the Constitution 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 from any and all ad valorem taxation the homestead of each
) resident of the State of Georgia who is 65 years of age or older and whose taxable income for the im mediately preceding tax year was less than $5,000?"
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".
660
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 Committee on Banking and Finance offered the following amendment:
Amend SR 53 by striking the figure, "$5,000" wherever it appears in the resolution and substituting in lieu thereof the words and figure, "four thousand ($4,000) dollars".
Senator Stephens of the 36th moved that SR 53 be postponed until March 3rd.
On the motion to postpone, the ayes were 35, nays 0, and the motion pre vailed.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills of the Senate, and has instructed me, as Chairman, to re port the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 96. SB 113. SB 114. SB 125. SB 126. SB 141. SB 157. SB 162. SB 182. SB 184. SB 190.
Respectfully submitted, Eldridge of the 7th District, Chairman.
THURSDAY, FEBRUAEY 27, 1969
661
The following bills were read the first time and referred to committees:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and many others:
A bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.
Referred to Committee on Banking and Finance.
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation on corporations and individuals; and for other purposes.
Referred to Committee on Banking and Finance.
Senator Eldridge of the 7th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
662
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Friday, February 28, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th reported that the journal of yesterday's proceedings had been read and found correct.
Senator Holley of the 22nd moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 208. By Senators Trippe of the 31st and McGill of the 24th:
A bill to amend Code Chapter 57-1, relating to interest and usury, so as to authorize any person to agree in writing, whether originally or by renewal or extension, to pay such rate of interest as he may determine on certain loans; to repeal conflicting laws; and for other purposes.
On the motion to reconsider, Senator Andrews of the 49th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams of 26th Bateman Carter Chapman Coggin Doss Fincher of 51st Fincher of 54th Garrard
Hardy Hensley Holley Holloway Hudgins Kidd McGill Miller Padgett
Plunkett Reeder Riley Scott Smalley Starr Trippe Vann Walling
Those voting in the negative were Senators:
Abney Adams of 5th Andrews Brown of 47th Johnson
Noble Reynolds Rowan Searcey Smith of 18th
Tysinger Ward Webb Zipperer
FRIDAY, FEBRUARY 28, 1969
663
By unanimous consent, verification of the roll call was dispensed with.
On the motion to reconsider, the ayes were 27, nays 14.
The motion prevailed, and SB 208 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Tom Cooper, and as the nurse of the day, Miss Maureen Corllon.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendments No. 2 and 3, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
664
JOURNAL OF THE SENATE,
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Adams of the 100th, Hill of the 97th, and Lane of the 101st.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 108. By Mr. Adams of the 100th:
A bill to provide for increased pension benefits for policemen and fire men, widows and minor children of the same in certain counties (popu lation in excess of 300,000); and for other purposes.
HB 251. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Tift County, so as to change the salary of the Chairman and Vice-Chairman; and for other purposes.
HB 283. By Mr. Cole of the 3rd:
A bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners, so as to make it lawful for certain persons to continue to be employed by Whitfield County irrespective of rela tionship to any Member of the said Board; and for other purposes.
HB 442. By Mr. Salem of the 51st:
A bill to amend an Act creating a five man Board of Commissioners of Roads and Revenue for Toombs County, so as to provide that the said Commissioners may contract with or employ a person who is related to any member within the third degree either by blood or marriage for work to be done on the public roads, bridges, etc.; and for other purposes.
HB 443. By Mr. Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court, the Ordinary, the Tax Receiver of Toombs County, and providing in lieu thereof salaries for each of these officers so as to change the compensation of the Tax Receiver and to provide that the said Tax Receiver shall not have the authority to appoint depu ties, clerks, assistants or other personnel; and for other purposes.
FRIDAY, FEBRUARY 28, 1969
665
HB 500. By Mr. Smith of the 43rd:
A bill to amend an Act incorporating the City of Swainsboro, so as to provide for a four-year term for the Mayor of the City of Swainsboro; and for other purposes.
HB 501. By Mr. Smith of the 43rd:
A bill to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, so as to provide for four-year terms for the members of the board; and for other purposes.
HB 515. By Messrs. Lane of the 101st, Horton, Hawes, Gates and Cook of the 95th, Lee and Gary of the 21st:
A bill to amend an Act establishing a new charter for the City of College Park, so as to set the procedure for naming Judge pro tern of the City Court; and for other purposes.
HB 546. By Messrs. Lane of the 101st, Horton, Felton and Gates of the 95th, Longino of the 98th, Gary, Lee and Northcutt of the 21st:
A bill to amend an Act establishing a new charter for the City of College Park, so as to provide that all zoning and planning laws shall be gov erned by the general laws of the State; and for other purposes.
HB 580. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A bill to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an annual salary, so as to change the compensation of the sheriff and the clerk of the superior courts; and for other purposes.
HB 581. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of Tax Commissioner of Dougherty County, so as to change the compensation of the tax commissioner; and for other purposes.
HB 582. By Messrs. Snow, Crowe and Hale of the 1st, Peters of the 2nd and Floyd of the 7th:
A bill to repeal an Act providing a supplement to the salary of the Judge of the Superior Court of the Lookout Mountain Judicial Circuit; and for other purposes.
HB 583. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to reincorporate the City of LaFayette in the County of Walker; and for other purposes.
666
JOURNAL OF THE SENATE,
HB 584. By Messrs. Williams, Cooper and Wood of the llth:
A bill to incorporate and grant a charter to the City of Murrayville; and for other purposes.
HB 585. By Mr. Harrison of the 66th:
A bill to provide for the election of the members of the Board of Educa tion of Charlton County; and for other purposes.
HB 588. By Messrs. Melton and Brown of the 32nd, Caldwell and Smith of the 39th:
A bill to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to provide additional compensation to said court reporter; and for other purposes.
HB 591. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss and Henderson of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to change the compensation of the judges and the clerk of said court; and for other purposes.
HB 596. By Messrs. Rowland and Douglas of the 42nd:
A bill to provide a new charter for the Town of Scott in the County of Johnson; to provide for a mayor and council and other officers; and for other purposes.
HB 597. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the clerk of the superior court of Putnam County; and for other purposes.
HB 598. By Mr. Moate of the 28th:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensation of the Chair man and the members of the Board, and the Clerk of the Board; and for other purposes.
HB 599. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.
FRIDAY, FEBRUARY 28, 1969
667
HB 600. By Mr. Moate of the 28th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County into the office of tax commissioner of Putnam County, so as to change the compensation of the tax commissioner; and for other purposes.
HB 601. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the ordinary of Putnam County; and for other purposes.
HB 604. By Messrs. Bostick and Fallin of the 63rd:
A bill to amend Act creating a new Charter for the City of Tifton, so as to change the salary of the city manager; and for other purposes.
HB 396. By Messrs. Pickard, Jones and Buck of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the proced ures and circumstances under which the sale of distilled spirits or alco holic beverages for beverage purposes by the drink may be authorized and regulated by certain counties and municipalities; and for other purposes.
HB 436. By Mr. Vaughn of the 74th:
A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
The House has passed by the requisite constitutional majority the following bill and resolution of the House, to-wit:
HB 335. By Messrs. Ware of the 30th, Dean of the 119th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A bill to amend the Code of Georgia, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain dis abled veterans shall be valid and binding; to provide that the deeds, security deeds and other conveyances of property to or by certain disabled veterans shall be valid and binding; and for other purposes.
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JOURNAL OF THE SENATE,
HR 133. By Mr. Rush of the 51st:
A resolution relative to protection of the Capitol Building and Grounds; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 70. By Senator Jackson of the 16th: A bill to amend an Act abolishing the fee system in the superior courts of 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 compensation of the assistant solicitor general; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 216. By Senator Smith of the 18th: A bill to designate and establish the State Court of Houston County; to provide for the manner and method of the correction of errors; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 217. By Senator Johnson of the 38th: A bill to amend Chap. 68 (Motor Vehicles) of the Code of Georgia of 1933 so as to require the payment of a fee of $1.00 for the transfer of licenses and tags of motor vehicles from one person to another, and to authorize county tax agents making said transfers to retain 50f* of each fee of $1.00 collected; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
FRIDAY, FEBRUARY 28, 1969
669
SB 218. By Senator Johnson of the 38th:
A bill to amend an Act entitled "Motor Vehicle Certificate of Title Act" approved March 3, 1961, so as to authorize county tag agents to retain a fee of 50<# for each application handled in all counties of the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 219. By Senators Johnson of the 38th and Stephens of the 36th:
A bill to amend an Act relative to the issuance of motor vehicle license plates in counties, so as to increase the fee to be retained by the agent; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 220. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the city of Lawrenceville, Georgia, so as to redefine the City Limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 221. By Senators Smith of the 34th and Abney of the 63rd:
A bill to amend an Act fixing the salaries of the Judges of the Superior Courts, so as to place a limitation upon the compensation which may be received by a Judge of the Superior Court; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 222. By Senator Holloway of the 12th:
A bill relating to establishment of a FAIR Plan to make essential prop erty insurance available to all qualified applicants; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SR 84. By Senator Kidd of the 25th:
A resolution urging the Georgia Real Estate Investment Board to recom mend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.
Referred to Committee on Banking and Finance.
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JOURNAL OF THE SENATE,
SR 85. By Senator Johnson of the 38th: A resolution amending the rules of the Senate; and for other purposes.
Referred to Committee on Rules.
SR 86. By Senators Bateman of the 27th, Gillis of the 20th and Plunkett of the 30th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for grants or scholar ships to citizens of Georgia who are students attending colleges or uni versities which are not branches of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on University System of Georgia.
The following bills and resolution were read the first time and referred to Committees:
HB 108. By Mr. Adams of the 100th:
A bill to provide for increased pension benefits for policemen and fire men, widows and minor children of the same in certain counties (popu lation in excess of 300,000); and for other purposes.
Referred to Committee on Retirement.
HB 251. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Tift County, so as to change the salary of the Chairman and Vice-Chairman; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 283. By Mr. Cole of the 3rd:
A bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners, so as to make it lawful for certain persons to continue to be employed by Whitfield County irrespective of relation ship to any Member of said Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 396. By Messrs. Pickard, Jones and Buck of the 84th and others:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the procedures
FRIDAY, FEBRUARY 28, 1969
671
and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be authorized and regulated by certain counties and municipalities; and for other purposes.
Referred to Committee on Banking and Finance.
HB 335. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A bill to amend the Code of Georgia, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain dis abled veterans shall be valid and binding; to provide that the deeds, security deeds and other conveyances of property to or by certain dis abled veterans shall be valid and binding; and for other purposes.
Referred to Committee on Judiciary.
HB 436. By Mr. Vaughn of the 74th:
A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
Referred to Committee on Highways.
HB 442. By Mr. Salem of the 51st:
A bill to amend an Act creating a five man Board of Commissioners of Roads and Revenues for Toombs County, so as to provide that the said Commissioners may contract with or employ a person who is related to any member within the the third degree either by blood or marriage for work to be done on the public roads, bridges, etc.; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 443.' By Mr. Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court, the Ordinary, the Tax Receiver of Toombs County, and providing in lieu thereof salaries for each of these officers, so as to change the compensation of the Tax Receiver and to provide that the said Tax Receiver shall not have the authority to appoint deputies, clerks, assistants or other' personnel; and for other purposes.
Referred to Committee on County and Urban Affairs.
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HB 500. By Mr. Smith of the 43rd:
A bill to amend an Act incorporating the City of Swainsboro, so as to provide for a four-year term for the Mayor of the City of Swainsboro; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 501. By Mr. Smith of the 43rd:
A bill to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, so as to provide for four-year terms for the members of the board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 515. By Messrs. Lane of the 101st, Horton and Hawes of the 95th and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to set the procedure for naming Judge pro tern of the City Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 546. By Messrs. Lane of the 101st, Horton and Felton of the 95th and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to provide that all zoning and planning laws shall be gov erned by the general laws of the State; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 580. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A bill to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an annual salary, so as to change the compensation of the sheriff and the clerk of the superior courts; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 581. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of Tax Commissioner of Dougherty County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 582. By Messrs. Snow, Crowe and Hale of the 1st and others:
A bill to repeal an Act providing a supplement to the salary of the Judge of the Superior Court of the Lookout Mountain Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
FRIDAY, FEBRUARY 28, 1969
673
HB 583. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to reineorporate the City of LaFayette in the County of Walker; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 584. By Messrs. Williams, Cooper and Wood of the llth:
A bill to incorporate and grant a charter to the City of Murrayville; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 585. By Mr. Harrison of the 66th:
A bill to provide for the election of the members of the Board of Educa tion of Charlton County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 588. By Messrs. Melton and Brown of the 32nd, Caldwell and Smith of the 39th:
A bill to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to provide additional compensation to said court reporter; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 591. By Messrs. Kreeger, Wilson, McDaniell and others of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to change the compensation of the judges and the clerk of said court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 596. By Messrs. Rowland and Douglas of the 42nd:
A bill to provide a new charter for the Town of Scott in the County of Johnson; to provide for a mayor and council and other officers; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 597. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax receiver of Putnam County
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on a salary basis, so as to change the compensation of the clerk of the superior court of Putnam County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 598. By Mr. Moate of the 28th:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensation of the Chair man and the members of the Board, and the Clerk of the Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 599. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 600. By Mr. Moate of the 28th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County into the office of tax commissioner of Put nam County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 601. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the ordinary of Putnam County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 604. By Messrs. Bostick and Fallin of the 63rd:
A bill to amend an Act creating a new Charter for the City of Tifton, so as to change the salary of the city manager; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 133. By Mr. Rush of the 51st:
A resolution relative to protection of the Capitol Building and Grounds; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
FRIDAY, FEBRUARY 28, 1969
675
The following bills and resolutions were read the second time:
SB 212. By Senator Rowan of the 8th:
A bill to provide that it shall be unlawful for any person, firm or cor poration to set up, promote or engage in any plan by which goods or anything of value is sold for a consideration, and upon the further con sideration that the purchaser agrees to secure one or more persons to participate in the plan by making a similar purchase and agreeing to secure one or more persons likewise to join the same plan; to repeal conflicting laws; and for other purposes.
SB 213. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of county commissioners of Baldwin County, so as to change the compensation which may be paid to said county commissioners; to repeal conflicting laws; and for other purposes.
SB 214. By Senator Coggin of the 35th:
A bill to amend Section 56-620 of the Code of Georgia, relating to re quirements concerning brokers and solvent insurers, so as to change the circumstances under which a broker may insure with a foreign insurer; to repeal conflicting laws; and for other purposes.
SB 215. By Senator Coggin of the 35th:
A bill to amend an Act approved Mar. 18, 1966, comprehensively and exhaustively revising, superseding and modernizing pre-trial, trial and certain post-trial procedures in civil cases; and for other purposes.
SR 82. By Senator Dean of the 6th:
A resolution requesting the Commissioner of Labor of the State of Georgia to promulgate specific rules covering safety standards for industrial workers who are exposed to formaldehyde fumes and vapors; and for other purposes.
SR 83. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st and others:
A resolution designating "Georgia Authors' Week"; and for other purposes.
HB 254. By Messrs. Henderson, Wilson and Housley of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for the qualifications of Assistant Solicitors of
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said Court who are assigned thereto by the District Attorney of the Cobb Judicial Circuit; and for other purposes.
HB 347. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
A bill to amend an Act providing that the construction and maintenance of portions of the State air system of roads lying within the corporate limits of municipalities shall be the responsibility of the State Highway Board, so as to delete the provision limiting the amount required to be expended for the maintenance of State aid roads within the corporate limits of municipalities having a population of more than 33,000; and for other purposes.
HB 574. By Messrs. Davis, Floyd, Higginbotham of the 75th and others:
A bill to amend an Act creating a chairman and board of county com missioners of DeKalb County, so as to require the publication of audits on a quarterly basis; to authorize the commission to publish additional information; and for other purposes.
HR 200. By Messrs. Chandler and Harrington of the 34th:
A resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control Commission; and for other purposes.
HR 201. By Messrs. Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes.
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and many others:
A bill to amend Code Section 92-1403 of the Georgia Code of 1933, re lating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and indi viduals; and for other purposes.
The following reports of standing committees were read by the secretary:
FRIDAY, FEBRUARY 28, 1969
677
Senator Smith of the 18th 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 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 165. Do pass.
SB 192. Do pass by substitute.
SB 193. Do pass.
HR 74. Do pass.
Respectfully submitted,
Smith of 18th District,
Chairman.
Senator Hensley of the 33rd 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 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 85. Do pass by substitute. HB 118. Do pass as amended. HB 119. Do pass. HR 90. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judici ary, 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:
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JOURNAL OF THE SENATE,
SB 136. Do pass by substitute. HB 303. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Holloway of the 12th District, Chairman of the Committee on Indus try 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 Chairman, to report the same back to the Senate with the following recommendations:
SB 166. Do pass. HB 51. Do pass as amended. HB 62. Do pass. HB 136. Do pass.
3r
Respectfully submitted, Holloway of 12th District, Chairman.
Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 94. Do pass.
FT 278. Do pass.
Respectfully submitted,
*S
Chapman of 32nd District,
Chairman.
Senator Andrews of the 49th District, Chairman of the Committee on Educa tional Matters, submitted the following report:
FRIDAY, FEBRUARY 28, 1969
679
Mr. President:
Your Committee on Educational Matters has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 23. Do pass by substitute. SB 183. Do pass as amended. HB 169. Do pass. HB 172. Do pass. HB 272. Do pass.
Respectfully submitted, Andrews of 49th District, Chairman.
Senator Fincher of the 51st District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 409. Do pass as amended. HB 418. Do pass.
Respectfully submitted, Fincher of 51st District, Chairman.
Senator Smith of the 18th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tions of the Senate and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations:
SR 60. Do pass. SR 67. Do pass.
Respectfully submitted, Smith of 18th District, Vice-Chairman.
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JOURNAL OP THE SENATE,
Senator Smith of the 18th 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 bills 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 by substitute.
SB 201. Do pass as amended.
Respectfully submitted,
Smith of 18th District,
Chairman.
The following local, uncontested bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 268. By Messrs. McDaniell, Kreeger, Burruss, Atherton, Housley, Wilson and Henderson of the 117th:
A bill to increase the amount of the bond which shall be executed by the Clerk of the Superior Court 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Scripture reading and prayer were offered by the Reverend Marcus Williams, of Atlanta.
Senator Zipperer of the 3rd asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
FRIDAY, FEBRUARY 28, 1969
681
SB 54. By Senators Smalley of the 28th and Stephens of the 36th:
A bill to amend an Act entitled "An Act to provide for a Sheriffs' Retirement Fund of Georgia; and for other purposes,", approved April 17, 1963 (Ga. L. 1963, p. 630), so as to permit newly elected sheriffs an opportunity to join said fund; to repeal conflicting laws; and for other purposes.
The Committee on Retirement offered the following substitute to SB 54:
A BILL
To be entitled an Act to amend an Act creating the Sheriffs' Retire ment Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), so as to delete the requirement that a sheriff who has not filed his appli cation for membership in the fund within one year from the date of the original Act or of taking office forever be barred from becoming a member of said fund; to provide that the Board of Commissioners may accept certain applications for reinstatement to the fund only if they are filed between June 1, 1969, and June 30, 1969, or within 30 days fol lowing the member's new elective or appointive term; to provide that a sheriff who has failed to apply for membership in the fund within one year of beginning his service as sheriff may become a member if he files his application between June 1, 1969 and June 30, 1969, or within 30 days following the beginning of such sheriff's new elective or appointive term; to restrict prior service credit for such sheriffs who elect to receive prior service credit; to grant sheriffs the right to refuse prior service credit; to change the rate of interest with reference to the pay ment of dues in default; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the Sheriffs' Retirement Fund of Geor^ gia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), is hereby amended by striking subsection 2 of Section 11 in its entirety and inserting in lieu thereof a new subsection 2 of Section 11 to read as follows:
"2. He must file his application for such membership with the secretary-treasurer of said Board of Commissioners within one year from the date he may begin serving as such sheriff."
Section 2. Said Act is further amended by striking subsection 2 of Section 14 in its entirety and inserting in lieu thereof a new subsection 2 of Section 14 to read as follows:
"2. If such removal is occasioned by non-compliance with para graph 2 of Section 13 above, upon filing a subsequent application for reinstatement to the active membership roll within twelve (12) months from the date of first default and payment of all dues then
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JOURNAL OP THE SENATE,
in default, with interest thereon at 8 per cent per annum from the date of such default to the date of payment, together with such resonable penalty as may be provided for by said Board of Commis sioners, said member may be reinstated to the active membership roll and credited for such service.
The member, however, may elect to be reinstated to active mem bership in the fund without credit for prior service, in which case he will not be required to pay dues in default or interest thereon; his credit for service shall date from the first day of the term in which his application for reinstatement is submitted to and approved by the said Board of Commissioners.
Provided, however, the application for reinstatement shall be accepted by the Board of Commissioners only if it is filed by the member between June 1, 1969 and June 30, 1969, or within 30 days following the beginning of his new elective or appointive term."
Section 3. Said Act is further amended by adding a new section to be known as Section 16A to read as follows:
"Section 16A. Any duly qualified and commissioned sheriff who would be eligible to become a member of the Sheriffs' Retire ment Fund of Georgia but for the provisions in subsection 2 of Sec
tion 11, as amended, shall be permitted to become a member if he files his application with the secretary-treasurer of said Board of Commissioners between June 1, 1969 and June 30, 1969, or within 30 days following the beginning of such sheriff's new elective or appointive term.
Any sheriff who has served at any time as sheriff of a Georgia county since 1960, and who has not been a member of the fund, and who wishes to avail himself of the provisions of this section may do so by following either one of the following:
(1) he may claim credit for all prior service as a sheriff (only) by tendering payment of all dues which he would have paid had he been a member of the fund, with interest thereon at 8 per cent per annum and with such reasonable penalty as may be provided for by said Board of Commissioners; or
(2) he may waive credit for prior service as a sheriff and be credited for service beginning on the first day of the elective or appointive term in which his application is submitted to and accepted by the said Board of Commissioners.
In no event shall any sheriff who avails himself of the pro visions in this section be permitted to claim credit for prior service as a peace officer (except sheriff) or member of any of the armed services of the United States."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
FRIDAY, FEBRUARY 28, 1969
683
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 32, nays 5, 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 passge of the bill, the ayes were 34, nays 7.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 65. By Senator Searcey of the 2nd:
A bill to amend an Act approved March 31, 1967, and incorporated in the Acts of the General Assembly of the State of Georgia, as that "The Georgia Legislative Retirement System, Act No. 128, so to amend an Act creating "The Georgia Legislative Retirement System", so as to provide that persons with 20 or more years of service shall become mem bers upon reaching the age of 65; and for other purposes.
The Committee on Retirement offered the following substitute to SB 65:
A BILL
To be entitled an Act establishing the Georgia Legislative Retire ment System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1354), so as to provide that any member of the system may irrevocably elect to terminate his membership in the System at any time after becom ing a member thereof; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1354), is hereby amended by striking from the first sentence of subsection (1) of Sec tion 4 the following:
", except that within six months from such date any such person may irrevocably elect not to be a member of the system"
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and by inserting in said subsection, immediately before the last sen tence thereof, the following sentence:
"Any member of the System may irrevocably elect to ter minate his membership in the System at any time after becoming a member thereof.",
so that when so amended subsection (1) of Section 4 shall read as follows:
"(1) All persons who are members of the General Assembly on the date of establishment of the System shall become members of the System as of such date. All other persons shall become members of the System on their taking office as members of the General Assembly. Any member of the System may irrevocably elect to terminate his membership in the System at any time after becoming a member thereof. Staff members, as defined in Section 1 of this Act, shall also have the option to become members of the System under the same conditions as elected members of the General Assembly."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Doss of the 52nd offered the following amendment to the committee substitute to SB 65:
Amend the Senate Retirement Committee Substitute to SB 65 as follows:
By striking from the title the following:
"Provide that any member of the system may irrevocably elect to terminate his membership in the system at any time after be coming a member thereof",
and inserting in lieu thereof the following:
"Repeal an act establishing the Georgia Legislative Retirement system",
and by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) An Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended by an act approved April 10, 1968 (Ga. Laws 1968, p. 1354), is hereby repealed in its entirety.
(b) All contributions made by, or on behalf of, each member of the System, plus accumulated interest, shall forthwith be trans-
FRIDAY, FEBRUARY 28, 1969
685
mitted to each member, or, if any member shall be deceased be fore his share plus interest has been returned, to his heirs at law."
On the adoption of the amendment to the committee substitute, Senator Doss of the 52nd called for the ayes and nays, and the call was sustained.
The roll was called, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 26th Andrews Bateman Broun of the 36th Chapman Dean Doss Eldridge Garrard
Hensley Holley Johnson Kidd
Miller Plunkett Reeder Reynolds Riley Rowan
Searcey Smalley Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling
Those voting in the negative were Senators:
Adams of 5th Brown of 47th Carter Coggin Cox Fincher of the 51st
Hardy
Holloway Hudgins London Maclntyre McGill Noble Padgett
Pennington Scott Smith of 18th Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment to the committee substitute, the ayes were 30, nays 20, and the amendment was adopted.
On the adoption of the substitute as amended, the ayes were 31, nays 11, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 15.
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The bill, having received the requisite constitutional majority, was passed by substitute as amended.
The following resolution was read and adopted:
SR 88. By Senator Coggin of the 35th: A resolution relative to adjournment; 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:
HE 319. By Mr. McClatchey of the 113th:
A bill to amend an Act known as the "Georgia Securities Act", so as to redefine insurance or endowment policies or annuity contracts or variable annuity contracts which shall not constitute "Securities" as such term is used in the Georgia Securities Act; and for other purposes.
HB 320. By Mr. McClatchey of the 113th:
A bill to amend Title 56 of the Code of Georgia, relating to the regu lation of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts; and for other purposes.
HB 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A bill to create the Georgia Higher Education Assistance Authority; and for other purposes.
HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A bill to amend an Act creating the "Georgia Higher Education Assist ance Committee", so as to confer upon the Committee additional pow ers; and for other purposes.
The House has adopted the following resolution of the Senate, to-wit:
FRIDAY, FEBRUARY 28, 1969
687
SR 88. By Senator Coggin of the 35th: A resolution relative to adjournment; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 163. By Mr. Alexander of the 108th: A bill to amend Code Section 38-211, relating to the refusal to make discovery and the consequences thereof, so as to provide for reasonable attorneys' fees for delay in answering interrogatories under certain circumstances; and for other purposes.
The following bills were read the first time and referred to committees:
HB 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A bill to create the Georgia Higher Education Assistance Authority; and for other purposes.
Referred to Committee on Educational Matters.
HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A bill to amend an Act creating the "Georgia Higher Education As sistance Committee", so as to confer upon the Committee additional powers; and for other purposes.
Referred to Committee on Educational Matters.
HB 319. By Mr. McClatchey of the 113th:
A bill to amend an Act known as the "Georgia Securities Act", so as to redefine insurance or endowment policies or annuity contracts or variable annuity contracts which shall not constitute "Securities" as such term is used in the Georgia Securities Act; and for other pur poses.
Referred to Committee on Banking and Finance.
HB 320. By Mr. McClatchey of the 113th:
A bill to amend Title 56 of the Code of Georgia, relating to the regula tion of the insurance industry; to define the term "Variable Annuity
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Contract"; to provide various regulations of such contracts; and for other purposes.
Referred to Committee on Banking and Finance.
Senator Eldridge of the 7th, 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 resolution of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 77.
SB 78.
SB 79.
SB 154.
SB 176.
SB 178.
SB 179.
SB 181.
SB 188.
SB 191.
SB 196.
SB 197.
SB 199.
SB 205.
SB 206.
SR 88.
Respectfully submitted,
Eldridge of the 7th District,
Chairman.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 69. By Senator Webb of the llth:
A bill to amend an Act establishing the "Employees Retirement System of Georgia", approved February 3, 1949 (Ga. Laws 1949, p. 138), as
FRIDAY, FEBRUARY 28, 1969
689
amended, so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of the appointment or election is a mem ber of the "Employees Retirement System of Georgia" shall as a mat ter of right be entitled to continue his membership in said system; and for other purposes.
The Committee on Retirement offered the following substitute:
A BILL
To be entitled an Act to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved---_._ ________________________(Act No.------.) adopted at the 1969 Session of the General Assembly of Georgia, so as to delete the provisions entitling certain members holding office under the Constitution of Georgia to continue membership in the Retirement System and retain all rights thereunder after accepting office as a certain official of a department of the United States Government; to provide that certain members who cease to hold office or be employed in a qualifying position may continue membership in the retirement system under certain condi tions; to provide for such conditions; to provide for the retirement benefits of such members; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved ...__.--_.___-________.___ (Act No. _____) adopted at the 1969 Session of the General Assembly of Georgia, is hereby amended by striking in its entirety from Section 3 the paragraph which reads as follows:
"Any provisions of law to the contrary notwithstanding, any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who ac cepts office as an undersecretary, assistant secretary, secretary or cabinet level official of a department of the United States Government shall be entitled to continue his membership in the Retirement System, and retain all his rights thereunder, provided he shall pay to the Board of Trustees, according to rules and regulations established by said Board, all employer and employee contributions based upon his compensation as a State official at the time of separation or at such other rate as may subsequently be provided by law with respect to such State office, so that such contributions and compensation shall be the same as he would have paid and received if he had retained his State office.",
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and substituting in lieu thereof the following:
"Any other provisions of this Act to the contrary notwith standing, any member having more than eighteen years of credit able service who ceases to hold office or to be employed in a qualifying position shall nevertheless be entitled to continue his membership in the Retirement System provided he shall pay to the Board of Trustees, according to the rules and regulations estab lished by said Board, all employer and employee contributions based upon his compensation at the time of his separation, and provided no such member may retire before age sixty and that, upon retirement, his benefits shall be the actuarial equivalent of his contributions and the matching State contribution to the date of his separation, together with the total of his contributions after separation with the earnings on such contributions based upon the member's attained age upon retirement."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Webb of the llth offered the following amendment to the Com mittee Substitute to SB 69:
Amend Committee Substitute to SB 69 by adding in the last quoted paragraph of Section 1 after the words "provided no such member", and before the words "may retire before age sixty", the words "who continues his membership as provided in this paragraph."
On the adoption of the amendment to the Committee Substitute, the ayes were 40, nays 2, and the amendment was adopted.
On the adoption of the Committee Substitute as amended, 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th
Brown of 47th Carter Chapman Coggin Cox Dean
Doss Eldridge Fincher of 51st Garrard Hardy Hensley
FRIDAY, FEBRUARY 28, 1969
691
Holley Holloway Hudgins Johnson Kidd London Maclntyre McGill Miller Padgett Pennington
Plunkett Reeder Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks
Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the committee substitute, as amended, the ayes were 49, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Webb of the llth moved that SB 69 be immediately transmitted to the House.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
The following bill of the House was taken up for the purpose of consider ing House action thereto:
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
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Senator Stephens of the 36th moved that the Senate insist on amendments Nos. 2 and 3, and that a Committee of Conference be appointed.
On the motion, the ayes were 41, nays 0, 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, Hill of the 29th and Smalley of the 28th.
The following bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 74. By Senator Smalley of the 28th:
A bill to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to completely revise said fees; to provide for all matters relative to the foregoing; 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 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to com pletely revise said fees; to repeal Code Section 24-2728, relating to fees of the clerks of superior courts in certain counties, as amended; to pro vide for certain additional fees; to amend Code Section 24-2718, relat ing to recording maps or plats and the fees therefor, so as to change the provisions relating to fees; to amend Code Section 24-3406, relat ing to deposit of cost required in divorce cases, as amended, so as to change the provisions relating to such deposits; to amend Code Section 50-124, relating to the recording of proceedings in habeas corpus cases, so as to change the provisions relating to fees of the clerks of the superior courts; to amend Code Section 70-105, relating to fees paid for certificates issued to notaries public, as amended, by an Act ap proved March 27, 1947 (Ga. Laws 1947, p. 1108), so as to change the provisions relating to fees paid to the clerks of the superior courts; to amend Code Section 108-607, relating to the recording of deeds and amendments thereto, as amended, by an Act approved March 28, 1961 (Ga. Laws 1961, p. 207), so as to change the provisions relating to fees of the clerks of the superior courts; to amend an Act known as the "Revenue Bond Law", approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, particularly by an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 16), so as to change the provisions of said Act relating to fees of the clerks of the superior courts; to
FRIDAY, FEBRUARY 28, 1969
693
amend an Act providing for the registration of trade names, approved March 29, 1937 (Ga. Laws 1937, p. 804), as amended, so as to change the provisions of said Act relating to fees of the clerks of the supe rior courts; to amend an Act amending and revising the adoption laws, approved March 27, 1941, as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 679), so as to change the pro visions of said Act relating to fees of the clerks of the superior courts; to amend Code Section 60-801, relating to fees in connection with land registration, so as to remove therefrom the provisions relating to fees of the clerks of the superior courts; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 24-2727 to read as follows:
"24-2727. Fees enumerated. The clerks of the superior courts of this State shall be entitled to charge and collect the following fees for official duties performed by them. Provided, that all coun ties in this State where the clerk of the superior court is on a salary basis the fees herein provided shall be paid into the coun ty treasury, to-wit:
Civil Cases
Filing and docketing suits: complaints or motions ......--,,.-.,,_.$ 3.00 Copying and issuing process or summons -----_-__..,,--------.. 3.00
Each copy after first copy ....---_-__,,__,,..,,.--.-_.._-----------.. 1.00 Entering verdict or judgment on minutes _______,,,,..--..-----,,,, 2.00 Filing all motions subsequent to any complaint in any case __ 1.00 Issuing fieri facias ,,_______.____.._-__-_---__,,_____--_--.___------------_.. 1.00 Entering fieri facias on execution docket ._--___--.____-__.___--_______ .50 Entering fieri ficias on general execution docket ----_________--_-._ .50 Issuing subpoena or summons to witness _._._--_----,,_-__,,,,--___ .50 Writ of partition of land and recording proceedings in case __ 10.00 Recording incorporation of any company __._,,_-.--_._..----___.--_._. 15.00 Proceedings to forfeit charter _____________.________,,___________--__._.__.__-__ 10.00 Furnishing and certifying any process, order, etc. for
publication ..............._._____-_-..--.-.--.,,________--......-.,,--_------.----... 1.50 Recording liens and mortgages and deeds, per page ______________ 1.50 Cancellation of deeds and mortgages ________________________________ .25 Issuing commission to examine witness _,,______,,__--------_.._----_ 1.00 Recording any instrument or writing, not specified, per page 1.50 Exemplification of record, per page ----,,._------____--...._.--... 1.50 Preparation of record and transcript to the Supreme Court
or Court of Appeals, per page ___________________________________ 1.50 Provided, however, that where a transcript of the
evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but
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shall receive, for filing and transmission of such tran script a fee of .._._._____._.__._______________________._._._,,_ 5.00 Entering remittitur from Supreme Court or Court of Appeals _._.__.___________________________.._.-..-_...-.__..__.._.-___._______ 1.00 Certificate and seal on remittitur ..__--_.-_.._--__.._..-_...__._...._._ 1.00 Issuing jury script or check, each ..._.--_,,,,.__.._,,_________________ .10 Recording maps or plats _.___,,--_--------__-_------_____....-- 1.00 Before filing any divorce case or proceeding, in accordance with the provisions of Code Section 24-3406, as amended, a deposit of .............._..........___,,_____.......__._.__._ 20.00 For issuing certificates of appointment to notaries public and for issuing certificates of reapportionment as provided by Code Section 71-105, relating to the issuance of such certificates and the fees therefor, as amended ..._.__ 4.00 Recording deeds of trust or amendments thereto in accord ance with the provisions of Code Section 18-607, as amended, per page _.__.__..__--._--......___.___..__.._ 1.50 Validation and confirmation of revenue bonds pursuant to the provisions of Section 15 of the "Revenue Bond Law" approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended. For each bond
First 100 bonds _______________________________ 1.00 101st - 500th .___.........................__._..______....... .25 All over 500 __.__.._._._._.___..__.__.__.. .10 Registering and filing trade names pursuant to the provi sions of Section 2 of the Act providing for the registra tion of trade names, approved March 29, 1937 (Ga. Laws 1937, p. 804), as amended ........--_________,,_..___. 1.00 Issuing certification of adoption under seal of the court pur suant to the provisions of Section 14 of the Act revis ing the adoption laws, approved March 27, 1941 (Ga. Laws 1941, p. 300), as amended .......__.....____..__.......... 1.00 For processing alimony or child support payments, an addi tional amount, also to be paid by the husband to the clerk, of 5% of the amount of payment, but not more than _____________._________-___.______------__-_-____-_-____- 1.25 The clerks shall receive the same fees as in other civil cases for performing the duties required of them by Code Title 60, relating to land registration.
CRIMINAL CASES.
Service in entering and docketing bills of indictment, present ments, no bills, accusations, indictments or accusation record _________________________________._-__......___-..__ 3.00
Services in cases where the defendant is tried or pleads guilty, or there is a settlement __.____--__._.--_..--. 10.00
Service in docketing and entering bills of indictment or pre sentments on minutes in cases of nolle prosequi _._._.....__ 5.00
Issuing each summons or subpoena ----------._.--..._._._......_ .50 Entering any record on minutes, not specified, per page _____ 1.50 Preparation of record and transcript to the Supreme Court or
Court of Appeals, per page ,,__~_._--__.------------------ 1.50 Provided, however, where a transcript of the evidence and
proceedings is filed with the clerk and does not require
FRIDAY, FEBRUARY 28, 1969
695
recopying, the clerk shall not receive the fee herein pre scribed with respect to such transcript but shall receive, for the filing and transmission of such transcript, a fee of -._____--.._._________ _______ __________,,,,______________ 5.00
Per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State. Recording proceedings in all cases of habeas corpus, per
page ______________________________,,__,,_________,,______________________________ 1.50
All statutes or laws in force in this State which provide com pensation for clerks of the superior courts for the discharge of duties not herein enumerated or provided for shall remain in full force and effect.
Section 2. Code Section 24-2728 relating to fees of clerks of supe rior courts in certain counties, as amended, is hereby repealed in its entirety.
Section 3. Code Section 24-2718, relating to recording maps or plats and the fees therefor, is hereby amended by striking from said Section the following sentence:
"For recording of such map, sketch, or plat, the clerk shall be entitled to a fee of $1.",
and inserting in lieu thereof the following sentence:
"For recording of such map, sketch, or plat, the clerk shall be entitled to receive the fee prescribed in Code Section 24-2727, relating to fees of clerks of the superior courts, as amended.",
so that when so amended Code Section 24-2718 shall read as follows:
"24-2718. Recording maps or plats; fees. Whenever any map, sketch, or plat of any tract or body of land, whether attached to and made a part of a deed or not, is offered for record, it shall be the duty of the clerk of such superior court to correctly copy or trace such map, sketch, or plat in a looseleaf plat-record book, and in no case shall any copy of such map, sketch, or plat be accepted by such clerk and pasted in such platbook unless such copy be made on linen or tracing cloth and with permanent India ink. For recording of such map, sketch, or plat, the clerk shall be entitled to receive the fee prescribed in Code Section 24-2727, relating to fees of clerks of the superior courts, as amended. In the event said map, sketch, or plat is not attached to and made a part of a deed, then the clerk of said superior court must index said map, sketch, or plat in the index book hereinabove provided for under the caption or name of the prop erty, provided it has one, under the name of the owner, and also under the original land-lot number, provided the land lies in that portion of the State which has been subdivided or surveyed into land lots and districts. There shall be no charge for indexing said
plat, sketch, or map."
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Section 4. Code Section 24-3406, relating to the deposit of cost required in divorce cases, as amended, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 24-3406 to read as follows:
"24-3406. Deposit of cost required in divorce cases. The clerks of the superior courts shall not be required to file any divorce case or proceeding until the deposit required by Code Section 24-2727, relating to fees of clerks of the superior courts, as amended, has been deposited with said clerk on account of cost. Said deposit shall include all cost deposits required, including the deposit for a certificate which is sent to the Department of Health. If the proceeding be dismissed or if the total cost incurred in said case or proceeding is less than the deposit required by said Code Section 24-2727, any of the sum remaining in the hands of the clerk shall be repaid."
Section 5. Code Section 50-124, relating to the recording of pro ceedings in habeas corpus cases, is hereby amended by striking from the end of said Section the following: "for which he shall receive the like fees as in other cases recorded by him.", and inserting in lieu thereof the following: "for which he shall receive the fees provided by Code Section 24-2727, relating to fees of clerks of the superior courts, as amended.", so that when so amended Code Section 50-124 shall read as follows:
"50-124. Proceedings must be recorded. The proceedings in all cases of habeas corpus shall be returned to the clerk of the superior court of the county whose judge shall have heard the same, or court of ordinary, if heard by the ordinary, and shall be by such officer recorded as in other cases, for which he shall re ceive the fees provided by Code Section 24-2727, relating to fees of clerks of the superior courts, as amended."
Section 6. Code Section 71-105, relating to fees paid for certifi cates issued to notaries public, as amended, by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1108), is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 71-105 to read as follows:
"71-105. Fees to be paid. Before a certificate shall be issued to the appointee, he shall pay to the clerk of the superior court the sum prescribed by Code Section 24-2727, relating to fees of clerks of the superior courts, as amended, of which amount the clerk shall be entitled to the sum of $3.00 to cover his services in issuing certificate of appointment as notary public, administering the oath and recording the same. With a copy of the certificate of appointment, under his seal of office, the clerk shall immedi ately send $2.00 to the Secretary of State who shall keep a record in his office showing the names of the notaries public appointed with their address, age, sex, and the term for which their com mission runs, and such amount shall cover the cost of the Secre tary of State in keeping such records. On reappointment as no taries public, the sum prescribed by said Code Section 24-2727
FRIDAY, FEBRUARY 28, 1969
697
shall he paid to the clerk of the superior court and dispersed in the same manner as provided herein for the original appointment."
Section 7. Code Section 108-607, relating to the recording of deeds and amendments thereto, as amended, by an Act approved March 28, 1961 (Ga. Laws 1961, p. 207), is hereby amended by striking from the first sentence of subsection (a) of said Section the following:
"and pay to said clerk 15 cents per hundred words for re cording such deed and $5 for other services required of the clerk in connection with the filing of such deed.",
and inserting in lieu thereof the following:
"and pay to said clerk the fee prescribed in Code Section 24-2727, relating to fees of clerks of the superior courts, as amended.",
so that when so amended, subsection (a) of Code Section 108-607 shall read as follows:
"(a) The deed creating such trust estate shall, within 30 days of the execution thereof, or within 30 days of the enactment of this provision, whichever is later, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located and the trustee shall concurrently therewith deposit with and pay to said clerk the fee prescribed in Code Section 24-2727, relating to fees of clerks of the superior courts, as amended. Upon said deed being filed with the clerk and the fees being paid, as aforesaid, said clerk shall forthwith deliver to the trustee or his attorney two certified copies of said deed, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. Upon receiving the two certified copies of said deed, the trustee or his attorney shall present the same to the Secretary of State, and shall concurrently therewith pay $5 to the Secretary of State for the use of the State. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form:
State of Georgia Office of the Secretary of State.
This is to certify that a copy of the attached certified copy of a deed, declaration or agreement of trust dated _______ ____________, by and between _________ as grantor(s) and --------------------------------as trustee(s), which states that the trustee (s) may use the name of _______________, has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law.
WITNESS my hand and official seal this ___________ day of _______________, 19____.
Secretary of State".
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Section 8. An Act known as the "Revenue Bond Law", approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, particularly by an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 16), is hereby amended by striking Section 15 in its entirety and substitut ing in lieu thereof a new Section 15 to read as follows:
"Section 15. Certificates, when issued under provisions of this Act shall have stamped or written thereon, by the proper officers of such municipality issuing the same, or their agents or servants, the words: 'Validated and confirmed by judgment of the superior court,' specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the clerk of the superior court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this State. The clerk of the superior court shall receive for his services ren dered under this Section the fee prescribed in Code Section 24-2727, relating to the fees of the clerks of the superior courts, as amended."
Section 9. An Act providing for the registration of trade names, approved March 29, 1937 (Ga. Laws 1937, p. 804), as amended, is hereby amended by striking the last sentence of Section 2 which reads as follows: "The applicant for registration shall accompanly each regis tration statement with a fee of fifty (0.50) cents to be paid to the clerk.", and inserting in lieu thereof a new sentence to read as follows: "The applicant for registration shall accompany each registration state
ment with the fee prescribed by Code Section 24-2727, relating to fees of clerks of the superior courts, as amended.', so that when so amended Section 2 shall read as follows:
"Section 2. The clerk shall register the same by filing the verified statement in his office and shall keep an alphabetical index of all such registrations in a permanent record book to be kept in his office; said index to show the trade, partnership, or other name registered, and in connection therewith the names of the owners. The applicant for registration shall accompany each registration statement with the fee prescribed by Code Section 24-2727, relat ing to fees of clerks of the superior courts, as amended."
Section 10. An Act amending and revising the adoption laws, ap proved March 27, 1941, as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 679), is hereby amended by strik ing from the third sentence of Section 14 the following: "upon payment to him of a fee of fifty cents,", and inserting in lieu thereof the follow ing: "upon payment to him of the fee prescribed in Code Section 24-2727, relating to fees of clerks of the superior courts, as amended.", so that when so amended Section 14 shall read as follows:
"Section 14. Notice of Final Order of Adoption. 1. Upon the entry of the final order of adoption, the clerk of the court granting the same shall forward a copy of said final order, together with the original of the investigation report filed with the court, to the State Department of Public Welfare. If there shall be any subse-
FRIDAY, FEBRUARY 28, 1969
699
quent order or revocation of said adoption, or order of annulment or adoption, a copy of same in like manner shall be forwarded by the clerk to the State Department. At any time after the entry of the final order of adoption, the clerk of the court granting1 the same shall, upon the request of the adopting parents, issued to said adopting parents a certificate of adoption, under the seal of the court, upon payment to him of the fee prescribed in Code Section 24-2727, relating to fees of clerks of the superior courts, as amend ed, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in said certificate. Said adoption certificate shall be in substantially the following form:
'This is to certify--(Names of adopting parents)--have ob tained final order of adoption in the Superior Court of ________ County, Georgia, on the -------- day of ----------------------, 19------, as shown by their records on--(Full name of adopted child).
'Given under the hand and seal of said court, this the _____ day of ........_.....------_..._......._._., 19.-_....
Clerk'"
Section 11. Code Section 60-801, relating to fees in connection with land registration, is hereby amended by striking therefrom the provi sions relating to the clerks of the superior courts.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Smith of the 18th offered the following amendment to the committee substitute:
Amend SB 74 by striking from quoted Code Section 24-2727 of Section 1 the following:
"Filing and docketing suits: complaints or motions .... $3.00",
and inserting in lieu thereof the following:
"Filing and docketing suits: complaints or motions in any coun ties with a population of 100,000 or more, according to the latest United States Decennial Census or any future such census. . . . $3.00
Filing and docketing suits: complaints or motions in any coun ties with a population of less than 100,000, according to the latest United States Decennial Census or any future such census. . . . $4.50".
By striking from quoted Section 24-2727 of Section 1 the following:
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JOURNAL OF THE SENATE,
"Recording liens and mortgages and deeds, per page. . . . $1.50",
and inserting in lieu thereof the following:
"Recording liens and mortgages and deeds in counties with a population of 100,000 or more, according to the latest United States Decennial Census or any future such census, per page. . . . $1.50
Recording liens and mortgages and deeds in counties with a population of less than 100,000, according to the latest United States Decennial Census or any future such census, per page. . . . $2.00".
On the adoption of the amendment to the committee substitute, the ayes were 37, nays 2, and the amendment was adopted.
On the adoption of the committee substitute as amended, the ayes were 37, nays 2, 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 37, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Padgett of the 23rd gave notice that at the proper time he would move that the Senate reconsider its action on the following bill of the Senate:
SB 65. By Senator Searcey of the 2nd:
A bill to amend an Act approved March 31, 1967, and incorporated in the Acts of the General Assembly of the State of Gorgia as "The Geor gia Legislative Retirement System, Act. No. 128, so as to amend an Act creating 'The Georgia Legislative Retirement System'," so as to provide that persons with 20 or more years of service shall become members upon reaching the age of 65; 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 155. By Senator Holley of the 22nd:
A bill to amend Code Section 13-2013, relating to the limit a bank is allowed to lend to any one person, firm or corporation, as amended, so
FRIDAY, FEBRUARY 28, 1969
701
as to remove the limitation on the sale of federal or correspondent funds to qualified depositories; to provide for an effective date; 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 38, nays 4.
The bill, having received the requisite constitutional majority, was passed.
SB 198. By Senator Trippe of the 31st:
A bill to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of three years; to repeal conflicting laws; and for other purposes.
Senator Trippe of the 31st offered the following amendment:
Amend SB 198 by adding to the caption immediately after the word "banks" the words "and credit unions" and by adding in the second line of Section 1 immediately after the word "banks" the words "and credit unions" and by adding in Section 13-1505 immediately following the word "bank" or "banks" wherever the same appears the further words "and credit unions".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 202. By Senator Hensley of the 33rd:
A bill to amend Code Title 13 as the "Banking Law" of Georgia, so as to remove the provisions relating to private banks and bankers; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Hensley 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:
Adams of 5th Bateman Broun of the 46th Carter Chapman Coggin Doss Garrard
Hardy Hensley Holley Hudgins Miller Pennington Reeder Riley
Rowan Smalley Smith of 34th Spinks Stephens Trippe Tysinger Zipperer
Those voting in the negative were Senators:
Abney Andrews Brown of 47th Cox Dean
Eldridge Holloway
Johnson London Maclntyre McGill Noble Plunkett Reynolds
Scott Searcey Smith of 18th Starr Vann Ward Webb
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 24, nays 21.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Trippe of the 31st gave notice that at the proper time he would move that the Senate reconsider its action on SB 202.
SR 54. By Senators Tysinger of the 41st, Walling of the 42nd, Maclntyre of the 40th and many others:
A resolution relating to maintenance and repairs of the Expressway System in the metropolitan Atlanta area; and for other purposes.
FRIDAY, FEBRUARY 28, 1969
703
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
SR 75. By Senators Smalley of the 28th and Bateman of the 27th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide cer tain requirements in connection with laws pertaining to retirement and pension systems expending public funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution is hereby amended by adding at the end of Article III a new Section to be designated Section XII and to read as follows:
"Section XII
Paragraph I. Creation of Retirement or Pension Systems. No retirement or pension system expending public funds, by whatever name called, shall be created except one which limits retirement benefits to its members, including disability benefits, to the actu arial equivalent of the sum of: (1) the members' contribution for services rendered after the effective date of the Act creating such system; (2) a matching, but not necessarily equal, contribu tion to be paid by the State or its political subdivisions or other wise from public funds; and (3) the earnings on the foregoing contributions.
Paragraph II. Laws Increasing Accrued Liability of Retire ment and Pension Systems. No law shall be enacted which would increase the accrued liability of any retirement or pension system expending public funds, by whatever name called, unless every member of such system has the same opportunity to benefit pro portionately from such law.
Paragraph III. Laws Amending Retirement and Pension Sys tems. No law amending any retirement or pension system expend ing public funds, by whatever name called, whether heretofore or hereafter created by law, shall allow credit for any prior service whether in the same or any other position except the member pay
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JOURNAL OF THE SENATE,
both the employee and employer contribution needed to fund such prior service and the accrued liability thereunto appertaining."
Section 2. The above proposed amendment to the Constitution 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 require that retirement and pension systems expending public
) funds be actuarially sound and to limit amendments which would increase benefits in existing retirement systems?
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 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:
Abney Andrews Bateman Broun of 46th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley Holley
Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Stair Stephens Trippe Tysinger Vann Ward Webb Zipperer
Voting in the negative was Senator Adams of the 5th.
FRIDAY, FEBRUARY 28, 1969
705
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 9. By Mr. Harris of the 77th: A resolution compensating Mrs. Jessie L. Rust; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
706
JOURNAL OP THE SENATE,
HR 18. By Mr. Mauldin of the 12th:
A resolution compensating Miss Linda Deanne Morris; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 19. By Mr. Mauldin of the 12th: A resolution compensating Mr. Jimmy D. Bond; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
FRIDAY, FEBRUARY 28, 1969
707
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss
Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward
Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 20. By Mr. Smith of the 43rd:
A resolution compensating Mr. William B. Johnson; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th
Brown of 47th Carter Chapman Coggin Cox
Dean Doss Eldridge Garrard Hardy
708
Hensley Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett
JOURNAL OF THE SENATE,
Pennington Plunkett Reeder Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th
Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 34. By Messrs. Matthews, Fallin and Bostick of the 63rd: A resolution compensating Mr. C. F. Lewis; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th
Brown of 47th Carter Chapman
Coggin Cox
Dean Doss Eldridge Garrard Hardy
Hensley
Holley Holloway Hudgins Johnson London
Maclntyre McGill Miller
Noble Padgett
Pennington Plunkett Reeder Reynolds Riley
Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th
Spinks Starr Stephens
Trippe Tysinger
Vann Walling Ward Webb Zipperer
FRIDAY, FEBRUARY 28, 1969
709
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 40. By Mr. Moore of the 6th: A resolution compensating Mrs. Fred Rider; 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:
Abney Adams of 5th Andrews B a tertian Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre
McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
710
JOURNAL OF THE SENATE,
HR 53. By Mr. Phillips of the 50th:
A resolution compensating Mr. Herman Robinson and Mr. C. 0. Innis; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss
Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller
Noble Padgett Pennington Plunkett Reeder Reynolds Riley
Rowan
Scott Searcey Smalley
Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 54. By Mr. Joiner of the 35th:
A resolution compensating Mrs. Minnie Lee Atkinson; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
FRIDAY, FEBRUARY 28, 1969
711
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller
Noble Padgett Pennington Plunkett
Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 85. By Mr. Lowrey of the 9th: A resolution compensating the Ransom Floral Company; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter
Chapman Coggin Cox
Dean Doss Eldridge Garrard
Hardy Hensley Holley Holloway Hudgins Johnson London
712
Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
JOURNAL OF THE SENATE,
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr
Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 89. By Mr. Graves of the 9th:
A resolution compensating Mr. Robert Lee Baldwin; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th
Brown of 47th Carter Chapman
Coggin Cox
Dean Doss
Eldridge Garrard Hardy
Hensley
Holley Holloway Hudgins Johnson London
Maclntyre McGill Miller
Noble Padgett
Pennington Plunkett
Reeder Reynolds Riley
Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th
Spinks Starr Stephens
Trippe Tysinger
Vann Walling
Ward Webb Zipperer
FRIDAY, FEBRUARY 28, 1969
713
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 93. By Mr. Dorminy of the 48th: A resolution compensating Mr. K. W. Justice; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
714
JOURNAL OF THE SENATE,
HR 111. By Mr. Dixon of the 65th: A resolution compensating Clyde Perdie 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:
Abney Adams of 5th Andrews Bateman
Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy
Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley
Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 112. By Mr. Mauldin of the 12th: A resolution compensating Mr. Travis Parson; 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 28, 1969
715
Those voting in the affirmative were Senators:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Scott Searcey
Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward
Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 114. By Mr. Carter of the 6th:
A resolution compensating Mr. Joe Jackson Chitwood; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th
Carter
Chapman Coggin Cox Dean Doss Eldridge
Garrard
Hardy Hensley Holley Holloway Hudgins Johnson
London
716
Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
JOURNAL OP THE SENATE,
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr
Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 121. By Mr. Reaves of the 71st: A resolution compensating Mr. J. C. Sapp; 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:
Abney Adams of 5th
Andrews Bateman Broun of 46th Brown of 47th
Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Soctt Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
FRIDAY, FEBRUARY 28, 1969
717
The resolution, having received the requisite constitutional majority, was adopted.
HR 132. By Messrs. Brown and Melton of the 32nd:
A resolution compensating Mr. Idus Eugene Sanders; 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:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley
Holley Holloway Hudgins Johnson London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Ty singer Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Coggin of the 35th moved that the Senate do now adjourn until 10:00 o'clock Monday morning, and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock Monday morning.
718
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia,
Monday, March 3, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th reported that the journal of Friday's proceedings had been read and found correct.
Senator Jackson of the 16th asked unanimous consent to address the Senate under personal privilege. The consent was granted.
From the well of the Senate Senator Jackson stated that it was regrettable that several Senators had failed to be recorded on sixteen roll calls on the previous legislative day because the Lt. Governor and the President Pro Tern had advised members of the Senate that these roll calls on compensation resolutions would not be called for adoption on February 28th.
Senator Jackson further stated that although it did not affect him per sonally in his sovereign district, it might politically hurt some of the other Senators who were misled.
The Lt. Governor then stated to the Senate that on Thursday, February 27th, he stated from the rostrum that the sixteen compensation resolutions would be placed before the Senate for adoption on February 28th and that he had at no time stated anything to the contrary.
Senator Padgett of the 23rd moved that the Senate reconsider its action in passing the following bill of the Senate on Friday:
SB 65. By Senator Searcey of the 2nd:
A bill to amend an Act approved March 31, 1967, and incorporated in the Acts of the General Assembly of the State of Georgia as that "The Georgia Legislative Retirement System," Act No. 128, so as to amend an Act Creating "The Georgia Legislative Retirement System," so as to provide that persons with 20 or more years of service shall become members upon reaching the age of 65; and for other purposes.
On the motion to reconsider, Senator Andrews of the 49th called for the ayes and nays, and the call was sustained.
MONDAY, MARCH 3, 1969
719
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams of 5th Brown of 47th Coggin Cox Fincher of 51st Fincher of 54th Gillis Hill
Holley Holloway Hudgins Jackson Kennedy London McGill Noble
Padgett Riley Scott Smith of 18th Starr Ward Webb Zipperer
Those voting in the negative were Senators:
Abney Adams of 26th Andrews Bateman Carter Chapman Dean Doss Eldridge
Garrard Hardy Hensley Miller Plunkett Reeder Reynolds Rowan Searcey
Smalley Smith of 34th Stephens Trippe Tysinger Vann Walling Young
By unanimous consent, verification of the roll call was dispensed with.
On the motion to reconsider, the ayes were 24, nays 26, and the motion to reconsider SB 65 was lost.
Senator Trippe of the 31st moved that the Senate reconsider its action on Friday on the following bill of the Senate:
SB 202. By Senator Hensley of the 33rd:
A bill to amend Code Title 13 known as the "Banking Law" of Georgia, so as to remove the provisions relating to private banks and bankers; to repeal conflicting laws; and for other purposes.
On the motion to reconsider, the ayes were 25, nays 19.
The motion prevailed, and SB 202 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
720
JOURNAL OF THE SENATE,
Senator Pennington of the 45th asked unanimous consent that the following be inserted in the journal:
Due to an appearance at a conference in the Department of Agri culture, State Capitol, Tallahassee, Florida and attending a meeting of the State of Florida House Agriculture Committee, I could not be present on the floor of the Senate on Monday, March 3, 1969.
The consent was granted.
Senator Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the nurse of the day, Miss Geneva Hilton.
Scripture reading and prayer were offered by the Reverend A. Ray Adams, pastor, First Methodist Church, Nashville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
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, to-wit:
HB 615. By Messrs. Gunter and Moore of the 6th: A bill to amend an Act incorporating the Town of Alto, so as to au thorize the Mayor and Council of the Town of Alto to levy a tax of not
MONDAY, MARCH 3, 1969
721
more than 20 mills on all property within the corporate limits of said town; and for other purposes.
HB 619. By Messrs. Bennett, Reaves and Barfield of the 71st:
A bill to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, so as to alter the corporate limits; and for other purposes.
HB 621. By Messrs. Connell and Dent of the 79th, Miles, Maxwell and Simkins of the 78th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; to change the time during which notification of candidacy shall be filed; and for other purposes.
HB 622. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act providing an annual salary for the treasurer of Haralson County, so as to authorize the treasurer to direct the county commissioner to pay any part of his salary as treasurer to employees in his office; and for other purposes.
HB 623. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and ordinary of Haral son County; and for other purposes.
HB 624. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the salary of the county commissioner of Haralson County; and for other purposes.
HB 625. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to provide that the sheriff shall have the authority to place orders for the purchase of certain supplies, equipment and materials; and for other purposes.
HB 628. By Messrs. Adams of the 100th, Brantley of the 114th, Gates, Horton, Hawes, Cook and Pelton of the 95th, Ezzard of the 102nd and others:
A bill to amend an Act creating a Civil Service Board in Fulton County, so as to change the compensation of members of the said Civil Service Board; and for other purposes.
722
JOURNAL OP THE SENATE,
HB 631. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
HB 632. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
HB 633. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Davis of the 86th:
A bill to amend the Act creating the Board of Commissioners of Muscogee County to empower the Commissioners of Muscogee County to enact ordinances for policing of the public property, streets, and roads of said County, and the Muscogee County Airport; and for other purposes.
HB 634. By Mr. Brooks of the 17th:
A bill to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.
HB 334. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A bill to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and dis charge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
HB 336. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A bill to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, so as to authorize said Department to also transport Georgia veterans to, from, and between facilities oper ated by the Veterans Service Board for the care and treatment of veterans; and for other purposes.
HB 433. By Messrs. Barber of the 15th, Russell and Keyton of the 70th, and Smith of the 43rd:
A bill to amend an Act creating the Georgia Higher Education Assist ance Corporation, so as to increase the surety bond required of the Executive Director of the corporation; to authorize the Board to defer repayment of certain loans; and for other purposes.
MONDAY, MARCH 3, 1969
723
HR 128. By Mr. Paris of the 14th:
A resolution authorizing the Governor, on behalf of the State of Georgia, to convey to Plantation Pipe Line Company, an easement for right-ofway purposes for a petroleum products pipeline across certain lands of Fort Yargo State Park in Barrow County, Georgia; and for other purposes.
HR 178. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd: A resolution authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and interest which the State possesses in a certain tract of land; and for other purposes.
HR 199. By Messrs. Dodson of the 82nd, Knapp, Evans and Pinkston of the 81st: A resolution authorizing the Governor to convey an easement to the Macon-Bibb County Hospital Authority and empowering the Governor to execute an appropriate instrument of conveyance; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 47. By Mr. Geisinger of the 72nd: A bill to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper au thorities to release the criminal accused or defendant on a bond signed by any responsible resident of the county, etc; and for other purposes.
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
HR 222. By Messrs. Ware of the 30th, Floyd of the 7th, Gignilliat of the 89th, Dean of the 19th, Russell of the 70th, Wood of the llth, and others:
A resolution authorizing the placing of a "Flame of Freedom" on the grounds of the State Capitol by the American Legion, Department of Georgia, in commemoration of the 50th anniversary of The American Legion; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
724
JOURNAL OP THE SENATE,
HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Adams of the 100th, Townsend of the 115th, Daugherty of the 109th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to de lete therefrom all references to non-partisan primaries; and for other purposes.
HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Mat thews and Pallin of the 63rd, Russell and Keyton of the 70th:
A bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
HB 572. By Mr. Connell of the 79th:
A bill to provide that a law enforcement officer may arrest persons ac cused of violating any law or ordinance governing the operation, li censing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 30. By Mr. Levitas of the 77th:
A bill to amend an Act creating the Legislative Services Committee and Code Revision Council, so as to change the composition of the Code Re vision Council; and for other purposes.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. DeLong of the 80th, Maxwell of the 78th, and Sims of the 106th.
MONDAY, MARCH 3, 1969
725
The following bills were introduced, read the first time, and referred to com mittees :
SB 223. By Senator Rowan of the 8th:
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, oper ation and sick leave expenses not otherwise provided in said Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 224. By Senator Carter of the 14th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the par ticipation by the State government and local governments in the cost of the Minimum Foundation Program of Education; to repeal conflicting: laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 225. By Senator Kidd of the 25th:
A bill to provide that any person, firm or corporation that makes re pairs to any dwelling or building and the cost of such repairs is wholly or partially covered by insurance shall be compensated directly for the cost of such repairs by the insurance company insuring such dwellingor building; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 226. By Senators Trippe of the 31st and Adams of the 5th:
A bill to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
SB 227. By Senator Smith of the 34th:
A bill to provide that it shall be unlawful for any person to hunt deer in this State unless he shall wear some article of clothing above the waist clearly visible from both front and rear which shall be bright red or orange in color; to provide for penalties; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
726
JOURNAL OF THE SENATE,
SB 228. By Senator Spinks of the 9th:
A bill to create the Camden Recreation Authority as an instrumentality of the State; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 229. By Senator Spinks of the 9th:
A bill to create Camden Recreation Commission as a commission and agency of the State Government; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 230. By Senator Spinks of the 9th:
A bill to provide for and authorize the governing authorities of coun ties having a population between 9,750 and 10,000 according to the U. S. Census of 1960 or any subsequent U. S. Census to pass and adopt zoning and planning laws whereby such counties may be zoned or dis tricted for various uses and other or different uses prohibited therein, and regulating the plans for development and improvements on real estate therein; and for other purposes.
Referred to Committee on Banking and Finance.
SB 231. By Senator Spinks of the 9th:
A bill to provide for the construction of welcome centers at or near the entrance of Federal highways into this State; to repeal a specific law; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
SB 232. By Senator London of the 50th:
A bill to create a Board of Commissioners of Rabun County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions were read the first time and referred to committees:
HB 163. By Mr. Alexander of the 108th:
A bill to amend Code Section 38-2111, relating to the refusal to make discovery and the consequences thereof, so as to provide for reasonable
MONDAY, MARCH 3, 1969
727
attorneys' fees for delay in answering interrogatories under certain cir cumstances; and for other purposes.
Referred to Committee on Judiciary.
HB 334. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A bill to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and dis charge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 336. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A bill to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, so as to authorize said Department to also transport Georgia veterans to, from and between facilities operated by the Veterans Service Board for the care and treatment of veterans; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 433. By Messrs. Barber of the 15th, Russell and Keyton of the 70th and Smith of the 43rd:
A bill to amend an Act creating the Georgia Higher Education Assist ance Corporation, so as to increase the surety bond required of the Executive Director of the corporation; to authorize the Board to defer repayment of certain loans; and for other purposes.
Referred to Committee on University System.
HB 615. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act incorporating the Town of Alto, so as to au thorize the Mayor and Council of the Town of Alto to levy a tax of not more than 20 mills on all property within the corporate limits of said town; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 619. By Messrs. Bennett, Reaves and Barfield of the 71st:
A bill to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, so as to alter the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.
728
JOURNAL OP THE SENATE,
HB 621. By Messrs. Connell and Dent of the 79th, Miles of the 7t8h and others:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; to change the time during which notification of candidacy shall be filed; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 622. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act providing an annual salary for the treasurer of Haralson County, so as to authorize the treasurer to direct the county commissioner to pay any part of his salary as treasurer to em ployees in his office; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 623. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system and compensa tion, so as to change the compensation of the sheriff and ordinary of Haralson County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 624. By Messrs. Murphy and Dean of the 19th: A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the salary of the county commis sioner of Haralson County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 625. By Messrs. Snow, Hale and Crowe of the 1st: A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to provide that the sheriff shall have the authority to place orders for the purchase of certain supplies, equipment and materials; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 628. By Messrs. Adams of the 100th, Brantley of the 114th, Gates of the 95th and others:
A bill to amend an Act creating a Civil Service Board in Fulton County, so as to change the compensation of the members of said Civil Service Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
MONDAY, MARCH 3, 1969
729
HB 631. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 632. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 633. By Messrs. Jones, Pickard and Buck of the 84th and others:
A bill to amend the Act creating the Board of Commissioners of Muscogee County to empower the Commissioners of Muscogee County to enact ordinances for the policing of the public property, streets, and roads of said County, and the Muscogee County Airport; and for other purposes.
Beferred to Committee on County and Urban Affairs.
HB 634. By Mr. Brooks of the 17th:
A bill to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 128. By Mr. Paris of the 14th:
A resolution authorizing the Governor, on behalf of the State of Georgia, to convey to Plantation Pipe Line Company, an easement for right-ofway purposes for a petroleum products pipeline or pipeline across certain lands of Port Yargo State Park in Barrow County, Georgia; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HR 178. By Messrs. Dodson of the 82nd, Scarborough and Pinkston of the 81st and others:
A resolution authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and interest which the State possesses in a certain tract of land; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
730
JOURNAL OF THE SENATE,
HE 199. By Messrs. Dodson of the 82nd, Knapp, Evans and Pinkston of the 81st:
A resolution authorizing the Governor to convey an easement to MaconBibb County Hospital Authority and empowering the Governor to exe cute an appropriate instrument of conveyance; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government,
HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Adams of the 100th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to de lete therefrom all references to non-partisan primaries; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd and Russell and Keyton of the 70th:
A bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
Referred to Committee on Judiciary.
HR 222. By Messrs. Ware of the 30th, Floyd of the 7th, Gignilliat of the 89th, Dean of the 19th and others:
A resolution authorizing the placing of a "Flame of Freedom" on the grounds of the State Capitol by The American Legion, Department of Georgia, in commemoration of the 50th Anniversary of The American Legion; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 572. By Mr. Connell of the 79th:
A bill to provide that a law enforcement officer may arrest persons ac cused of violating any law or ordinance governing the operation, licens ing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
The following bills and resolutions were read the second time:
MONDAY, MARCH 3, 1969
731
SB 216. By Senator Smith of the 18th:
A bill to designate and establish the State Court of Houston County; to provide for the manner and method of the correction of errors; and for other purposes.
SB 217. By Senator Johnson of the 38th:
A bill to amend Chap. 68 (Motor Vehicles) of the Code of Georgia of 1933 so as to require the payment of a fee of $1.00 for the transfer of licenses and tags of motor vehicles from one person to another, and to authorize county tax agents making said transfers to retain 50$ of each fee of $1.00 collected; to repeal conflicting laws; and for other purposes.
SB 218. By Senator Johnson of the 38th:
A bill to amend an Act entitled "Motor Vehicle Certificate of Title Act" approved March 3, 1961, so as to authorize county tag agents to retain a fee of 500 for each application handled in all counties of the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 219. By Senators Johnson of the 38th and Stephens of the 36th:
A bill to amend an Act relative to the issuance of motor vehicle license plates in counties, so as to increase the fee to be retained by the agent; and for other purposes.
SB 220. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the city of Lawrenceville, Georgia, so as to redefine the City Limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.
SB 221. By Senators Smith of the 34th and Abney of the 53rd:
A bill to amend an Act fixing the salaries of the Judges of the Superior Courts, so as to place a limitation upon the compensation which may be received by a Judge of the Superior Court; to repeal conflicting laws; and for other purposes.
SB 222. By Senator Holloway of the 12th:
A bill relating to establishment of a FAIR Plan to make essential proper ty insurance available to all qualified applicants; to repeal conflicting laws; and for other purposes.
732
JOURNAL OF THE SENATE,
SR 84. By Senator Kidd of the 25th:
A resolution urging the Georgia Real Estate Investment Board to recommend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.
SR 86. By Senators Bateman of the 27th, Gillis of the 20th and Plunkett of the 30th: A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to provide by law for grants or scholar ships to citizens of Georgia who are students attending colleges or uni versities which are not branches of the University System of Georgia; to provide for the submission of this amendment for ratification or re jection ; and for other purposes.
HB 108. By Mr. Adams of the 100th: A bill to provide for increased pension benefits for policemen and firemen, widows and minor children of the same in certain counties (population in excess of 300,000); and for other purposes.
HB 251. By Mr. Bostick of the 63rd: A bill to amend an Act creating a Board of Commissioners of Roadsand Revenues of Tift County, so as to change the salary of the Chair man and Vice-Chairman; and for other purposes.
HB 283. By Mr. Cole of the 3rd: A bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners, so as to make it lawful for certain persons to continue to be employed by Whitfield County irrespective of relation ship to any Member of said Board; and for other purposes.
HB 396. By Messrs. Pickard, Jones and Buck of the 84th and others: A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the pro cedures and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be au thorized and regulated by certain counties and municipalities; and for other purposes.
HB 436. By Mr. Vaughn of the 74th: A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority
MONDAY, MARCH 3, 1969
733
heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or re define certain words and terms used in the Act; to authorize the Au thority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
HB 442. By Mr. Salem of the 51st:
A bill to amend an Act creating a five man Board of Commissioners of Roads and Revenue for Toombs County, so as to provide that the said Commissioners may contract with or employ a person who is related to any member within the third degree either by blood or marriage for work to be done on the public roads, bridges, etc.; and for other purposes.
HB 443. By Mr. Salem of the 51st:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court, the Ordinary, the Tax Receiver of Toombs County, and providing in lieu thereof salaries for each of these officers, so as to change the compensation of the Tax Receiver and to provide that the said Tax Receiver shall not have the authority to appoint deputies, clerks, assistants or other personnel; and for other purposes.
HB 500. By Mr. Smith of the 43rd:
A bill to amend an Act incorporating the City of Swainsboro, so as to provide for a four-year term for the Mayor of the City of Swains boro; and for other purposes.
HB 501. By Mr. Smith of the 43rd:
A bill to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, so as to provide for four-year terms for the members of the board; and for other purposes.
HB 515. By Messrs. Lane of the 101st, Horton and Hawes of the 95th and others:
A bill to amend an Act establishing a new charter for the City of Col lege Park, so as to set the procedure for naming Judge pro tern of the City Court; and for other purposes.
HB 546. By Messrs. Lane of the 101st, Horton and Pelton of the 95th and others:
A bill to amend an Act establishing a new charter for the City of Col lege Park, so as to provide that all zoning and planning laws shall be governed by the general laws of the State; and for other purposes.
734
JOURNAL OF THE SENATE,
HB 580. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A bill to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty county upon an annual salary, so as to change the compensation of the sheriff and the clerk of the superior courts; and for other purposes.
HB 581. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st: A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of Tax Commissioner of Dougherty County, so as to change the compensation of the tax commissioner; and for other purposes.
HB 582. By Messrs. Snow, Crowe and Hale of the 1st and others: A bill to repeal an Act providing a supplement to the salary of the Judge of the Superior Court of the Lookout Mountain Judicial Circuit; and for other purposes.
HB 583. By Messrs. Snow, Crowe and Hale of the 1st: A bill to reincorporate the City of LaFayette in the County of Walker; and for other purposes.
HB 584. By Messrs. Williams, Cooper and Wood of the llth: A bill to incorporate and grant a charter for the City of Murrayville; and for other purposes.
HB 585. By Mr. Harrison of the 66th: A bill to provide for the election of the members of the Board of Edu cation of Charlton County; and for other purposes.
HB 588. By Messrs. Melton and Brown of the 32nd, Caldwell and Smith of the 39th: A bill to amend an Act providing a salary for the official court re porter of the Griffin Judicial Circuit, so as to provide additional com pensation to said court reporter; and for other purposes.
HB 591. By Messrs. Kreeger, Wilson, McDaniell and others of the 117th: A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to change the compensation of the judges and the clerk of said court; and for other purposes.
MONDAY, MARCH 3, 1969
735
HB 596. By Messrs. Rowland and Douglas of the 42nd:
A bill to provide a new charter for the Town of Scott in the County of Johnson; to provide for a mayor and council and other officers; and for other purposes.
HB 597. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the clerk of the superior court of Putnam County; and for other purposes.
HB 598. By Mr. Moate of the 28th:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensation of the Chairmen and members of the Board; and the Clerk of the Board; and for other purposes.
HB 599. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.
HB 600. By Mr. Moate of the 28th:
A bill to amend an Act consolidating the office of tax collector and tax receiver of Putnam County into the office of tax commissioner of Put nam County, so as to change the compensation of the tax commissioner; and for other purposes.
HB 601. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the ordinary of Putnam County; and for other purposes.
HB 604. By Messrs. Bostick and Fallin of the 63rd:
A bill to amend an Act creating a new Charter for the City of Tifton, so as to change the salary of the city manager; and for other purposes.
HR 133. By Mr. Rush of the 51st:
A resolution relative to protection of the Capitol Building and Grounds; and for other purposes.
736
JOURNAL OF THE SENATE,
HB 335. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A bill to amend the Code of Georgia, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain dis abled veterans shall be valid and binding; to provide that the deeds, security deeds and other conveyances of property to or by certain dis abled veterans shall be valid and binding; and for other purposes.
HB 168. By Messrs. Barber of the 15th, Russell of the 70th, and Smith of the 43rd:
A bill to create the Georgia Higher Education Assistance Authority; and for other purposes.
HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A bill to amend an Act creating the "Georgia Higher Education As sistance Committee", so as to confer upon the Committee additional powers; and for other purposes.
HB 319. By Mr. McClatchey of the 113th:
A bill to amend an Act known as the "Georgia Securities Act", so as to redefine insurance or endowment policies or annuity contracts or variable annuity contracts which shall not constitute "Securities" as such term is used in the Georgia Securities Act; and for other pur poses.
HB 320. By Mr. McClatchey of the 113th:
A bill to amend Title 56 of the Code of Georgia, relating to the regula tion of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts; and for other purposes.
The following communication from His Excellency, Governor Lester Maddox, was received, and read by the secretary:
MONDAY, MARCH 3, 1969
737
EXECUTIVE DEPARTMENT Atlanta
February 28, 1969
Honorable George T. Smith Lieutenant Governor (President of the Senate)
and Honorable Geo. L. Smith II Speaker of the House of Representatives
and All members of the General Assembly State Capitol Atlanta, Georgia
Dear Ladies and Gentlemen:
Pursuant to the provisions of Code Chapter 91-5, this is to inform you that the State of Georgia has acquired a parcel of land in Lowndes County, Georgia, as highest bidder at public auction under a levy and execution by the State Highway Department. Said levy and execution arose out of a Deficiency Judgment on a condemnation case on Interstate Highway No. 1-75 of the National System of Interstate and Defense Highways in Lowndes County, some being the property formerly owned by Mrs. Chrystelle Hall. The Highway Department had to make the high bid ($10,582.29--the amount of the State's Deficiency Judgment) in order to adequately protect the State's interest in the same. Title to said property was taken in the name of Lester G. Maddox, Governor of the State of Georgia, and his successors in office, as required by law.
The Sheriff's Deed dated the 18th day of December, 1968, and sup porting documents conveying said parcel of land to Lester G. Maddox, Governor of the State of Georgia, and his successors in office, are re corded in Deed Book 148, pages 56, 57, 58, 59, 60, 61, 62 and 63 of the Deed Records of Lowndes County, Georgia and the same have been filed with the Secretary of State.
Respectfully,
LM:jc
/s/ Lester Maddox Governor
The following report of a standing committee was read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me,
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as Chairman, to report the same back to the Senate with the following recom mendations :
SB 55. Do pass. SB 213. Do pass. HB 204. Do pass. HB 254. Do pass. HB 200. Do pass. HB 292. Do pass. HB 308. Do pass. HB 395. Do pass. HB 405. Do pass. HB 427. Do pass. HB 450. Do pass. HB 477. Do pass. HB 503. Do pass. HB 504. Do pass. HB 506. Do pass. HB 508. Do pass. HB 512. Do pass. HB 516. Do pass. HB 520. Do pass. HB 526. Do pass. HB 530. Do pass. HB 535. Do pass. HB 541. Do pass. HB 552. Do pass as amended. HB 555. Do pass. HB 556. Do pass. HB 574. Do pass. HE 143. Do pass.
Respectfully submitted, Maclntyre of the 40th District, Chairman.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
MONDAY, MARCH 3, 1969
739
SB 23. 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; to provide for severability; to repeal conflicting laws; and for other purposes.
The Committee on Educational Matters offered the following substitute:
A BILL
To be entitled an Act to provide tenure for teachers and other pro fessional personnel of local school systems; to provide for a short title; to provide for exceptions; to provide for definitions; to provide for the time of employment in a local school system in order to come within the scope of the tenure coverage; to provide for the transfer from one system to another system; to provide for a probationary period in the event a teacher changes his professional certificated position and for reversion to tenure status in the event of termination; to provide for a probationary period; to provide for a method of dismissal; to provide for a hearing of charges in a proposed dismissal action; to provide for a method of appeal; to provide for a method of removing charges from the permanent record of an employee; to provide for dismissal due to a decrease in student enrollment or other conditions beyond the control of the local board; to provide for the effect of breaching a contract; to provide for leaves of absence; to provide for maximum tenure age; to provide for exclusions; to provide for the adoptions of rules and regula tions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short title. This Act shall be known and may be cited as "The Teacher Tenure Act."
Section 2. Persons covered by tenure. All professionally certified teachers and all other certificated professional personnel as defined by the State Board of Education, excluding school system superintendents, who are employed in the local school systems of this State shall be eli gible for tenure as hereinafter provided.
Section 3. Definitions. Unless clearly indicated otherwise by the context, the following words, when used in this Act, for the purposes of this Act, shall have the meanings respectively ascribed to them in this Section:
(a) The word "teacher" means any professionally certificated person up to the rank of, but not to include, superintendent, who is employed by a local school system of Georgia.
(b) The words "local school system" mean county, indepen dent and area public school systems of this State now or hereafter established pursuant to the provisions of law.
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(c) The word "termination" means separation of probationary personnel by the local board at the end of the annual contract period.
(d) The word "dismissal" means separation of a probationary teacher during the contract year or separation of a tenure teacher at any time.
(e) The words "academic year" mean that portion of the year during which the public schools of the State are in regular ses sion or that the teacher is required to be on duty.
(f) The word "probation" means a contract status enjoyed by a teacher for a period of time when he is on trial with less than tenure status. A provisionally certified teacher may serve in a probationary status, but may not be elected to tenure without pro fessional certification.
(g) The words "annual contract" mean an original written offer and acceptance of employment for one year at a given an nual salary under written conditions contained in the contract and subject to the provisions of the statutes and the rules and regula tions of the State and local boards of education.
(h) The word "tenure" means the contract status enjoyed by a teacher on a continuing basis.
(i) The word "cause" means that a teacher may be dismissed for incompentency, inefficiency, physical or mental disability, con duct involving moral turpitude, neglect of duty, insubordination or failure to carry out the competent directions of superiors or the mandates of the rules of the State or local boards of education, ad vocacy of the overthrow of the local, State or Federal government by acts of violence, or other good and sufficient reasons.
Section 4. Tenure; eligibility. All personnel of the local school sys tems of Georgia who come within the scope of the coverage of this Act shall have tenure status after they complete three successive satisfactory academic years in a local school system. A tenure teacher, transferring from one system to another, shall not have tenure status in the new system, but shall be granted tenure status by the local board of the new system after completing three satisfactory academic years in such
system.
In the event a tenure teacher changes his professional certificated position within a local system, he shall revert to probationary status for three years in the new position, at the end of which time he shall be elected to tenure status in the new position. Provided, however, nothing contained herein shall in any way affect the original tenure status of such teacher in his original position, and in the event of termination in such new position, the teacher shall revert to tenure status in his original
position.
MONDAY, MARCH 3, 1969
741
Section 5. (a) Probationary Period.
(1) Status. A teacher as defined in this Act shall be on an an nual contract basis during probation.
(2) Termination. In each of the three probationary years if a teacher is not to be continued after the termination of his annual contract, original or renewal, the teacher, on or before April 15, shall be given written notice that he will not be recommended for reelection to the second or third year of probation or to tenure status. Written cause may extend probation period two years. Separations arising under said notice shall not give cause for hear ing or appeal.
If such notice is not given in writing on or before April 15, the teacher shall be deemed to be reelected.
(3) Dismissal. Dismissal of a teacher in a probationary status shall be accomplished during the contract period only through writ ten notice of specific charges with right of hearing before the local board of education, and with right of appeal to the State Board of Education.
(b) Tenure Period. A tenure teacher may be dismissed for cause upon recommendation of the superintendent with written notice of specific charges thirty days before the proposed action, with right of public hearing before the local board upon written request within ten days of receipt of notice. Said hearing shall be held within thirty days of the receipt of the request for the hearing, and with right of appeal to the State Board of Education. If, at any final level of jurisdiction, the defendant teacher is exonerated, the charges shall be expunged from his official record and the teacher shall be compensated for his suspended time.
Section 6. Staff Reductions. Nothing in the foregoing provisions shall be construed as preventing a local board from separating an em ployee from the school system due to a decrease in student enrollment, because of unavailability of funds which dictate to reduction of staff, or because of discontinuation of any program or other conditions be yond the control of the local board of education, provided that in staff reduction, for any reason, the local board gives preferential considera*tion in continued employment to the qualified and certificated members of the staff who have seniority.
Section 7. Effect of Breaching Contract. Any probationary teach er who breaches his contract after July 1 of any year without a release in writing from his superintendent shall lose any accrued time on pro bation and shall be subject to license denial or revocation as provided in the "Minimum Foundation Program of Education Act" approved Janu ary 24, 1964 (Ga. Laws 1964, p. 3), as now or hereafter amended. Any tenure teacher who breaches his contract after July 1 of any year with out a release in writing from his superintendent shall lose his tenure status, shall be subject to license denial or revocation, as provided in the "Minimum Foundation Program of Education Act" approved Janu-
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ary 24, 1964 (Ga. Laws 1964, p. 3), as now or hereafter amended, and shall be required again to serve his full probationary period before being elected to tenure status.
Section 8. Leaves of Absence. Leaves of absence, including, but not limited to, annual, sick, maternity, professional and military leave shall be established by local board policy. The board shall annually pub lish its policy relative to leaves of absence and furnish each teacher with a copy. Amendments to the policy relative to leaves of absence shall be published and furnished to each teacher within thirty days after adoption by the local board. When a leave of absence is requested of a local board, the local superintendent shall notify the teacher in writing that his request has been approved or denied. All requests for leaves of absence shall be in writing.
Section 9. Maximum Tenure Age. The maximum tenure age of a teacher shall be the same as the age defined in the Teacher Retirement Act as permissive retirement age without penalty. After attaining maxi mum tenure age, a teacher shall revert to annual contract status.
Section 10. Exclusions. The provisions of this Act shall not apply to employees covered by the State Merit System of Personnel Ad ministration, or to school personnel of any school system who are covered under the provisions of a special or local tenure law. Provided, however, that upon petition by a majority of the members of any such system, all eligible school personnel of such system shall be included under the provisions of this Act.
Section 11. Suspension. Nothing contained in this Act shall be construed so as to infringe upon the power of a local superintendent or local board to suspend a teacher for cause as provided by law.
Section 12. Rules and Regulations. The State Board of Education shall promulgate such rules and regulations as may be necessary to ef fectuate the purposes of this Act.
Section 13. Effective Date. The provisions of this Act shall be come effective September 1, 1969, and shall apply to the academic year of 1969-70 and thereafter.
Section 14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Garrard of the 37th offered the following amendment to the com mittee substitute to SB 23:
Amend committee substitute by adding in Section 2, on line one of page 2, after the word, "superintendents," the following: "who are elected,"
On the adoption of the amendment to the committee substitute, the ayes were 28, nays 2, and the amendment was adopted.
MONDAY, MARCH 3, 1969
743
On the adoption of the committee substitute as amended, Senator Chapman of the 32nd 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:
Abney Andrews Broun of 46th Chapman Doss Fincher of 54th Garrard
Hardy Hensley Johnson London Reynolds Riley Searcey
Smalley Smith of 18th Stephens Walling Ward Zipperer
Those voting in the negative were Senators:
Adams of 5th Adams of 26th Bateman Carter Coggin Cox Eldridge Fincher of 51st Hill
Holloway Jackson Kennedy Maclntyre McGill Miller Noble Plunkett
Reeder Rowan Scott Smith of 34th Starr Vann Webb Young
The roll call was verified.
On the adoption of the committee substitute as amended, the ayes were 20, nays 25, and the committee substitute was lost.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
Senator Fincher of the 51st moved that SB 23 be indefinitely postponed.
Senator Andrews of the 49th moved the previous question.
The Chair ruled the motion of Senator Andrews of the 49th take prece dence.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
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On the passage of the bill, Senator Chapman of the 32nd 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:
Andrews Broun of 46th Fincher of 54th
Johnson London Riley
Searcey Walling Ward
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Bateman Carter Chapman Coggin Cox Doss
Eldridge Fincher of 51st Garrard Gillis Hardy
Hensley Hill Holloway Hudgins Jackson Kennedy Maclntyre McGill Miller
Noble Padgett Plunkett Reeder Reynolds
Rowan Scott Smalley Smith of 18th Smith of 34th Starr Stephens Tysinger Vann
Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 9, nays 40.
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 23.
SB 85. By Senator Hensley of the 33rd:
A bill to amend Code Section 95-1504, as amended, to provide that State Highway Department is authorized to make regulations for installation, construction, maintenance, repair, renewal, removal, relo cation of pipes, mains, conduits, cables, wires, poles, towers, tracks, and
MONDAY, MARCH 3, 1969
745
other equipment of any public utility on, along, over or under any State Highway Project; to make violation a misdemeanor; to repeal conflicting laws; and for other purposes.
The Committee on Highways offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 95-1504, relating to the powers and duties of the State Highway Department, as amended by an Act approved December 11, 1953 (Ga. Laws 1953, Nov. Sess., p. 127), so as to provide that the State Highway Department is autho rized to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers and other equipment and appli ance of any public utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to undertake, or which has been completed by the Department pursuant to its authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 95-1504, relating to the powers and duties of the State Highway Department, as amended by an Act approved December 11, 1953 (Ga. Laws 1953, Nov. Sess., p. 127), is hereby amended by adding at the end thereof the following:
"The State Highway Department is authorized to make rea sonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers and other equipment and appliances of any public utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to under take, or which has been completed by the Department pursuant to its authority.",
so that when so amended, Code Section 95-1504 shall read as follows:
"95-1504. Control of highway work; designation of State-aid roads; funds.--The powers and duties of the State Highway De partment shall be as follows: to have charge and control of all road or highway work designated or provided for, or done by the State or upon the State-aid roads; to designate, improve, super vise, construct and maintain a system of State-aid roads; to have control, charge, and supervision of the expenditures of all funds appropriated or provided for highway or road work by the State, or which may be a part of the State-aid road fund; to provide for surveys, maps, specifications, and other things necessary in desig nating, supervising, locating, improving, constructing or main taining said State-aid roads, or such other public roads as provided for under Chapters 95-15 to 95-17; to secure consulting advisers
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in important technical matters, including the qualifications of tech nical employees; to employ clerical assistance and incur other ex penses, including necessary equipment and office rent; to pay the compensation and expenses of all officials and employees of the State Highway Department; and to provide for such other expenses as may come under, or be in harmony with the provisions of Chapters 95-15 to 95-17. The State Highway Department is autho rized to construct and maintain such main outlet canals and ditches as will in its discretion provide adequate drainage of roadbeds and bridges in this State. Local soil conservation districts shall co operate in such work and furnish engineering data, surveys, and assist in the supervision of construction. The State Highway De partment is authorized to make reasonable regulations for the in stallation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers and other equipment and appliances of any public utility in, on, along, over or under any project which the State Highway De partment has undertaken, agreed to undertake, or which has been completed by the Department pursuant to its authority."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the committee substitute, the ayes were 44, nays 1, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 40, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 94. By Senator Chapman of the 32nd:
A bill to provide that a stepparent shall be liable for the support and care of his stepchild; and for other purposes.
Senator Smalley of the 28th offered the following amendment:
Amend SB 94 by changing the period at the end of Section one to a semicolon and by adding the following:
"Provided this section shall apply only in cases where the stepparent has an annual income of at least $4200.00."
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747
On the adoption of the amendment, the ayes were 29, nays 13, and the amendment was adopted.
Senator Miller of the 43rd moved that the Senate reconsider its action on the amendment to SB 94.
On the motion, the ayes were 27, nays 9, and the motion prevailed.
Senator Walling of the 42nd moved that SB 94 be recommitted to the Committee on Health and Welfare.
On the motion to recommit, the ayes were 44, nays 1, and the motion pre vailed.
SB 166. By Senator Adams of the 26th:
A bill to amend Code Chapter 73-2, relating to the sale and inspection of petroleum products, as amended, so as to provide that all bulk stor age facilities or terminals must maintain a prover system whereby accuracy of self-measuring meters may be calibrated; 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 183. By Senator Webb of the llth:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Jan. 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to provide that local units of school administration may obtain competitive bids from vendors on standard items of school equipment, supplies, services or expenses, and may purchase such items from the vendor submitting the best bid therefor to the local unit only if the bid price of such vendor is less than the State bid price on such items; and for other purposes.
The Committee on Educational Matters offered the following amendment:
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Amend SB 183 by inserting in the first sentence of subsection (c) of Section 1 between the words "the bid price of such vendor is" and "less than the State bid price" the words "equal to or" and between, the words "State bid price" and "on such items" the words "and equal in quality" so that when amended Section 1 (c) will read as follows:
"(c) Local units of administration are free to obtain com petitive bids from vendors on such standard items by the State Board, and may purchase such items from the vendor submitting the best bid therefore to the local unit only if the bid price of such vendor is equal to or less in price to the State bid price and equal in quality on such items. The State Board shall prescribe regulations necessary for implementation and enforcement of pro visions of this Section and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase, distribution, use and maintenance as the case may be, of school equipment, supplies, services, and expenses, as may be designated by the State Board, whether or not State bid prices are obtained on such items."
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 120. By Senator Holloway of the 12th: A bill creating in each county or municipal corporation a Development Authority; providing for the membership thereof; to repeal conflicting laws; to provide for an effective date; and for other purposes.
Senator Holloway of the 12th offered the following amendment:
Amend SB 120, 8th line, 1st page, substitute a comma after the word "machinery" and strike the words "all utility"
2nd page, next to last line
Strike the word "supply"; last line, strike "of power and electricity, supply of gas"
MONDAY, MARCH 3, 1969
749
On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.
Senator Coggin of the 35th offered the following amendment:
Amend SB 120 as follows: By adding to the end of Section 10 the following:
"The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority."
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, was agreed to as amended.
On the passage of the bill, the ayes were 40, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
.SB 136. By Senator Broun of the 46th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, as amended, so as to provide that in all criminal cases in this State tried by jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to provide for 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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SECTION 1.
Title 27 of the Georgia Code relating to criminal procedures, as amended, is hereby amended by creating- a new code section to be designated 27-2503 to read as follows:
"27-2503. Pre-sentence hearings.
(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 convicted, or stand as if convicted, of the crime involved, and the judge shall sentence the defendant for such crime subject to the follow ing procedures and limitations.
In such case, the judge shall order a pre-sentence hearing which shall be held in open court. In such hearing, the judge, subject to the laws of evidence relating to competency of witnesses and admissibility of testimony, shall hear and receive additional evidence in extenuation and mitigation, as well as in aggravation of punishment, including the record of any prior criminal convictions, pleas of guilty or nolo con tendere of the defendant, properly certified or authenticated, or the absence of any such prior criminal record; provided, however, that only such evidence in aggravation as the State has furnished to the de fendant prior to his pleading shall be admissible. The judge also shall hear argument by the defendant or his counsel and the district attorney regarding the punishment to be imposed.
Upon conclusion of the evidence and argument, the judge shall impose such punishment as he deems appropriate, within the limits prescribed by law. Provided, however, the court shall not sentence a defendant to death without a trial by jury.
(a) When a jury is trying a felony case they shall, under proper instruction from the court, retire to consider a verdict of guilty or not guilty without any consideration of punishment. Where the jury returns a verdict of guilty, the court shall resume the trial and conduct a pre-sentence hearing at which the only issue shall be the determina tion of punishment to be imposed. In such hearing, subject to the laws of evidence relating to the competency of witnesses and the admissi bility of testimony, the jury shall hear additional evidence in extenua tion, mitigation, and aggravation of punishment, including the record of any prior criminal convictions, pleas of guilty or nolo contendere of the defendant, properly certified or authenticated, or the absence of any such prior criminal record; provided, however, that only such evidence in aggravation as the State has furnished to the defendant prior to his pleading shall be admissible. The jury also shall hear argu ment by the defendant or his counsel and the district attorney regard ing the punishment to be imposed. Upon the conclusion of the evi dence and arguments, the judge shall give the jury appropriate instruc tions and the jury shall retire to determine the punishment to be imposed. The jury shall fix a sentence within the limits prescribed by law. The judge shall impose the sentence fixed by the jury. If the jury
MONDAY, MARCH 3, 1969
751
cannot, within a reasonable time, agree on the punishment, the judge shall declare a mistrial and the trial of the defendant on the issue of guilt or innocence, as well as the pre-sentence hearing shall be a nullity.
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 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.
SB 164. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and many others:
A bill to amend Code Section 88-1719, relating to the registration of marriages and the disposition of applications for marriage licenses, so as to provide for additional copies of the application for a marriage license and the disposition thereof; to repeal conflicting laws; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 88-1719, relating to the registration of marriages and the disposition of copies of the mar riage licenses, so as to provide for additional copies of the marriage license and the disposition thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 88-1719, relating to the registration of marriages and the disposition of copies of the marriage licenses is hereby amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) In prescribing the form for a marriage license, the De partment shall require that the marriage license be prepared with
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JOURNAL OF THE SENATE,
sufficient copies so that in addition to the disposition of the copies of such license as provided above, the parties to the marriage may retain a copy thereof."
Section 2. The provisions of this Act shall become effective on July 1, 1969.
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 44, 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 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and others: A bill to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation, as amended, so as to provide that any taxpayer of any county who returned or paid taxes in such county for the preceding tax year who fails to return his property for taxation shall be deemed to have returned for taxation the same property at the same valuation as was returned in the preceding tax year; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend SB 165 by substituting for the words at the end of Sec tion 1 reading "acquired since the date of his last tax return" the words "failed to return for taxes on his previous return or property on which improvements have been made since his previous return."
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 ther bill, was agreed to as amended.
MONDAY, MARCH 3, 1969
753
On the passage of the bill, the ayes were 42, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 192. By Senators Doss of the 52nd, Smith of the 18th, Gillis of the 20th and others:
A bill to amend Code Section 92-6912, relating to the arbitration of tax assessments, so as to provide that the findings of the arbitrators, as to assessments, shall be binding until there are improvements made to the property which have the effect of raising its value, or until the State Revenue Commissioner may affect such findings and orders, or until there is a general revaluation of property in the county; to repeal conflicting laws; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 92-6912, relating to the arbitration of tax assessments, as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 387), so as to provide that the findings of the arbitrators, as to assessments, shall be binding until there are improvements made to the property which have the effect of raising its value, or until there are changes to the property or the surrounding area which have the effect of reducing the value of the property, or until the State Revenue Commissioner may affect such findings by his own findings and orders, or until there is a general revaluation of property in the county; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 92-6912, relating to the arbitration of tax assessments, as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 387), is hereby amended by striking:
", except as far as the same may be affected by the findings and orders of the State Revenue Commissioner as hereinafter pro vided.",
and by inserting in lieu thereof the following:
"and binding until there are improvements made to the prop erty which have the effect of raising its value, or until there are changes to the property or the surrounding area which have the
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effect of reducing the value of the property, or until the State Revenue Commissioner may affect such findings by his own find ings and orders, or until there is a general revaluation of property in the county.",
so that when so amended Code Section 92-6912 shall read as follows:
"92-6912. If any taxpayer is dissatisfied with the action of the
board, he may within 10 days from the giving of said notice in case of residents, and within 20 days in case of nonresidents of the county, give notice to the board that he demands an arbitra tion, giving at the same time the name of his arbitrator; the board shall name its arbitrator within three days thereafter and these two shall select a third, a majority of whom shall fix the assess ments and the property on which said taxpayer shall pay taxes, and said decision shall be final and binding until there are improve ments made to the property which have the effect of raising its value, or until there are changes to the property or the surround ing area which have the effect of reducing the value of the prop erty, or until the State Revenue Commissioner may affect such findings by his own findings and orders, or until there is a general revaluation of property in the county.
The said arbitrators shall be freeholders of the county and shall render their decision within 10 days from the date of the naming of the arbitrator by the board. In the event the two arbi trators provided for in this Section fail to name a third within 20 days after their appointment, he shall be named by the judge of the superior court of the county wherein the property lies. Before entering upon a hearing the arbitrators shall take an oath before the tax receiver or before the chairman of the board of local assessors, who is hereby authorized to administer oaths, that they will faithfully and impartially make a true and just assessment of the tax returns and property in question, and will determine the matters submitted to them, according to law and justice and the
equity of the case."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Smith of the 18th moved that SB 192 be postponed until Friday, March 7th.
On the motion, the ayes were 34, nays 0, and the motion prevailed.
SB 201. By Senator Jackson of the 16th:
A bill to create within the executive branch of government the Georgia Department of Water Resources; to provide the procedure connected with the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH S, 1969
755
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 201 by deleting the phrase "and/or" in Section 4, Sub section 5 and inserting in lieu thereof the phrase "and".
On the adoption of the amendment, the ayes were 29, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, Senator Jackson of the 16th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Andrews Broun of the 46th Brown of the 47th Carter Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard
Gillis Hardy Holley Holloway Hudgins Jackson Kennedy McGill Noble Reynolds Riley Rowan
Scott Smalley Smith of 18th Starr Trippe Tysinger Walling Ward Webb Young Zipperer
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Bateman Chapman Hensley
Hill Johnson London Maclntyre Miller Plunkett
Searcey Smith of 34th Stephens Vann
On the passage of the bill, the ayes were 35, nays 16.
By unanimous consent, verification of the roll call was dispensed with.
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The bill, having received the requisite constitutional majority, was passed as amended.
SR 53. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose tax able income for the immediately preceding tax year was less than $5,000; 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 VII, Section I of the Constitution is hereby amended by adding at the end of Section I a new Paragraph to be num bered Paragraph VI and to read as follows:
"Paragraph VI. There is hereby exempt from any and all ad valorem taxation for any purpose the homestead of each resident of the State of Georgia who is 65 years of age or older, if the homestead is actually occupied by such an owner as his residence and his taxable income, for State income tax purposes for the im mediately preceding tax year, was less than $5,000. The owner of such a homestead shall not receive the benefits of this exemp tion unless he shall apply therefor each year in accordance with the foregoing provisions of Paragraph IV relating to the applica tion for a homestead exemption of certain owners 65 years of age or older."
Section 2. The above proposed amendment to the Constitution 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 from any and all ad valorem taxation the homestead of each
) resident of the State of Georgia who is 65 years of age or older and whose taxable income for the immediately preceding tax year was less than $5,000?"
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".
MONDAY, MARCH 3, 1969
757
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
Senator Webb of the llth moved that SR 53 be recommitted to the Com mittee on Banking and Finance.
On the motion, the ayes were 37, nays 2, and the motion prevailed.
SR 60. By Senator Riley of the 1st: A resolution relative to a Foreign Trade Zone in the Port of Savannah, 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 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 51. By Mr. Paris of the 14th: A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
The Committee on Industry and Labor offered the following amendment: Amend HB 51 by striking in the title the following: "of June, July and August",
and inserting in lieu thereof the following: "in which they are on vacation from school,".
By striking from quoted Section 2A of Section 1 the following: "of June, July and August, a child fifteen years of age",
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and by inserting in lieu thereof the following:
"in which a child fifteen years of age is on vacation from school, he",
so that when so amended, quoted Section 2A shall read as follows:
"Section 2A. Notwithstanding any other provisions of this Act to the contrary, during the months in which a child fifteen years of age is on vacation from school, he may be engaged in any gainful employment which is not otherwise prohibited, if he shall present to his employer the certificate required by Section 7 of this Act, and a certificate from a physician licensed to prac tice medicine under the provisions of Code Chapter 84-9, that the child is physically able to accomplish the tasks for which he will be engaged during the course of his employment. This section shall not be construed so as to permit children fifteen years of age to be employed in occupations and activities which are prohibited other than by the provisions of this Act."
On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th, Potts of the 30th, Mrs. Merritt of the 46th and others:
A bill to provide for the registration and regulation of cemeteries; and for other purposes.
Senator Vann of the 10th offered the following amendment:
Amend HB 62 by striking the numeral "4" in the 3rd line of Sec tion 4 and inserting in lieu thereof the numeral "3".
On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.
MONDAY, MARCH 3, 1969
759
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 112. By Mr. Harris of the 77th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved Feb. 1, 1950, (Ga. L. 1950, p. 50), as amended, so as to provide for the increasing of death benefits in the amount of $500.00; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Tysinger of the 41st offered the following amendment:
Amend HB 112 by inserting on line 18 of page 3, following the word "Act", the following:
"together with interest thereon at the rate of eight (8%) per centum per annum from the date of such refund".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 118. By Mr. Vaughn of the 74th:
A bill to authorize the acquisition of property for rights-of-way, or con struction or maintenance of roads by the State Highway Department in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.
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The Committee on Highways offered the following amendment:
Amend HB 118: First, by adding to the caption of said bill the word "exchange" just after the word "lease" in the fifth line thereof.
Second, by striking the last sentence of Section 7 and substituting in lieu thereof the following language:
"When, in the opinion of the Department, changed conditions have made continued ownership by the Department of property ac quired for highway rights-of-way or maintenance or construction of roads no longer necessary for such purposes, the Department may sell such land at public sale; provided, that the original owner whose property had been so acquired by the exercise of eminent domain, or his successor in interest, shall have the first right to purchase such property at a price not in excess of that finally paid under the exercise of the power of eminent domain. When, in the opinion of the Department, it is desirable to exchange property acquired for such purposes for other property needed for highway purposes, the Department may make such exchange provided the other property is appraised at equal or greater value."
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Smalley of the 28th gave notice that at the proper time he would move that the Senate reconsider its action on HB 118.
HB 119. By Mr. Vaughn of the 74th:
A bill to amend Section 91-104, Code of Georgia of 1933, relating to the legal and beneficial ownership by the State of the property of the Highway Department, so as to provide that the proceeds of the manage ment of property acquired for future highway purposes are retained by the Highway Department; and for other purposes.
Senator Andrews of the 49th moved that HB 119 be recommitted to the Committee on Highways.
MONDAY, MARCH 3, 1969
761
On the motion, the ayes were 38, nays 2, and the motion prevailed.
HB 169. By Mr. Barher of the 15th:
A bill to amend an Act so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as provided in said Act in order to insure active membership, the Board of Trustees may approve in ad vance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years; and for other purposes.
Senator Andrews of the 49th moved that HB 169 be recommitted to the Committee on Retirement.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
HB 136. By Mr. Rowland of the 42nd:
A bill to amend an Act approved March 29, 1937, known as the "Unem ployment Compensation Law", (now the Employment Security Law), so as to extend the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.
Senator Holloway of the 12th offered the following amendment:
Amend HB 136 by striking the word "if" on the first line of Section 2 of page 2 of said bill and substituting in lieu thereof "is".
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 263. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide a procedure whereby a patient who is a legal resident of
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Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in 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 29, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 278. By Messrs. Lane of the 44th, Holder of the 49th and Hargrett of the 58th:
A bill to amend Chapter 84-9 of the Code of Georgia of 1933 relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st: A bill to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motor cycles; to provide that certain protective headgear and eye-protective devices must be worn by persons riding upon motorcycles; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 409 by inserting in the title, immediately before the phrase:
"to repeal conflicting laws"
MONDAY, MARCH 3, 1969
763
the following:
"to provide for penalties;"
And by striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. Any person who shall violate the provisions of this Act or any rule or regulation promulgated by the Director shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor."
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 418. By Messrs. Ballard of the 23rd, Sorrells of the 24th, Farmer and Mat thews of the 16th and others:
A bill to amend an Act providing for issuing special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering House Action thereto:
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HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
Senator Broun of the 46th moved that the Senate adhere to its amendment to HB 260, and that a Committee of Conference be appointed.
On the motion, the ayes were 29, nays 0, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Broun of the 46th, Reeder of the 55th and Padgett of the 23rd.
The following resolution, favorably reported by the committee, was read the third time, and placed upon its passage:
HR 74. By Mr. McCracken of the 36th: A resolution authorizing conveyance of a certain tract of State-owned property (City of Louisville); and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 70. By Senator Jackson of the 16th:
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 so-
MONDAY, MARCH 3, 1969
765
licitor general, and providing for the payment of the salary of said solicitor general, so as to change the compensation of the assistant solicitor general; and for other purposes.
The House amendment was as follows:
The Committee on Local Affairs moved to amend SB 70 by striking from quoted Section 2A of Section 1 the sentence which reads as fol lows: "Said assistant district attorney shall be compensated in the amount of $16,000.00 per annum to be paid in equal monthly install ments from the funds of Muscogee County.", and inserting in lieu thereof the following sentence: "Said assistant district attorney shall be compensated in an amount not less than $10,000.00 per annum nor more than $16,000.00 per annum, said amount to be determined by the District Attorney and to be paid in equal monthly installments from the funds of Muscogee County."
Senator Jackson of the 16th moved that the Senate agree to the House amendment to SB 70.
On the motion, the ayes were 31, nays 0. The motion prevailed, and the House amendment was agreed to.
The following report of a standing committee was read by the secretary:
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 115. Do pass by substitute.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
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Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and resolution 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 54.
SB 74.
SB 69. SB 155.
SB 198.
SR 75. Respectfully submitted,
Eldridge of 7th District,
Chairman.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 1. By Senators Rowan of the 8th, Adams of the 26th and Kidd of the 25th:
A bill to amend Code Title 88 known as the Georgia Health Code, ap proved March 18, 1964 (Ga. L. 1964, p. 499), as amended, so as to revise comprehensively the laws relating to hospitalization and release of mentally ill persons by providing a procedure for the voluntary admis sion of patients, emergency admission of patients, admission of patients for evaluation, nonobjecting or involuntary hospitalization of patients and judicial hospitalization of patients to hospitals for the mentally ill; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, so as to revise comprehensively the laws relating to the hos pitalization and release of mentally ill persons by providing a proce dure for the voluntary admission of patients, the emergency admission of patients, the admission of patients for evaluation, the nonobjecting or involuntary hospitalization of patients, and the judicial hospitaliza tion of patients to hospitals for the mentally ill; to provide certain definitions; to provide certain rights of patients; to provide liability for violating provisions of Chapter 88-5; to authorize the Department of Public Health to issue and enforce regulations to implement Chapter
MONDAY, MARCH 3, 1969
767
88-5; to provide for paying expenses of hearings; to provide for com pelling witnesses to attend proceedings; to provide the procedure to be followed when a nonresident of Georgia is hospitalized in a facility in Georgia; to provide for transferring eligible patients to the custody of an agency of the United States Government for hospitalization; to pro vide for the function of private facilities within the provisions of Chap ter 88-5; to provide for the validity of prior hospitalization orders; to provide for paying certain expenses; to amend Code Section 24-1901, re lating to the jurisdiction of the Courts of Ordinary, so as to confer cer tain jurisdiction on the Courts of Ordinary in conformity with this Act; to amend Code Chapter 49-6, relating to the appointment of guardians, so as to conform the procedure for the appointment of guardians, the provisions of this Act which provide for admission of patients to treatment facilities; to repeal a specific Code Section; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 88 known as the "Georgia Health Code", ap proved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended by striking Chapter 88-5 in its entirety and inserting in lieu thereof a new Chapter 88-5 to read as follows:
"CODE CHAPTER 88-5
HOSPITALIZATION OF THE MENTALLY ILL
88-501. Definitions.--Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them:
(a) 'Mentally ill' shall mean having a psychiatric disorder which substantially impairs the person's mental health;
(b) 'Department' shall mean the Georgia Department of Public Health and includes its duly authorized agents;
(c) 'Facility' shall mean any state-owned or state-operated hospital or other facility utilized for the diagnosis, care, treat ment, training, or hospitalization of persons who are mentally ill, any facility operated or utilized for such purpose by the United States Veterans Administration or other federal agency; and any other hospital within the State of Georgia approved for such pur pose by the department;
(d) 'Patient' shall mean any mentally ill person who seeks hos pitalization under the provisions of this Chapter, or any person for whom such hospitalization is sought;
(e) 'Superintendent' shall mean the chief medical officer of any facility receiving patients under the provisions of this Chapter or a physician appointed as the designee of such superintendent;
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(f) 'Physician' shall mean a doctor of medicine who is li censed to practice in this State, under the provisions of the Georgia Medical Practice Act (Ga. Code Chapter 84-9), or who is employed as a physician by the United States Veterans Administration or other federal agency;
(g) 'Private Facility' shall mean any hospital facility operated by a non-profit corporation or association, a proprietary hospital approved for the purposes of this Chapter as provided herein, and a hospital facility operated by a hospital authority created pursu ant to the Hospitals Authorities Law of Georgia (Ga. Code Chap ter 88-18);
(h) 'Peace Officer' shall mean any city or county police officer, officer of the State Patrol, sheriff or deputy sheriff;
(i) 'Resident' shall mean a person who is a legal resident of the State of Georgia;
(j) 'Representatives' shall mean the persons appointed as pro vided in Section 88-502.15 to receive notice of the proceedings for hospitalization;
(k) 'Emergency Receiving Facility' shall mean a facility desig nated by the department to receive patients under emergency con ditions as provided in Sections 88-504.1 through 88-504.5;
(1) 'Evaluating Facility' shall mean a facility designated by the department to receive patients for psychiatric evaluation as provided in Sections 88-505.1 through 88-505.7;
(m) 'Treatment Facility' shall mean a facility designated by the department to receive patients for psychiatric treatment as provided in Sections 88-506.1 through 88-506.8 and Sections 88-507.1 through 88-507.3;
(n) 'Penal Offense' means violation of a law of the State or a political subdivision thereof for which the offender may be con fined in a State prison or a city or county jail or other penal institution.
(o) 'Clinical record' shall mean all parts of the record required to be maintained under Section 88-502.10(a) and shall include all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which per tains to the patient's hospitalization and treatment.
RIGHTS OF PATIENTS
88-502.1. Protection of patient's right.--The individual dignity of the patient shall be respected at all times and upon all occa sions, including any occasion wherein the patient is taken into cus tody, detained or transported. Except where required under condi-
MONDAY, MARCH 3, 1969
769
tions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the mentally ill. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients and their handling and treatment shall be under the supervision of a physician. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental disorder shall be deprived of any civil, political, personal, or property rights without due process of law. No right or privilege granted by this Chapter shall be denied because of race, creed, or national origin.
88-502.2. Right to care and treatment.--The policy of the State is that no person shall be denied care and treatment for mental disorder, and no services shall be delayed at a facility of the State or a political subdivision of the State because of inability
to pay.
88-502.3. Quality of care and treatment.--(a) Each patient in a facility and each person receiving services for mental disorders shall receive care and treatment that is suited to his needs and such care and treatment shall be administered skillfully, safely, and humanely with full respect for his dignity and personal integ rity. In order to assure proper care and treatment, the superintend ent of a facility shall require that each patient receive such medi cal attention as his condition demands and that, unless the patient or his representatives consent in writing, no treatment shall be given which is not recognized as standard psychiatric treatment.
(b) If a patient hospitalized under the provisions of this Chapter is able to secure the services of a private physician, he shall be allowed to see his physician at any reasonable time. The superintendent is hereby authorized and directed to establish reg ulations designed to facilitate examination and treatment which a patient may request from such private physician.
(c) Every patient admitted to a facility under the provisions of this Chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.
88-502.4. Mechanical restraints.--Mechanical restraints shall not be applied to a patient unless it is determined by the superin tendent to be required by the medical needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient and each such entry on the clinical record shall be signed by the superintendent.
88-502.5. Communication and visits.--(a) The intent of this Section is to enable each patient in a facility to communicate freely and privately with persons outside the facility unless such com munication is likely to be harmful to the patient or others.
(b) Except as provided in subsections (c) through (e), each patient shall be allowed to receive, send and mail sealed, unopened
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correspondence and no patient's incoming or outgoing correspond ence shall be opened, delayed, held or censored by the facility.
(c) If there is reason to believe that incoming or outgoing mail contains items or substances which may be dangerous to the patient or others, the superintendent may direct reasonable exam ination of such mail and may regulate the disposition of such items or substances found.
(d) If an injunction against communication by a patient is issued by a court, the superintendent shall restrict communication as provided by the order of the court.
(e) If the superintendent finds that the patient's mental con dition demands restriction of communications, such communications may be restricted for a period of not to exceed five days, except that correspondence of the patient with public officials or with his attorney shall not be restricted in any event under this subsection. If the superintendent finds that the patient's condition demands continued restriction of communications, the superintendent may order continued restriction for a period not to exceed three months. This order may be renewed by the superintendent each three months thereafter if the patient's condition demands continued restriction of communications. At each time a patient's right to communicate is ordered restricted by the superintendent, written notice of such order shall be served on the patient and his representatives as pro vided in Section 88-502,15.
(f) The circumstances surrounding the examination of any mail under subsection (c) or restriction of the right to communicate under subsections (d) and (e) shall be recorded on the patient's clinical record.
(g) The superintendent is hereby authorized to establish rea sonable regulations governing visitors, visiting hours and the use of telephones by patients.
88-502.6. Care and custody of the personal effects of patients, --A patient's right to his personal effects shall be respected. The superintendent or his designee may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken.
88-502.7. Voting in public elections.--Each patient in a facility who is eligible to vote shall be given his right to vote in the pri mary and general elections. The superintendent of each facility shall permit and reasonably assist patients (a) to obtain voter reg istration forms, applications for absentee ballots, and absentee ballots; (b) to comply with other requirements which are pre requisite for voting; and (c) to vote by absentee ballot.
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771
88-502.8. Employment outside the facility.--If a patient wishes to be employed outside a facility and if such employment will aid in the patient's treatment, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such employment. The department shall encourage such employment of patients and shall promote the training of patients for gainful employment after discharge. All benefits of such employment shall accrue solely to the patient.
88-502.9. Education of children.--The rights of any child under treatment in a facility to an education within the limits of his capability shall be fully respected.
88.502.10. Confidentiality.-- (a) A clinical record for each pa tient shall be maintained. The record shall include data pertaining to admission and such other information as may be required under regulations of the department. Unless waived by the patient or guardian and his attorney, the privileged and confidential status of all information given such status by Code Section 38-418 (5) shall not be lost by either authorized or unauthorized disclosure of such information to any person, organization or agency. The clinical record shall not be a public record and no part of it shall be re leased except:
(1) Where the superintendent of the facility where the record is kept deems it essential for continued treatment, the record may be released to physicians;
(2) The record may be released to physicians, attorneys, and government agencies as designated by the patient;
(3) The record, except for matter privileged under Code Section 34-418 (5), may be produced in response to a duly is sued subpoena; the record, or any part thereof, may be released to persons duly authorized by an order of a court of record;
(4) When the patient is transferred to another facility, the record may be released to that facility;
(5) The record or any part thereof may be disclosed to any employee or staff member of the facility when the attending physician deems it necessary for the proper treatment of the patient.
(b) (1) The record shall be released to the patient's attorney if the attorney so requests within the four weeks preceding the time the patient becomes entitled to any hearing under the pro visions of this Chapter.
(2) In connection with any hearing under the provisions of this Chapter, any physician who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient except for communications
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privileged under Code Section 38-418 (5) as to which the priv ilege has not been effectively waived.
(c) Nothing contained in this Section shall be taken to render admissible in Court any matter which would otherwise be excluded tinder Code Section 38-418.
88-502.11. Judicial Supervision.--(a) At any time and with out notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of deten tion and to request the Court on its own initiative to issue a writ for release.
(b) A patient or his representatives may file a petition in the Court of Ordinary in the county where the patient is hospitalized, alleging that the patient is being unjustly denied a right or privi lege granted by this Chapter or that a procedure authorized by this Chapter is being abused. Upon the filing of such a petition, the Court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct any abuse of the provisions of this Chapter.
88-502.12. Right to legal counsel.--It shall be the responsibil ity of the department to see that every patient is given the oppor tunity to secure legal counsel to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during hospitalization.
88-502.13. Designation of facility to receive patient.--(a) The department may designate the state-owned or state-operated facil ity to which a patient is admitted under the provisions of this Chapter. If a patient is hospitalized under the provisions of this Chapter and is able to pay for treatment in a private facility ap proved by the department under the provisions of this Chapter, he may apply to the department for transfer at his expense to such private facility. If the private facility agrees to accept the patient, the department shall transfer the patient to that facility. If a pri vate facility requests the department to take custody of a patient hospitalized therein under the provisions of this Chapter, the de partment shall accept the patient and designate the state-owned or state-operated facility to which the patient shall be admitted.
(b) When the medical needs of the patient or efficient utiliza tion of the facilities of the department require, a patient may be transferred from one facility of the department to another. At the time of any such transfer, notice shall be given in writing to the patient and to his representatives. A voluntary patient may be transferred only with his consent.
88-502.14. Transportation.--Except under conditions of ex treme urgency, the County Health Department shall arrange for any required transportation of the patient. In such condition of extreme urgency, the Court of Ordinary shall, upon the request
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of the County Health Department, order the sheriff to transport the patient in such manner as his condition demands. Marked ve hicles normally used for the transportation of criminals or those accused of crime shall not be used for the transportation of patients except under conditions of extreme urgency. At any time the County Health Department is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female pa tient shall be transported at any time without another female, who is not a patient, in attendance, unless such female patient is ac companied by her husband, father, adult brother or adult son.
88-502.15. Notice.--(a) At the time a patient is admitted to any facility under the provisions of this Chapter, the names and addresses of two representatives shall be entered in the patient's clinical record and notice of the patient's admission shall be given to the representatives in writing. If the admission is to an Emergency Receiving Facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as pos sible. The patient may designate one representative; the second representative, or in the absence of designation of one representa tive by the patient, both representatives, shall be selected by the facility, one of whom shall be selected from the following in the order of listing: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The sec ond representative shall be selected from the above list without regard to the order of listing.
(b) At the time of admission of a patient under the provisions of this Chapter, the facility shall make diligent efforts to secure names and addresses of two representatives for the patient as pro vided for herein. If the facility is unable to secure such representa tives after diligent search, that fact shall be entered in the pa tient's clinical record, and the facility shall apply to the Court of Ordinary for the appointment of a guardian ad litem. On applica tion of any person or on its own motion, the Court may also ap point a guardian ad litem for a patient for whom representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian ad litem shall act as representative of the patient on whom notice is to be served under the provisions of this Chapter, and shall have the powers granted to representatives by this Chapter.
(c) At any time notice is required by this Chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under subsection (a). The patient's guardian ad litem, if any, shall likewise be served. Unless other wise provided, notice may be served in person or by registered or certified mail. When notice is served by mail, service is complete upon mailing.
(d) At any time notice is required by this Chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to read a
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written notice understandably, a reasonable effort shall be made to explain the notice to him.
(e) At the time a Court of Ordinary enters an order pursuant to the provisions of this Chapter, such order and notice of the date of entry of the order shall be served on the patient and his repre sentatives as provided in subsection (c) hereof.
88-502.16. Appeal.--The patient, his representatives, or his at torney may appeal any order of the Court of Ordinary rendered in a proceeding under this Chapter to the Superior Court of the county in which the proceeding was held. Such appeal must be filed within ten days of the entry of the order complained of and the patient must pay all costs or must make an affidavit that he is unable to pay costs. The appeal shall be made in the same manner as other appeals from the Court of Ordinary to the Superior Court, where the issue shall be submitted to a jury as in other cases before that Court, with further rights of review as now or hereinafter are provided by law.
88-502.17. Access to physicians.--At reasonable times, the pa tient's attorney shall have the right to interview the physicians who have attended the patient in any facility. The superintendent is hereby authorized and directed to establish reasonable regula tions to make available to the patient's attorney all information in the possession of the facility which he requires in order to advise and represent the patient concerning his hospitalization.
88-502.18. Liability for violations.--Any person who willfully violates or willfully abuses any provision of this Chapter shall be liable to the patient for any damages which the patient suffers by reason of such wrongful conduct. Any physician, peace officer, health officer, or hospital officer, agent, or employee, whether em ployed by a private hospital or at hospital facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18), who acts in good faith in compliance with the provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility.
VOLUNTARY ADMISSION
88-503.1. Authority to receive voluntary patients.--(a) The superintendent of any facility may receive for observation and diagnosis any individual 18 years of age, or older, making appli cation therefor, any individual under 18 years of age for whom such application is made by his parent or guardian and any per son legally adjudged to be incompetent for whom such application is made by his guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be de tained by such facility for such period and under such conditions as may be authorized by law.
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(b) The superintendent of any Evaluating Facility may receive for observation and diagnosis any individual 14 years of age or older who makes application therefor. If such individual is under 18 years of age, his parent or guardian may apply for his dis charge and the superintendent shall release the patient within five days of such application for discharge.
88-503.2. Discharge of voluntary patients.--The superintend ent of the facility shall discharge any voluntary patient who has recovered from his mental illness or who has sufficiently improved that the superintendent determines that hospitalization of the pa tient is no longer desirable. He may also discharge any voluntary patient, if to do so would, in his judgment, contribute to the most effective use of the facility in the care and treatment of mentally ill persons: Provided, however, that in no event shall any such patient be discharged if, in the judgment of the superintendent of such facility, such discharge would be unsafe for the patient or others.
88-503.3. Right of voluntary patients to discharge on appli cation.--(a) A voluntary patient who is admitted to a facility pur suant to Section 88-503.1, or his legal guardian, parent, spouse, attorney or adult next-of-kin, may request his discharge in writing at any time after five days following his admission to the facility, excluding Saturdays, Sundays and legal holidays. This request may be submitted to the superintendent or to any staff physician or staff registered nurse of the facility for transmittal to the super intendent. If the patient or another on his behalf makes an oral request for release to any staff physician or staff registered nurse, the patient must, within three days, Saturdays, Sundays and legal holidays excluded, be given assistance in preparing a written re quest. If a written request is submitted to a staff physician or staff registered nurse, the physician or nurse shall deliver the request to the superintendent within 24 hours. Within five days, excluding Saturdays, Sundays and legal holidays, of the delivery of a written request for release to the superintendent, the patient must be discharged from the facility unless the superintendent finds that the discharge would be unsafe to the patient or others, in which case proceedings for involuntary hospitalization must be initiated under Section 88-506.3 prior to the expiration of such five-day pe riod. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge may be conditioned upon the agreement of the pa tient thereto. If the patient was admitted before the age of eighteen on the application of his parent or guardian under Section 88-503.1, his discharge prior to becoming 18 years of age may be conditioned upon the consent thereto of his parent or guardian. If the patient was admitted as an adjudged incompetent on the application of his guardian under Section 88-503.1, his discharge prior to a legal restoration of competency may be conditioned upon the consent thereto of his guardian.
(b) Notwithstanding any other provision of this Chapter, pro ceedings for the involuntary hospitalization of an individual re ceived by a facility as a voluntary patient shall not be commenced
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unless the discharge of the voluntary patient is first requested as provided in subsection (a) hereof.
88-503.4. Notice of rights to release.--At the time of his ad mission and each six months thereafter, a voluntary patient ad mitted to a facility under Section 88-503.1 and his representatives shall be notified in writing, as provided in Section 88-502.15, of his right to discharge on application under Section 88-503.3.
88-503.5. Transfer to voluntary status.--The attending physi cian shall encourage any involuntary patient to transfer to volun tary status of hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clini cal record. Any involuntary patient who so applies shall be trans ferred to voluntary status of hospitalization immediately, unless the superintendent finds that this would be not in the best interest of the patient, which finding shall be entered in the patient's clini cal record and signed by the superintendent. When such transfer to volunteer status occurs, notice shall be given to the patient and his representatives, and, if the patient was hospitalized under an order of court, to the Court which entered such order.
EMERGENCY ADMISSION
88-504.1. Facility for emergency admission.--Any state-owned or state-operated facility may be designated by the department as an Emergency Receiving Facility. The department shall maintain an Emergency Receiving Facility at Central State Hospital and each Georgia Regional Hospital which shall accept patients from any county under the provisions of Sections 88-504.2 through 88-504.5. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. No provisions of this Chapter shall be deemed to require any county to construct any facility for the hospitalization or treatment of mental patients.
88-504.2. Admission to an Emergency Receiving Facility.-- (a) Any person being within the State may be admitted under the provisions of subsections (b) and (c) if (1) the person appears to be mentally ill and a danger to himself or others and is con ducting himself in a manner which in a person not mentally ill would constitute a penal offense as defined in Section 88-501 (n), or (2) appears to be mentally ill and is overtly threatening to com mit suicide, or (3) has been examined by a physician, within the preceding 48 hours, who has executed a certificate stating that the person appears to be mentally ill and is likely to injure himself or others.
(b) The Court of Ordinary may enter an ex parte order stating that a person appears to meet the criteria of subsection (a) and the findings on which that conclusion is based, and may direct that a peace officer take the person into custody and deliver him forth-
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with to the nearest available Emergency Receiving Facility where such person shall be received for examination. The order of the Court shall be made a part of the patient's clinical record.
(c) Any peace officer may take into custody a person who ap pears to meet the criteria of subsection (a) and deliver him forth with to the nearest available Emergency Receiving Facility, where he shall be received for examination. The officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report shall be made a part of the patient's clinical record.
88-504.3. Examination in Emergency Receiving Facility.--A patient who is received by an Emergency Receiving Facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given emergency treat ment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining physician concludes that there is reason to believe that the patient may require hospitalization in a Treatment Facility and executes a certificate to that effect within 24 hours of the patient's admis sion to the Emergency Receiving Facility. The physician's certifi cate shall be served on the patient and his representatives together with written notice that the patient or his representatives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. Within 24 hours of the execu tion of the physician's certificate, the patient shall be transported, as provided for in Section 88-502.14, to an Evaluating Facility where he shall be received under the provisions of Section 88-505.4.
88-504.4. Release from Emergency Receiving Facility.--At any time the examining physician concludes that the patient need not be hospitalized or that further evaluation is not necessary, the pa tient shall be discharged, unless the patient is under criminal charges, in which case he shall be returned to the custody of a
peace officer.
88-504.5. Notice of right to court hearing.--Immediately upon arrival of a patient at an Emergency Receiving Facility under Section 88-504.2, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a pro tective order under the provisions of Section 88-502.11. The notice of the patient's hospitalization in an Emergency Receiving Facility given to the patient's representatives under the provisions of Sec tion 88-502.15 (a) shall include a clear notification that the repre sentatives may petition for a writ of habeas corpus or for a pro tective order under the provisions of Section 88-502.11.
ADMISSION FOR EVALUATION
88-505.1. Facility for psychiatric evaluation.--Any stateowned or state-operated facility may be designated by the depart ment as an Evaluating Facility. The department shall maintain an Evaluating Facility at Central State Hospital and each Georgia
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Regional Hospital which shall accept patients from any county under the provisions of Sections 88-505.2 through 88-505.7. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the govern ing officers of such other facility.
88-505.2. Petition for court-ordered evaluation.--(a) Any per son may file an application, executed under oath, with the County Health Department for a court-ordered evaluation of a patient lo cated within the county who is alleged to be mentally ill and (1) a danger to himself or others or (2) incapable of caring for his physical health and safety. Upon the filing of such an application, the County Health Department shall make a preliminary investiga tion to determine whether or not there is reason to believe that the subject of the application is mentally ill and (1) a danger to himself or others or (2) incapable of caring for his physical health and safety. If the investigation shows that these criteria are met, the County Health Department shall file a petition with the Court of Ordinary in the county where the patient is located, seeking an involuntary admission for evaluation.
(b) Any person may file a petition with the Court of Ordi nary, executed under oath, alleging that a patient within the county is mentally ill and (1) is a danger to himself or others or (2) is incapable of caring for his physical health and safety. The peti tion must be accompanied by the certificate of a physician stating that he has examined the patient within the preceding five days and has found that the patient may be mentally ill and in need of hospitalization, and that a full evaluation of the patient is nec
essary.
88-505.3. Evaluation on court order.-- (a) The Court of Ordi nary shall set a hearing on the petition filed under subsection 88-505.2 (a) or 88-505.2 (b) and shall serve notice of such hearing on the patient and his representatives as provided in Section 88-502.15. If service is made in person, the hearing shall be set within 48 hours, Saturdays, Sundays and holidays excepted, of the date of service of the notice. If the patient or any representative is served by mail, the hearing shall be set within five days, Satur days, Sundays and holidays excepted, of the date such notice is mailed. A copy of the petition shall be attached to the notice of the time and place of the hearing. In all cases, the Court shall grant continuance upon application by the patient or his representatives if necessary to permit the patient to prepare for the hearing. Two representatives for the service of the notice provided herein shall be designated by the Court, one of whom shall be selected from the following in the order of listing, other than the person who filed the petition: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The sec ond representative shall be selected from the above list without regard to the order of listing. If two representatives cannot be lo cated after diligent search, the Court shall appoint a guardian ad litem who shall serve as representative. The hearing may be waived in writing by the patient and his representatives. If the hearing is not waived, it shall be held in an informal manner and at a loca-
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tion which will not be harmful to the mental health of the patient. The patient shall have a right to counsel. The Court shall inform the patient of that right and, if the patient is unable to afford counsel, the Court shall appoint counsel. The rules of evidence and formal rules of procedure shall not apply. The Court shall receive all relevant testimony and evidence.
(b) After a full hearing, or, if the hearing is waived, after a full review of the evidence, if the Court is satisfied that immediate evaluation is necessary, the Court shall issue an order to any peace officer to deliver the patient forthwith to a designated Evaluating Facility. If the Court is satisfied that evaluation is necessary, but that the patient need not be hospitalized immediately for his own safety or that of others, the Court may order the patient to appear at a designated Evaluating Facility at a specified time within three days, Saturdays, Sundays and legal holidays excepted. If the pa tient fails to appear at the specified time, the order of the Court, countersigned by the superintendent of the Evaluating Facility, or his designee, to show that the person did not appear as ordered, shall authorize and direct any peace officer to take the person into custody and deliver him forthwith to the specified Evaluating Facility.
88-505.4. Admission to an Evaluating Facility.--Any person who is brought to an Evaluating Facility under the provisions of Section 88-504.3 or appears under a court order as provided in Sec tion 88-505.3 or Section 88-507.3 shall be received for evaluation and such treatment as is indicated by good medical practice.
88-505.5. Evaluation by an Evaluating Facility.--A patient who is admitted to an Evaluating Facility under Section 88-505.4 may be detained for a period not to exceed five days. The staff physicians of the Evaluating Facility shall encourage the patient to apply for voluntary hospitalization if hospitalization appears de sirable, unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clinical record. Within the five-day evaluating period, (a) the patient must be released under Section 88-505.6, or (b) the patient must agree to hospitalization as a voluntary patient, without objection from his representatives, in which case the provisions of this Chapter on voluntary admission apply with the date of voluntary admission being set as the sixth day after admission to the Evaluating Facility, or (c) proceedings for involuntary hospitalization under Section 88-506.3, must be initiated unless the patient was received by the Evaluating Facility under Section 88-507.3, in which case the patient must be returned to the jurisdiction of the Court.
88-505.6. Power to discharge patient.--At any time the patient is found not to require hospitalization or further detention for evaluation, the Evaluating Facility shall discharge the patient, un less the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer authorized by law to take the patient into custody. Notice of the discharge shall be
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given to the patient and his representatives, as provided in Section 88-502.15, and (a) if the patient was admitted to the Emergency Receiving Facility under subsection 88-504.2 (b), to the Court which entered the order; (b) if the patient was taken into custody under subsection 88-504.2 (c), to the agency which took the patient into custody; and (c) if the admission to the Evaluating Facility was under Section 88-505.3 or Section 88-507.3, to the Court which
ordered the evaluation.
88-505.7. Power to transfer.--Any patient admitted to an Evaluating Facility may apply to the superintendent of that facility for transfer at his own expense to any other approved Evaluating Facility. If the Evaluating Facility to which transfer is requested agrees to admit the patient, he shall be transferred forthwith. In such case, the provisions of Section 88-505.5 shall apply and the time period specified shall be counted from the date of admission to the Evaluating Facility to which the patient is transferred. No tice of the transfer shall be given to the patient's representatives, as provided in Section 88-502.15, at the time of transfer and, if the patient was admitted to the Evaluating Facility under Section 88-505.3 or Section 88-507.3, to the Court which ordered the eval
uation.
INVOLUNTARY HOSPITALIZATION; NONOBJECTING HOSPITALIZATION
88-506.1. Criteria for nonobjecting or involuntary hospitalization.--A person being within the State may be hospitalized under Sections 88-506.2 through 88-506.8 if he is mentally ill and is (a) likely to injure himself or others if not hospitalized or (b) in capable of caring for his physical health and safety.
88-506.2. Facility for treatment.--Any state-owned or stateoperated facility may be designated by the department as a Treat ment Facility. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility.
88-506.3. Admission to a Treatment Facility.--A patient may be hospitalized in a Treatment Facility under the provisions of this Section and Section 88-506.4 only upon recommendation of the su perintendent of an Evaluating Facility where the patient has been examined, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the criteria of Section 88-506.1 are met. Such recommenda tion of the superintendent and opinions of the physicians shall be entered on a hospitalization certificate, which certificate shall au thorize the patient to be retained by the Evaluating Facility pend ing transfer to a Treatment Facility or completion of a hearing under Section 88-506.4. The certificate shall be filed with the department and copies shall be served on the patient and his rep resentatives, as provided in Section 88-502.15, accompanied by: (a) a plain and simple notice that the patient or his representa tives may apply for a hearing on the issue of the patient's need
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for hospitalization; (b) a petition for such hearing which requires only the signature of the patient or his representatives for comple tion; (c) a notice that the petition may be filed in the Court of Ordinary in the county in which the patient is hospitalized at the time the certificate is executed or in the county of residence of the patient, and the address of such Courts; and (d) a notice that the patient or his representatives may apply immediately to the Court of Ordinary to have counsel appointed if the patient cannot afford counsel. This petition may be filed at any time within six months of the date of the certificate. If no petition for a hearing is filed within five days after the certificate is served on the patient's representatives, the certificate shall serve as authorization for the patient to be transported to a Treatment Facility as provided in Section 88-502.14, and as authorization to the Treatment Facility to admit the patient for care and treatment. The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months from the date of admission. If continued hos pitalization is necessary at the end of that period, the superinten dent shall apply for an order authorizing such continued hospitaliza tion under Section 88-506.6.
88-506.4. Procedure if Hearing is Requested.--If a petition for a hearing is filed, the Court of Ordinary shall serve notice on the superintendent of the facility in which the patient is hospi talized and shall hold the hearing within five days unless the Court grants a continuance for good cause. The patient, his rep resentatives, or the superintendent of the facility where the patient is hospitalized may apply for a change of venue for the convenience of parties or witnesses or because of the condition of the patient. A change of venue may be ordered within the discretion of the Court. The patient shall have a right to counsel. The patient and his representatives shall be informed of this right by the Court and, if the patient cannot afford counsel, the Court shall appoint counsel. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Court, the public may be excluded from the hearing and the pa tient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Court's action. The Court shall receive all relevant testimony and evidence. One of the physicians who executed the certificate in Section 88-506.3 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Court concludes that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall order the patient to be trans ported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment. The Treat ment Facility may retain a patient admitted under this Section for a period not to exceed six months. If continued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization un der Section 88-506.6.
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Section 88-506.5. Hearing Examiner.--(a) One or more Hear ing Examiners shall be appointed by the Justices of the Supreme Court to hold the hearings provided under Section 88-506.6. Such Hearing Examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
(b) The Hearing Examiners shall have the authority to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas; (3) Rule upon offers of proof;
(4) Regulate the course of the hearing;
(5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the pres ence of the Hearing Examiner.
(c) If a subpoena issued by the Hearing Examiner is dis obeyed, the Hearing Examiner may apply to the Superior Court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) In the event a patient cannot afford counsel in a hearing before the Hearing Examiner, the Hearing Examiner shall apply to the Superior Court of the county in which the hearing is held and that Court shall appoint counsel for the patient.
(e) An order of the Hearing Examiner rendered in a hearing in Section 88-506.6 may be appealed to the Superior Court of the county in which the hearing was held in the manner provided by Section 88-502.16 for appeals from orders of the Courts of Ordinary.
88-506.6. Procedure for Continued Hospitalization.--(a) If continued hospitalization of a patient is necessary, the superin tendent shall, prior to the expiration of the period during which the Treatment Facility is authorized to retain the patient by the provisions of this Chapter, apply for an order authorizing such continued hospitalization under the provisions of subsection (c).
(b) If the superintendent finds that continued hospitalization is necessary (1) for an individual who was admitted while serving a criminal sentence, but whose sentence is about to expire, or (2) for an individual who was hospitalized while under the jurisdic tion of a Juvenile Court, but who is about to reach the age of 21, the superintendent shall apply for an order authorizing such con tinued hospitalization under subsection (c) and the provisions of this Chapter shall apply fully to such patient after that time.
(c) (1) The superintendent may seek an order authorizing continued hospitalization by filing a petition therefor in the Court
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of Ordinary in the county of the patient's residence and serving such petition on the patient and his representatives, as provided in Section 88-502.15. The petition shall contain a plain and simple statement that (i) the patient or his representatives may file a request for a hearing with the Court within fifteen days after service of the superintendent's petition and that (ii) if the patient cannot afford counsel, upon request by the patient, counsel will be appointed immediately by the Court of Ordinary in the county where the Treatment Facility is located or, upon request by the patient's representatives, in the county of the patient's residence.
(2) If a hearing is not requested within fifteen days of serv ice of the petition on the patient and his representatives, the Court may order continued hospitalization if satisfied that such hospitalization is necessary. Such order shall authorize the Treat ment Facility to retain the patient for a period not to exceed one year.
(3) If a hearing is requested within fifteen days of service of the petition on the patient and his representatives, the Court of Ordinary in the county of the patient's residence shall serve notice on the superintendent and shall transmit the petition and the request for a hearing to the office of the Hearing Examiner. The Hearing Examiner shall set a time and place for the hearing to be held within ten days of the time the Hearing Examiner receives the petition. Notice of the hearing shall be served on the patient and his representatives as provided in Section 88-502.15. The Hearing Examiner may grant a continuance for good cause. The patient or his representatives may apply for a change of venue for the convenience of parties or witnesses. A change of venue may be ordered within the discretion of the Hearing Ex aminer. The patient shall have a right to counsel. The patient and his representatives shall be informed of this right by the Hearing Examiner and, if the patient cannot afford counsel, counsel shall be appointed as provided in Section 88-506.5 (d). The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Hearing Examiner, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Hearing Ex aminer's action. The Hearing Examiner shall receive all relevant testimony and evidence. At least one physician attending the patient at the Treatment Facility shall be a witness but his testi mony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Hearing Examiner con cludes that the patient requires continued hospitalization, the Hear ing Examiner shall so order and the Treatment Facility shall there by be authorized to retain the patient for a period not to exceed one year.
88-506.7. Power to discharge patient.--At any time a patient is found by the superintendent no longer to meet the criteria of Section 88-506.1, the superintendent may (a) discharge the pa tient, unless the patient is under criminal charges, in which case
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he shall be placed in the custody of a peace officer duly authorized by law to take the patient into custody; or (b) transfer the patient to voluntary status at the patient's request as provided in Section
88-503.5; or (c) place an improved patient, except patients under a criminal charge, on convalescent status as provided in Section 88-506.8. Notice of the discharge or the transfer of status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order.
88-506.8. Convalescent status; rehospitalization.--The super intendent of the Treatment Facility may place an improved pa tient on convalescent status when he believes that such action is in the best interest of the patient. Notice of the patient's place ment on convalescent status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order. Placement on convalescent status shall include provisions for continuing responsibility to and by the facility, including a plan of treatment on an out-patient basis. The superintendent of the facility from which the patient is given convalescent status may, at any time during the continuance of such convalescent status, rehospitalize the patient when the condition of the patient requires. On application by the superintendent to the Court of Ordinary in the county where the patient is found, the Court shall issue an order directing that the patient be transported to the Treatment Facility as provided in Section 88-502.14. The convales cent status shall automatically expire at the end of the period during which the Treatment Facility was authorized to retain the patient under the provisions of this Chapter, unless the superin tendent, upon determining that further hospitalization may be re quired if the convalescent status is not continued, shall apply for an order authorizing the continuance of the convalescent status for an additional period not to exceed one year. Such application for continuance of convalescent status shall be filed in the manner provided for in subsection 88-506.6 (c) (1) and proceedings shall be conducted as provided in subsections 88-506.6 (c) (2) and 88506.6 (c) (3) to determine whether or not the patient's condition requires the convalescent status to be continued.
JUDICIAL HOSPITALIZATION
88-507.1. Criteria for judicial hospitalization.--A person may be hospitalized under Section 88-507.2 and 88-507.3 if he is men tally ill, and he is (a) likely to injure himself or others if not hospitalized or (b) incapable of caring for his physical health and safety.
88-507.2. Petition for judicial hospitalization.--Any person may file a petition, executed under oath, in the Court of Ordinary in the county where the patient is found, alleging that the cri teria of Section 88-507.1 are met. The petition shall be accompanied by the certificate of a physician stating that the physician has examined the patient within the preceding five days and that the criteria of Section 88-507.1 are met.
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88-507.3. Procedure for hearing.--(a) The Court of Ordinary shall enter the names and addresses of representatives of the pa tient on the petition. The patient may designate one representa tive; a second representative or, in the absence of designation of one representative by the patient, two representatives, shall be selected by the Court, one of whom shall be selected from the following in the order of listing, other than the person who exe cuted the petition under Section 88-507.2: the patient's legal guard ian, spouse, an adult child, parent, attorney, adult next-of-kin, or fidult friend. The second representative shall be selected from the above list without regard to the order of listing. The Court shall make diligent efforts to secure names and addresses of two rep resentatives for the patient as provided for herein. If the Court is unable to secure such representatives after diligent search, that fact shall be entered in the record of the case, and the Court shall appoint a guardian ad litem. Such guardian ad litem shall act as representative of the patient.
(b) The Court shall issue a commission directed to three repu table persons, two of whom shall be practicing physicians in good standing, said physicians to be residents of the county, if that number reside therein, and the county attorney, or some attorney of the county appointed by said county attorney (or, in the case of disqualification of the county attorney, an attorney appointed by the Court), or the solicitor of any city court located in said county, and if no county attorney or solicitor of said city court,, the district attorney of the circuit or some attorney of the county appointed by him. The Commission shall be sworn to examine the patient according to the best of its ability and to report to the Court its findings as to the mental condition of said patient and as to his need for hospitalization.
(c) The Court shall set a date for the hearing within five days of the time the petition is filed unless a continuance is granted! for good cause. Notice of the hearing shall be served on the pa tient and his representatives in person or by registered or certi fied mail. The notice shall be accompanied by a plain and simple statement that the patient is entitled to counsel and that, if the patient cannot afford counsel, the Court will appoint counsel on request by the patient or his representative.
(d) The Court may at any time during the proceedings order the sheriff of such county to take the patient in custody, if deemed necessary for the protection of the patient, or others, and provided that an affidavit is submitted by a physician that said patient is violent or for other reasons is liable to do physical harm to him self or others. It shall be the duty of the Court to have such patient examined within 24 hours by the county physician or a physician who is in active practice and who maintains a permanent office.
(e) At any time during the pendency of the proceedings, at the request of the patient or his representatives, the Court shall order the patient to be examined by a designated Evaluating Fa cility. Upon such order, the patient shall be taken to the Evaluat-
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ing Facility under the provisions of Section 88-502.14, where he shall be received under the provisions of Section 88-505.4.
(f) At the time of the hearing, the Court shall inform the patient and his representatives of his right to counsel if counsel has not been employed or appointed. If the patient or his repre sentatives request, the Court shall allow sufficient time for coun
sel to be employed and prepare for the case. If the patient cannot afford counsel, the Court shall appoint counsel and shall allow the appointed counsel sufficient time to prepare for the case. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. The Commission shall receive all relevant testimony and evidence. The physician who executed the certificate filed with the Court under Section 88-507.2 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit.
(g) Said examining committee shall file its written report with the Court within five days after completion of the examina tion hearing. If said examining committee's report is not unanimous to the effect that it finds the patient to be mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court without taking further action shall terminate the proceedings and dismiss the petition.
(h) If the examining committee unanimously reports that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall enter an order authorizing hospitalization of the patient. If the examining com mittee was convened by the Court under Section 88-507.3 (b), the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment.
If the examining committee was convened by the Court under Section 49-610, the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to an Evaluat ing Facility where he shall be admitted for evaluation. The patient may be detained in the Evaluating Facility for five days. If two physicians who have examined the patient within that five-day period conclude that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, they shall execute a hospitalization certificate stating such conclusion. The patient shall then be transferred to a Treatment Facility, where he shall be admitted for care and treatment, if the super intendent of the Evaluating Facility so recommends by endorsing such recommendation upon the hospitalization certificate. The cer tificate shall be filed with the department and copies shall be served on the patient and his representatives as provided in Sec tion 88-502.15. If a hospitalization certificate is not executed with in the five-day period during which the Evaluating Facility is
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authorized to detain the patient or if the superintendent of the Evaluating Facility does not recommend that the patient be trans ferred to a Treatment Facility, the patient shall be discharged forthwith under the provisions of Section 88-505.6.
(i) The hospitalization order and the report of the examining committee shall be delivered by the Court to the facility to which a patient is admitted under subsection (h) at or before the time the patient is admitted and shall be made a part of the patient's clinical record.
(j) The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months. If con tinued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.6.
GENERAL PROVISIONS
88-508.1. Authority of department to issue regulations.--The department is hereby authorized to issue and enforce regulations to implement the provisions of this Chapter in accordance with the intent of this Chapter to safeguard the rights of the mentally ill. In addition to the other powers provided by this Chapter, the department shall have the authority to prescribe the forms of applications, records, medical certificates, and any other forms re quired or used under the provisions of this Chapter and the infor mation required to be contained therein, to require such reports from superintendents as it may find necessary to the performance of its duties or functions, to visit regularly to review the hospi talization procedures applied to all patients, to determine the care and treatment being given any and all patients, to investigate complaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appropriate to carry out the provisions of this Chapter: Provided, however, that the requirements of this Section as to determina tion of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institu tion operated by or under the control of the United States Vet erans Administration or other federal agency.
88-508.2. Expenses of hearings; how paid.--
(a) The Ordinary shall draw his warrant upon the treasury of his county for such sum or sums as shall be actually necessary or requisite to defray the expense of proceedings pursuant to this Chapter and the services of any attorney appointed to represent a patient before the Court as provided for in this Chapter. Pro vided, however, that no money shall be drawn from the county trea sury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the sup port of such person shall be able or sufficient to defray such ex penses. The cost on appeal to the Superior Court shall be the same as provided for in other appeals from the Court of Ordinary.
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(b) The total costs to be paid to the Court of Ordinary for a hearing provided for under Section 88-505.3 and 88-506.4 shall be the sum of $40.00.
(c) For the hearing under Section 88-507.3 the sum to be paid to the members of the examining committee shall not exceed $10.00 and actual expenses to each member. The total costs to be paid to the Court of Ordinary for such hearing shall be the sum of $25.00.
(d) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient shall not exceed $10.00 and actual expenses. In exceptional circum stances, the attorney may apply to the Superior Court of the judi cial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein.
88-508.3. Compelling attendance of witnesses.--The Court of Ordinary may issue subpoenas for witnesses to appear in pro ceedings authorized by this Chapter and on failure of the witnesses to attend may compel attendance in the manner provided by law.
88-508.4. Procedure upon discovery that individual is a non resident.--If a hospitalized patient is discovered not to be a 'resi dent' as defined in Section 88-501 hereof, the superintendent of the Treatment Facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the State of his residence or to a publicly-owned or publicly-operated psychiatric hospital in the State of his residence. Provided, that nothing con tained in this Section shall prevent the voluntary hospitalization of such individual under this Chapter for which due payment is made by such individual or others on his behalf or prevent the transfer, custody, care, or treatment of such individual in accord ance with the terms of a reciprocal agreement between the State of Georgia and any other State, the District of Columbia, or Ter ritory or Possession of the United States. This Section shall not apply to persons confined to any facility operated by or under the control of the United States Veterans Administration or other federal agency.
88-508.5. Hospitalization by an agency of the United States.-- (a) If a patient ordered to be hospitalized pursuant to this Chap ter is eligible for hospital care or treatment by the United States Veterans Administration, the department, upon receipt of a cer tificate from such hospital showing that facilities are available and that the patient is eligible for diagnosis, care, or treatment therein, may transfer him to the custody of such agency for hos pitalization. When any such patient is admitted under this Section to any such hospital or institution within or without the State, he shall be subject to the rules and regulations of such agency. The chief medical officer of any hospital or institution operated by such agency in which the individual is so hospitalized shall with respect to such individual be vested with the same powers and duties as the superintendents of facilities within this State with respect to all matters within the provisions of this Chapter. Jurisdiction is retained in the appropriate Courts of this State at any time to inquire into the mental condition of an individual so hospitalized,
MONDAY, MARCH 3, 1969
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and to determine the necessity for continuance of his hospitalization, and to order his release and every transfer of a patient by the department pursuant to this Section is so conditioned.
(b) An order of a Court of competent jurisdiction of another State, Territory, or Possession, or of the District of Columbia authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situ ated the Court entering the order; and the Courts of the State, Territory, Possession or District issuing such order shall be deemed to have retained jurisdiction of the patient so hospitalized, for the purpose of inquiring into his mental condition and of deter mining the necessity for continuance of his hospitalization, as is provided in subsection (a) of this Section with respect to patients ordered hospitalized by the Courts of this State. Consent is hereby given to the application of the law of the State, Territory, Posses sion or District in which is located the Court issuing the order for hospitalization with respect to the authority of the chief medical officer of any hospital or institution operated in this State by the United States Veterans Administration or other federal agency to retain custody, transfer, furlough, or discharge the patient hos pitalized: Provided, however, that the provisions of this subsection shall apply only to hospitalization in any hospital or institution operated in this State by the United States Veterans Administra tion or other federal agency.
88-508.6. Private facilities.--Any private facility within this State may be approved as a Private Emergency Receiving Facility, a Private Evaluating Facility, or a Private Treatment Facility by the department at the request of or with the consent of the gov erning officers of such private facility. When so approved, the pri vate facility shall have all powers given to the corresponding type of facility under the provisions of this Chapter on Voluntary Admission, Emergency Admission, Admission for Evaluation and Involuntary or Nonobjecting Hospitalization, and shall have all duties and obligations of such facilities imposed by this Chapter except that any such private facility may decline to accept any patient who is unable to pay for hospitalization in such private facility or for whom space is not available in such private facility. The Courts of Ordinary may order or authorize a patient to be hospitalized in any such private facility under this Chapter only with the prior agreement of such private facility to receive the patient, and with the approval of the patient and his representa tives.
88-508.7. Validity of prior hospitalization orders.--No hos pitalization of a mentally ill person, lawful before the effective date of this Chapter, shall be deemed unlawful because of the en actment of this Chapter. The department is authorized to establish reasonable regulations to require that the superintendent of each Treatment Facility apply under Section 88-506.6 for an order authorizing continued hospitalization of any patient, for whom such hospitalization is necessary, who was initially hospitalized under an order of a Court of Ordinary prior to the effective date of this
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Chapter. Such prior orders of hospitalization entered by the Courts of Ordinary unless superseded by an order under this Chapter, shall remain valid until one year following the effective date of this Section, after which all such orders shall be null and void and of no effect.
88-508.8. Expenses for transporting and examining patients.-- The responsibility for paying the expenses for transporting pa tients and the expenses for examining and caring for patients which are not provided for under an Act approved March 23, 1960 (Ga. Laws 1960, p. 1138), relating to the payment of costs of care of persons admitted to State institutions under the Georgia De partment of Public Health, as amended, shall be in the following order:
(a) The patient or his estate;
(b) Persons legally obligated or legally responsible for the support of the patient;
(c) The county of the patient's legal residence, provided that the county governing authority passes an appropriate resolution assuming such responsibility;
(d) The department when the General Assembly appropriates funds for such purpose.
The department is hereby authorized to issue rules and regu lations governing the provisions of this Section as it relates to said department."
Section 2. Code Section 24-1901, relating to the subject matter jurisdiction of the Court of Ordinary, is hereby amended by striking the following:
"9. The issuing of commissions of lunacy in conformity to law.",
and inserting in lieu thereof the following:
"9. All such matters as may be conferred on them by Chap ter 88-5."
Section 3. Code Chapter 49-6, relating to the appointment of guardians, is hereby amended by striking Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611 in their entirety and inserting in lieu there of new Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611, to read as follows:
"49-604. Procedure for appointment of a guardian.--Guardians for persons who are mentally ill, mentally retarded, or mentally incompetent to the extent that they are incapable of managing
MONDAY, MARCH 3, 1969
791
their estates may be appointed by the several Ordinaries as fol lows:
(a) (1) At any time during procedures for the hospitalization of a patient under Chapter 88-5 or while a patient is hospitalized under such Chapter, any person in interest may file a petition under oath with the Court of Ordinary in the county of the pa tient's residence for the appointment of a guardian of the person or the property of the patient or both. The Court shall serve notice of the petition on the patient and his representatives under the provisions of Section 88-502.15. Upon the filing of such petition, the Court may request from the superintendent of any hospital where the patient is hospitalized an evaluation to determine wheth er or not the patient is mentally ill to the extent that he is in capable of managing his estate.
(2) If the patient is hospitalized in an Evaluating Facility and if the Court, upon an affidavit of the superintendent of the Evaluating Facility stating that the patient is mentally ill and incapable of managing his estate, finds that a guardian must be appointed immediately in order to protect the estate, the Court may enter an ex parte order appointing a temporary guardian to serve so long as the patient is in the Evaluating Facility. Such guardianship shall terminate automatically upon transfer or dis charge of the patient from the Evaluating Facility.
(3) Unless only a temporary guardianship is sought under the provisions of subsection (a) (2), the petition filed under sub section (a) (1) shall be supported by the affidavit of a physician stating that the patient is mentally ill and incapable of manag ing his estate and the Court shall conduct a hearing under the procedures specified in Section 88-506.4, if hospitalization of the patient is being sought under Section 88-506.3; under the proce dures specified in Section 88-507.3, if hospitalization is being sought under Section 88-507.2; or under the procedures specified in subsection 88-506.4 if the patient is then hospitalized in a Treat ment Facility. The Court may combine in one proceeding the hear ings on the issue of hospitalization and on the issue of the ap pointment of a guardian. If the finding in such a hearing is that the patient is mentally ill to the extent he is incapable of manag ing his estate, the Court may appoint a guardian of the person or property of the patient or both. In such event the Court shall enter a written opinion stating its findings of fact.
(b) In the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, upon the filing of a petition under oath alleging that the person is mentally incompetent, resulting from mental illness or other causes, and is incapable of managing his estate, with a physician's certifi cate to like effect being attached to such application, the Court of Ordinary of the county in which the allegedly mentally incompe tent person is found shall take jurisdiction. Thereafter, a hearing shall be held as provided in Section 88-507.3, and if the Commission finds that the person is mentally ill and incapable of managing his estate, the Court may appoint a guardian of the property or the
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person or both, provided that the Court shall not order the allegedly mentally incompetent person hospitalized. Guardians of persons mentally incompetent due to illness or other causes are authorized to arrange for a suitable place for their custody, care, treatment, or hospitalization in a humane manner, or to hospitalize them under the provisions of Section 88-503.1 if such a course shall be necessary in the interest of the welfare of such person or of the welfare of others of the community in which such person resides.
"49-605. Notice to Ordinary of discharge from a Treatment Facility; subsequent order by Ordinary; procedure for termination of guardianship when ward is not hospitalized or if ward is re stored to mental health to the extent he can manage his estate but remains hospitalized.--(a) Any person who has been involun tarily hospitalized under Sections 88-506.3, 88-506.4, or 88-507.3, or voluntarily hospitalized by his guardian under Section 88-503.1 for whom a guardian has been appointed and who has been dis charged from the Treatment Facility as being restored to mental health shall be deemed to be restored to mental health to the extent that he is capable of managing his estate and no longer in need of a guardian. The superintendent of the Treatment Facility, upon the release of the person restored to mental health shall notify the Court of Ordinary which appointed the guardian of such person. The judge of the Court of Ordinary, before the expiration of 30 days from the date of receipt of said notice shall enter an order declaring such person restored to mental health and capable of managing his estate and the guardian of such person shall forth with deliver over to such person his property, money and other effects in the hands of such guardian.
(b) Any person who has been restored to mental health to the extent that he is capable of managing his estate after having had a guardian appointed for his person or property may, per sonally or by attorney, petition the Ordinary of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment terminating the guardianship. Such petition may be brought even though such person is still subject to an order of hospitalization under Chapter 88-5. Such petition shall be accompanied by a certificate of a physician stating that he has personally examined such person and is of the opinion that such person is no longer mentally ill to the extent that he is in capable of managing his estate. Thereafter, upon notice to the guardian and the representatives of such person as required by Section 88-507.3, a hearing shall be set on the issue of whether such person is no longer mentally ill to the extent that he is in capable of managing his estate. If the guardianship was ordered following a hearing under Section 88-506.4, the hearing on the termination shall be held under the procedures of Section 88-506.4. If the guardianship was ordered following a hearing under Section 88-507.3, the hearing on the termination shall be held under the procedures of Section 88-507.3. The Court of Ordinary shall enter its order either denying or granting such petition, with further rights of appeal from the order of the Court of Ordinary as pro vided in Section 88-502.16.
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793
"49-606. Validity of prior guardianships.--No guardianship, lawful before the date of the amendment of Section 49-604 by this Act, shall be deemed unlawful because of said amendment, and any such guardianship shall continue subject to the provisions for termination of guardianship as provided in Section 49-605. It is the intent of this Section that from the effective date of Chapter 88-5 all orders respecting the guardianship of the mentally ill shall be governed by the provisions of this Chapter but that no new pro ceedings need be instituted for the continuation of guardianships pursuant to laws existing prior to the effective date of Chapter 88-5.
"49-610. Examining committee in certain counties.--In any county where there shall be only one physician licensed to practice medicine under the Georgia Medical Practice Act (Chapter 84-9) residing in the county, the committee provided for in Section 49-604 and Section 88-507.3 may be a committee of six reputable persons, one of whom shall be such physician and the remaining five shall be qualified jurors of the county not related to any person at interest in said cause. If no physician is available, an examining committee of six reputable persons who are residents of the coun ty and qualified jurors thereof shall be appointed. The examining committee appointed as provided herein shall make an examination and report its findings as provided in Section 49-604 and Section 88-507.3.
"49-611. Compensation; how paid.--The Ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in Section 49-610 in the same sum or sums as provided for in Section 88-508.2, except that the members qualified as jurors of the county shall be paid the same as paid for traverse jury duty in the county of hearing."
Section 4. Said Code Chapter 49-6 is further amended by repeal ing Code Section 49-612, relating to the confinement of insane persons, in its entirety.
Section 5. The provisions of Sections 88-502.1 through 88-502.18, relating to the rights of patients of Section 1 of this Act and Section 4, relating to repealing Code Section 49-612, shall become effective on June 1, 1969. All other provisions of this Act shall become effective on January 1, 1970.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Rowan of the 8th moved that action on SB 1 be postponed until March 4, and the motion prevailed.
Senator Rowan of the 8th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia,
Tuesday, March 4, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Searcey of the 2nd reported that the journal of yesterday's pro ceedings had been read and found correct.
Senator Johnson of the 38th moved that the Senate reconsider its action on the following bill of the Senate:
SB 23. 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; to provide for severability; to repeal conflicting laws; and for other purposes.
On the motion to reconsider, the ayes were 30, nays 8.
The motion prevailed, and SB 23 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Searcey of the 2nd 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Joe Griffeth, and as the nurse of the day, Mrs. Sharon Loucks.
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The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
HB 239. By Mr. Brown of the 32nd:
A bill to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable for any act or omission to act within the scope of his duties or activities except under certain circumstances; and for other purposes.
HB 274. By Messrs. Roach, Poole and Harris of the 10th and Wood of the llth:
A bill to amend an Act providing for one additional judge of the supe rior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.
HB 317. By Messrs. Chandler and Harrington of the 34th, Higginbotham of the 75th, Sweat of the 65th, Rush of the 51st, Thompson of the 85th and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, so as to provide that no person who is a member of the State Board of Cor rections shall be employed by the Board of Corrections in any capacity whatsoever; and for other purposes.
HB 329. By Messrs. Matthews of the 16th and Barber of the 115th:
A bill to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.
HB 352. By Messrs. Smith of the 43rd, Harris of the 77th, Floyd of the 7th and Melton of the 32nd:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to provide for a Fiscal Officer for the Legislative Branch of Government; and for other pur poses.
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JOURNAL OF THE SENATE,
HB 413. By Messrs. Jones of the 59th and Caldwell of the 39th:
A bill relating to credit transactions and the creation of debt pursuant to a lender credit card arrangement and constituting the Lender Credit Card Act; and for other purposes.
HB 452. By Mr. Games of the 104th:
A bill to amend an Act known and cited as the "Unliquidated Dam ages Interest Act", so as to remove the $5,000 limitation, and thus to make the Act applicable to each action ex delicto in which there is a claim for unliquidated damages; and for other purposes.
HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Lambert of the 25th and Howell of the 60th:
A bill to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, so as toprovide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; and for other purposes.
HB 561. By Messrs. McCracken of the 36th, Howell of the 60th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th:
A bill to amend Code Section 24-1707, relating to the method of filling vacancies in the office of ordinary, so as to provide that special elec tions called for the purpose of filling vacancies in the office of the ordinary shall be conducted in conformity with the Georgia Election Code; and for other purposes.
HE 181. By Messrs. Coiling of the 62nd, Reaves of the 71st, Russell and Keyton of the 70th:
A resolution expressing opposition to the Federal Communications. Commission's proposal to ban cigarette advertising on radio and tele vision; and for other purposes.
HR 196. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A resolution proposing an amendment to the Constitution so as toprovide that, unless the amendment itself shall provide otherwise, an amendment to the Constitution shall become effective on the first day of January following its ratification; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
TUESDAY, MARCH 4, 1969
797
SB 233. By Senator London of the 50th:
A bill to amend an Act placing the sheriff of Pannin County upon an annual salary, so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 234. By Senator Bateman of the 27th:
A bill to amend an Act which provides a schedule of license fees for motor vehicles, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of passen gers, whether or not they are operated under the jurisdiction of the Georgia Public Service Commission; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SR 89. By Senators Smith of the 18th, Plunkett of the 30th, Coggin of the 35th, and others:
A resolution amending the Rules of the Senate; and for other purposes.
Referred to Committee on Rules.
SR 90. By Senators Rowan of the 8th, Eldridge of the 7th and Andrews of the 49th:
A resolution creating the Homestead Exemption Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 91. By Senators Chapman of the 32nd and Hardy of the 56th:
A resolution relative to aid to families with dependent children; and for other purposes.
Referred to Committee on Health and Welfare.
The following bills and resolutions were read the first time, and referred to committees:
HB 239. By Mr. Brown of the 32nd:
A bill to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable
798
JOURNAL OF THE SENATE,
for any act or omission to act within the scope of his duties or activi ties except under certain circumstances; and for other purposes.
Referred to Committee on Judiciary.
HB 274. By Messrs. Roach, Poole and Harris of the 10th and Wood of the llth:
A bill to amend an Act providing for one additional judge of the superior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.
Referred to Committee on Judiciary.
HB 317. By Messrs. Chandler and Harrington of the 34th, Higginbotham of the 75th and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, so as to provide that no person who is a member of the State Board of Corrections shall be employed by the Board of Corrections in any capacity whatsoever; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
HB 352. By Messrs. Smith of the 43rd, Harris of the 77th, Ployd of the 7th and Melton of the 32nd:
A bill to amend an Act creating the Legislative Services Committee and the office of Legislative Counsel, so as to provide for a Fiscal Officer for the Legislative Branch of Government; and for other pur poses.
Referred to Committee on Appropriations.
HB 329. By Messrs. Matthews of the 16th and Barber of the 15th:
A bill to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.
Referred to Committee on Scientific Research.
HB 413. By Messrs. Jones of the 59th and Caldwell of the 39th:
A bill relating to credit transactions and the creation of debt pursuant to a lender credit card arrangement and constituting the Lender Credit Card Act; and for other purposes.
Referred to Committee on Banking and Finance.
TUESDAY, MARCH 4, 1969
799
HB 452. By Mr. Carnes of the 104th:
A bill to amend an Act known and cited as the "Unliquidated Damages Interest Act", so as to remove the $5,000 limitation, and thus to make the Act applicable to each action ex delicto in which there is a claim for unliquidated damages; and for other purposes.
Referred to Committee on Judiciary.
HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 561. By Messrs. McCracken of the 36th, Howell of the 60th, Higginbotham of the 75th and others:
A bill to amend Code Section 24-1707, relating to the method of filling vacancies in the office of ordinary, so as to provide that special elec tions called for the purpose of filling vacancies in the office of the ordinary shall be conducted in conformity with the Georgia Election Code; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HR 181. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell and Keyton of the 70th:
A resolution expressing opposition to the Federal Communications Commission's proposal to ban cigarette advertising on radio and tele vision; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HR 196. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A resolution proposing an amendment to the Constitution so as to provide that, unless the amendment itself shall provide otherwise, an amendment to the Constitution shall become effective on the first day of January following its ratification; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
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JOURNAL OP THE SENATE,
The following resolutions were read and adopted:
SR 87. By Senators Stephens of the 36th, Garrard of the 37th, Smith of the 34th, Hardy of the 56th, Chapman of the 32nd and others:
A resolution commending and congratulating Dr. James Pickett Wesberry; and for other purposes.
SR 92. By Senator Kidd of the 25th:
A resolution expressing appreciation to WSB Radio; and for other purposes.
The following bills and resolutions were read the second time:
SB 223. By Senator Rowan of the 8th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the minimum sum in determiningthe funds needed by local units of administration for maintenance,, operation and sick lease expenses not otherwise provided in said Act; to repeal conflicting laws; and for other purposes.
SB 224. By Senator Carter of the 14th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State government and local governments in the cost of the Minimum Foundation Program of Education; to repeal con flicting laws; and for other purposes.
SB 225. By Senator Kidd of the 25th:
A bill to provide that any person, firm or corporation that makes re pairs to any dwelling or building and the cost of such repairs is wholly or partially covered by insurance shall be compensated directly for the cost of such repairs by the insurance company insuring such dwelling or building; to repeal conflicting laws; and for other purposes.
SB 226. By Senators Trippe of the 31st and Adams of the 5th:
A bill to provide that foreign merchandise in transit shall acquire nositus in this State for the purpose of property taxation; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 4, 1969
801
SB 227. By Senator Smith of the 34th:
A bill to provide that it shall be unlawful for any person to hunt deer in this State unless he shall wear some article of clothing above the waist clearly visible from both front and rear which shall be bright hunters red or orange in color; to provide for penalties; and for other purposes.
SB 228. By Senator Spinks of the 9th:
A bill to create the Camden Recreation Authority as an instrumentality of the State; to repeal conflicting laws; and for other purposes.
SB 229. By Senator Spinks of the 9th:
A bill to create Camden Recreation Commission as a commission and agency of the State Government; to repeal conflicting laws; and for other purposes.
SB 230. By Senator Spinks of the 9th:
A bill to provide for and authorize the governing authorities of counties having a population between 9,750 and 10,000 according to the U. S. Census of 1960 or any subsequent U. S. Census to pass and adopt zoning and planning laws whereby such counties may be zoned or districted for various uses and other or different uses prohibited therein, and regu lating the plans for development and improvements on real estate therein; and for other purposes.
SB 231. By Senator Spinks of the 9th:
A bill to provide for the construction of welcome centers at or near the entrance of Federal highways into this State; to repeal a specific law; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 232. By Senator London of the 50th:
A bill to create a Board of Commissioners of Rabun County; to repeal conflicting laws; and for other purposes.
HB 163. By Mr. Alexander of the 108th:
A bill to amend Code Section 38-2111, relating to the refusal to make discovery and the consequences thereof, so as to provide for reasonable attorneys' fees for delay in answering interrogatories under certain cir cumstances; and for other purposes.
802
JOURNAL OF THE SENATE,
HB 334. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A bill to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and dis charge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
HB 336. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others:
A bill to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia vet erans to and from hospitals, so as to authorize said Department to also transport Georgia veterans to, from and between facilities operated by the Veterans Service Board for the care and treatment of veterans; and for other purposes.
HB 433. By Messrs. Barber of the 15th, Russell and Keyton of the 70th and Smith of the 43rd:
A bill to amend an Act creating the Georgia Higher Education Assist ance Corporation, so as to increase the surety bond required of the Executive Director of the corporation; to authorize the Board to defer repayment of certain loans; and for other purposes.
HB 615. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act incorporating the Town of Alto, so as to au thorize the Mayor and Council of the Town of Alto to levy a tax of not more than 20 mills on all property within the corporate limits of said town; and for other purposes.
HB 619. By Messrs. Bennett, Reaves and Barfield of the 71st:
A bill to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, so as to alter the corporate limits; and for other purposes.
HB 621. By Messrs. Connell and Dent of the 79th, Miles of the 78th and others:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; to change the time during which notification of candidacy shall be filed; and for other purposes.
HB 622. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act providing an annual salary for the treasurer of Haralson County, so as to authorize the treasurer to direct the county
TUESDAY, MARCH 4, 1969
803
commissioner to pay any part of his salary as treasurer to employees in his office; and for other purposes.
HB 623. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and ordinary of Haral son County; and for other purposes.
HB 624. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the salary of the county commissioner of Haralson County; and for other purposes.
HB 625. By Messrs. Snow, Hale and Crowe of the 1st: A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to provide that the sheriff shall have the authority to place orders for the purchase of certain supplies, equipment and materials; and for other purposes.
HB 628. By Messrs. Adams of the 100th, Brantley of the 114th, Gates of the 95th and others: A bill to amend an Act creating a Civil Service Board in Fulton County, so as to change the compensation of the members of the said Civil Service Board; and for other purposes.
HB 631. By Messrs. Salem and Rush of the 51st: A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
HB 632. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
HB 633. By Messrs. Jones, Pickard and Buck of the 84th and others:
A bill to amend the Act creating the Board of Commissioners of Muscogee County to empower the Commissioners of Muscogee County to enact ordinances for the policing of the public property, streets, and roads of said County, and the Muscogee County Airport; and for other purposes.
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JOURNAL OF THE SENATE,
HB 634. By Mr. Brooks of the 17th:
A bill to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.
HR 128. By Mr. Paris of the 14th:
A resolution authorizing the Governor, on behalf of the State of Geor gia, to convey to Plantation Pipe Line Company, an easement for rightof-way purposes for a petroleum products pipeline across certain lands of Fort Yargo State Park in Barrow County, Georgia; and for other purposes.
HR 178. By Messrs. Dodson of the 82nd, Scarborough and Pinkston of the 81st and others:
A resolution authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and interest which the State possesses in a certain tract of land; and for other purposes.
HR 199. By Messrs. Dodson of the 82nd, Knapp, Evans and Pinkston of the 81st:
A resolution authorizing the Governor to convey an easement to the Macon-Bibb County Hospital Authority and empowering the Governor to execute an appropriate instrument of conveyance; and for other purposes.
HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Adams of the 100th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to de lete therefrom all references to non-partisan primaries; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd and Russell and Keyton of the 70th:
A bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
HR 222. By Messrs. Ware of the 30th, Floyd of the 7th, Gignilliat of the 89th, Dean of the 19th and others:
A resolution authorizing the placing of a "Flame of Freedom" on the grounds of the State Capitol by The American Legion, Department of
TUESDAY, MARCH 4, 1969
805
Georgia, in commemoration of the 50th Anniversary of The American Legion; and for other purposes.
HB 572. By Mr. Connell of the 79th:
A bill to provide that a law enforcement officer may arrest persons ac cused of violating any law or ordinance governing the operation, li censing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; and for other purposes.
Scripture reading and prayer were offered by the Reverend Ernest Veal, Pastor, Camilla Methodist Church, Camilla, Georgia.
By unanimous consent, the calling of the roll was dispensed with.
The following report of a standing committee was read by the secretary:
Senator Holloway of the 12th 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 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 214. Do pass.
HB 458. Do pass.
Respectfully submitted, Holloway of 12th 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 55. By Senators Coggin of the 35th, Johnson of the 38th, Stephens of the 36th 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 of Fulton County, and for other purposes," ap proved Feb. 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to increase
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JOURNAL OF THE SENATE,
the amount of dependent benefits from 50% to 60%; and for othei purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 213. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of county commissioners of" Baldwin County, approved Dec. 26, 1888 (Ga. L. 1888, p. 256), as amended, so as to change the compensation which may be paid to said county commissioners; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 204. By Mr. Henderson of the 117th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for the number of Assistant District Attorneys that may be employed by the District Attorney; to provide for compensation of the District Attorney and Assistant District Attorney; 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 42, nays 0. The bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 4, 1969
807
HB 200. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act providing a new charter for the City of Clarkesville, so as to authorize the Mayor and Council of the City of Clarkesville to determine and fix their own compensation by ordinance, and to provide for a method of reimbursement of expenses which have been incurred in performing official duties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 254. By Messrs. Henderson, Wilson and Housley of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for the qualifications of Assistant Solicitors of said Court who are assigned thereto by the District Attorney of the Cobb Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 292. By Mr. Mason of the 13th:
A bill to repeal an Act entitled, "An Act to establish the city court of Buford, in the City of Buford, in the County of Gwinnett"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 308. By Mr. Lewis of the 37th:
A bill to authorize and direct the governing authorities of Burke County to provide additional compensation to the secretary of the Senior Judge of the Augusta 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 395. By Messrs. Atherton, Burruss, Wilson, Kreeger, McDaniell and Henderson of the 117th:
A bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide that the mayor 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 405. By Messrs. Kreeger, Housley, Atherton, McDaniell and Burruss of the 117th:
A bill to amend an Act creating a new charter for the City of Smyrna,
so as to amend said charter in order to add a new section to said charter
.;..
to be known as Section 4 (q) of said charter in order to increase the
corporate limits of the City of Smyrna; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 4, 1969
809
HB 427. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to change the procedure for the sale and disposition of property belonging to the City of Thomson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 450. By Messrs. Gunter and Moore of the 6th: A bill to authorize the governing authority of Habersham County to es tablish special fire protection districts throughout the county and to levy taxes upon the taxable property therein for the purposes of con structing, obtaining and maintaining fire protection facilities 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 477. By Messrs. Graves, Toles and Lowrey of the 9th: A bill to amend an Act creating a new charter for the City of Rome, so as to clarify the powers and duties of the City Manager of the Rome City Commission with respect to the appointment, discharge and govern ing of chiefs of fire control of 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 503. By Messrs. Kreeger, Atherton, Wilson, Housley, Burruss and Henderson of the 117th:
A bill to amend an Act incorporating the City of Powder Springs, so as to provide for election of Mayor and City 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 504. By Messrs. Kreeger, Housley, Atherton, Burruss, Wilson and Henderson of the 117th: A bill to provide for the compensation of the Judge of the Cobb County Juvenile 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 506. By Messrs. Russell and Keyton of the 70th: A bill to amend an Act creating a new charter for the Town of Meigs, so as to extend the corporate limits of said Town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 4, 1969
811
KB 508. By Messrs. Kreeger, Wilson, Atherton, Housley and Henderson of the 117th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of Tax Commissioner 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.
The report 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 512. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act creating the State Court of Laurens 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 516. By Messrs. Cole and Leonard of the 3rd: A bill to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 520. By Messrs. Paris of the 14th, Mauldin and Milford of the 12th and Barber of the 15th:
A bill to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, so as to change said salary; to provide said salary shall 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 526. By Mr. Wamble of the 69th:
A bill to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of the city, by including therein all territory, par cels of land and tracts heretofore annexed to or purported to be incorpo rated within the limits of the city by City Annexation Ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 530. By Messrs. Kreeger, McDaniell, Housley, Atherton and Burruss of the 117th: A bill to amend an Act known as the "Cobb County Civil Service System Act", so as to provide that the governing authority of Cobb County, may by resolution, place certain department heads under the Civil Service System and under certain conditions remove department heads from the provisions of this Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
TUESDAY, MARCH 4, 1969
813
The bill, having received the requisite constitutional majority, was passed.
HB 535. By Messrs. Kreeger, Wilson, Atherton, Housley, Burruss, Henderson and McDaniell of the 117th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues of Cobb County, so as to empower said board to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for other purposes.
The report 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 541. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Thompson of the 86th:
A bill to create the Muscogee County Charter Commission; to provide for all procedures and matters 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 555. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Jasper County and providing in lieu thereof an annual salary, so as to change the compensation of said sheriff; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
814
JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act creating the City of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 552 by striking the figures "$400.00" where they appear in Section 2 and Section 3 of said Act and substituting in lieu thereof the figures "$1200.00".
On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, 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 as amended.
Senator Abney of the 53rd gave notice that at the proper time he would move that the Senate reconsider its action on HB 552.
HB 556. By Mr. Hadaway of the 27th:
A bill to amend an Act creating the Board of County Commissioners of Jasper County, so as to change the compensation of the chairman and members of said commission, and to provide for reimbursement of cer tain expenses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, MARCH 4, 1969
815
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 574. By Messrs. Davis, Ployd, Higginbotham and Westlake of the 75th, Dean of the 76th and others:
A bill to amend an Act creating a chairman and Board of County Com missioners of DeKalb County, so as to require the publication of audits on a quarterly basis; to authorize the commission to publish additional information; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 72. By Senators Coggin of the 35th, Stephens of the 36th, Smith of the 34th and others:
A RESOLUTION
Proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to issue bonds without a referendum election under certain conditions; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article 7, Section 7 of the Constitution as amended, is further amended by adding to the end of said Section the following:
"provided, however, Fulton County may issue general obliga tion bonds for any permanent public improvement having antici pated life equal to or greater than the period within which said bonds are to be amortized, without submitting the issuance thereof to the voters of said County at a referendum, subject to the follow ing restrictions and limitations:
1. The issuance of such bonds shall be authorized at a public meeting held for such purpose after at least ten (10) days' notice thereof in the official organ of said County and in at least one (1) of the daily newspapers of said County.
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JOURNAL OF THE SENATE,
2. Not more than three million dollars ($3,000,000.00) in the aggregate in such bonds so issued without a referendum shall be issued in any fiscal year.
3. The aggregate of all outstanding bonds, including those is sued by vote of the people in a referendum and those issued under this amendment without a referendum, shall not exceed the limita tions provided elsewhere in this Section."
Section 2. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken 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
To authorize Fulton County to issue not more than
()
three million ($3000,000.00) Dollars in General Obli
gation Bonds in any fiscal year without a refer-
AGAINST endum, but subject to a public hearing and the limita-
()
tions imposed."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th
Carter Chapman Coggin Cox Dean Doss Eldridge
Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill
Holley Holloway Hudgins Jackson Johnson Kennedy Kidd McGill Miller Noble
TUESDAY, MARCH 4, 1969
817
Padgett Pennington Reeder Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th
Smith of 84th Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispenesd with.
On the adoption of the resolution, the ayes were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 73. By Senators Stephens of the 36th, Smith of the 34th, Coggin of the 35th and others:
A RESOLUTION
Proposing an amendment to Article 7, Section 7 of the Constitu tion, so as to authorize Fulton County to levy an annual tax upon each automobile licensed to operate in said county, in an amount not to ex ceed $5.00 for each such automobile; to provide that the payment of such tax shall be evidenced by a stamp or decal to be affixed to the windshield of said car and to be issued when the license tag on such automobile is obtained; to provide for the use of the proceeds of said tax; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article 7, Section 7 of the Constitution as amended, is further amended by adding to the end of said Section the following language:
"Notwithstanding any other provision of this Constitution, Fulton County is authorized to levy an annual tax upon each auto mobile licensed to operate in said county, in an amount not to ex ceed $5.00 for each such automobile. The payment of such tax shall be evidenced by a stamp or decal to be affixed to the windshield of said car, and to be issued when the license tag on such automobile is obtained. The proceeds from the levy of such tax shall be used exclusively for the planning and construction of roads and bridges and other public transportation facilities in both the incorporated and unincorporated areas of such county."
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Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution of Georgia, authorizing Fulton County to levy an annual tax not to exceed $5.00 of each automobile licensed in said county."
"Against ratification of amendment to the Constitution of Georgia, authorizing Fulton County to levy an annual tax not to exceed $5.00 on each automobile licensed in said county."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss
Eldridge Fincher of 51st Fincher of 54th Garrard
Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd McGill Miller
Noble Padgett Pennington Reeder
Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger Vann
Walling Ward Webb Zipperer
TUESDAY, MARCH 4, 1969
819-
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 143. By Messrs. Atherton, McDaniell, Burruss, Wilson, Kreeger and Henderson of the 117th:
A RESOLUTION
Proposing an amendment to Article VII, Paragraph I of the Consti tution to provide that no additional bonds shall ever be hereafter issued pursuant to said amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (HR 193-475, Georgia Laws 1965, p. 680 et. seq. and ratified at the General Election held on No vember 8, 1966) and to preserve and protect the rights and interests of the owners or holders of bonds heretofore issued pursuant to said amendment; to authorize the City of Marietta to incur an additional indebtedness for school purposes and evidence same by the issuance of its general obligation school bonds in an amount not to exceed seven per centum (7%) of all property within said city subject to taxationfor bond purposes, which debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution and the annual seven (7) mill tax limitation imposed by an amendment to Article VII, Section VII, Para graph I of the Constitution; to authorize the City to levy taxes without limitation as to rate or amount sufficient to pay the principal of and in terest on said bonds as same mature; 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 that:
Section 1. Article VII, Paragraph I of the Constitution of the Stateof Georgia is hereby amended by adding at the end thereof the fol lowing:
"No additional school bonds shall ever be hereafter issued pursuant to an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (HR 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Election held on November 8, 1966). It is further expressly provided, however, that anything in this amendment to the contrary notwithstanding nothing herein contained shall be construed as adversely affecting the rights and interests of the owners or holders of bonds hereto fore issued pursuant to said amendment, which rights and interests
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JOURNAL OP THE SENATE,
of said bondholders are hereby expressly preserved and protected and the governing body of the City of Marietta is required to levy and shall levy to the extent necessary an annual tax not to ex ceed seven (7) mills to pay the principal of and interest on said school bonds heretofore issued pursuant to said amendment as same mature.
Anything in this Constitution to the contrary notwithstanding the City of Marietta, located in Cobb County, Georgia, is hereby authorized to incur an additional indebtedness for school purposes and evidence same by the issuance, from time to time, of its direct general obligation school bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property within the City subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution and the annual seven (7) mill tax limitation imposed by the amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (HR 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Election held on November 8, 1966). Nothing herein contained shall limit or otherwise affect the amount of bonds the City of Marietta may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said City is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as they mature. The issuance or non-issuance of said school bonds shall be submitted to the registered, qualified voters of the City for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. The provisions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon the City of Marietta under the Constitution and laws of the State of Georgia. This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the Gen eral Assembly may by law grant further and additional powers to the City not inconsistent with the provisions of this amend ment."
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 provide that no additional school bonds shall ever be hereafter issued pursuant to an amendment to Article VII, Sec-
TUESDAY, MARCH 4, 1969
821
tion VII, Paragraph I of the Constitution of the State
of Georgia (HR 193-475, Georgia Laws 1965, p. 680 NO ( ) et seq. and ratified at the General Election held on
November 8, 1966) and to preserve and protect the rights and interests of the owners or holders of bonds heretofore issued pursuant to said amendment and to authorize the City of Marietta to issue its general ob ligation school bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purpose, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and the annual seven (7) mill tax limita tion imposed by an amendment to Article VII, Section VII, Paragraph I of the Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature."
All persons desiring to vote in favor of adopting the proposed amendment shall do so by voting YES as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting NO as to the question propounded.
If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for mem bers of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss
Eldridge Pincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill " Holley Holloway Hudgins Jackson Johnson
Kennedy Kidd McGill Miller Noble Padgett Pennington Reeder Reynolds Riley Rowan Scott Searcey
.822
Smalley Smith of 18th Smith of 34th Starr
JOURNAL OF THE SENATE,
Stephens Trippe Tysinger Vann
Walling Ward Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 172. By Mr. Barber of the 15th, Mr. Russell of the 70th and Mr. Smith of the 43rd: A bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to increase the amount of the surety bond required of the Executive Director 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 90. By Mr. Colwell of the 5th: A resolution designating a certain highway in Union and White Coun ties, Georgia, as the Richard B. Russell Scenic Highway; 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.
TUESDAY, MARCH 4, 1969
823
HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for vocational schools; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend HB 272 by striking from the second sentence of "Section 33" of Section 1 the word "earnings" and substituting therefor the words "teachers earned".
On the adoption of the amendment, the ayes were 36, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed! as amended.
HB 303. By Mr. Hale of the 1st:
A bill to abolish the right of dower; to repeal Title 31 of the Code of Georgia relating to dower; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 3.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate, read the third time on March 3rd and post poned until today, was taken up for consideration:
SB 1. By Senators Rowan of the 8th, Adams of the 26th, Kidd of the 25th and; others:
A bill to amend Code Title 88 known as the "Georgia Health Code", approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, so as to revise comprehensively the laws relating to hospitalization and release of mentally ill persons by providing a procedure for the voluntary ad mission of patients, emergency admission of patients, admission of pa-
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JOURNAL OP THE SENATE,
tients for evaluation, nonobjecting or involuntary hospitalization of pa tients, and judicial hospitalization of patients to hospitals for the men tally ill; and for other purposes.
Senator Miller of the 43rd offered the following amendment to the committee substitute:
Amend committee substitute to SB 1 by deleting the last phrase of Section 88-502.1 which reads "because of race, creed, or national origin", and insert thereof the words "any person".
On the adoption of the amendment to the committee substitute, the ayes were 37, nays 2, and the amendment was adopted.
On the adoption of the committee substitute as amended, the ayes were 38, nays 5, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 45, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crim inal Code, approved April 10, 1968 (Ga. L. 1968, p. 1249), so as to repeal the code section relating to the improper use of a credit card; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. Laws 1968, p. 1249), so as to repeal the Code Section relating to the improper use of
TUESDAY, MARCH 4, 1969
825
a credit card; to provide for a new Code Chapter relating to the illegal use of credit cards; to provide for definitions; to provide for false state ments as to financial condition or identity; to provide for credit card theft; to provide for forgery of a credit card; to provide for credit card fraud; to provide for presumption of knowledge of revocation or a credit card under certain circumstances; to provide for criminal possession of credit card under certain circumstances; to provide for criminal receipt of goods and services fraudulently obtained and for the presumption of criminal receipt of goods and services fraudulently obtained; to provide for penalties in connection with the foregoing; to provide for all matters relative to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimi nal Code, approved April 10, 1968 (Ga. Laws 1968, p. 1249), is hereby amended by striking Code Section 26-1705, relating to improper use of a credit card, in its entirety and by substituting in lieu thereof new Code Sectons 26-1705 through 26-1705.8 to read as follows:
"Code Section 26-1705. Illegal Use of Credit Cards. The following words and phrases as used in Code Sections 26-1705 through 26-1705.8 unless a different meaning is plainly required by the context, shall have the following meanings:
(a) 'Cardholder' means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
(b) 'Credit card' means any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or other thing of value on credit.
(c) 'Expired credit card' means a credit card which is no longer valid because the term shown on it has elapsed.
(d) 'Issuer' means the business organization or financial institu tion which issues a credit card or its duly authorized agent.
(e) 'Receives' or 'receiving' means acquiring possession or control or accepting as security for a loan.
(f) 'Revoked credit card' means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
"26-1705.1. False statement as to financial condition or identity. A person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting his identity or his financial condition
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JOURNAL OF THE SENATE,
for the purpose of procuring the issuance of a credit card, violates this Section, and upon conviction thereof, shall be subject to the penalties set forth in subsection (a) of Section 26-1705.8.
"26-1705.2. Credit card theft, (a) A person is guilty of credit card theft when:
(1) He takes, obtains or withholds a credit card from the person, possession, custody or control of another without the cardholder's consent or who, with knowledge that it has been so taken, ob tained or withheld, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder; or
(2) He receives a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder; or
(3) He, not being the issuer, sells a credit card or buys a credit card from a person other than the issuer; or
(4) He, not being the issuer, during any twelve-month period, receives credit cards issued in the names of three or more per sons which he intends to use in an illegal manner and has reason to know were taken or retained under circumstances which consti tute a violation of paragraph (3) of subsection (a) of Section 261705.4 paragraph (3) of subsection (a) of this Section.
(b) Conviction of credit card theft is punishable as provided in subsection (b) of Section 26-1705.8.
"26-1705.3. Forgery of credit card, (a) A person is guilty of credit card forgery when:
(1) With intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, he falsely makes or falsely embosses a purported credit card or utters such a credit card; or
(2) He, not being the cardholder or a person authorized by him, with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit card.
(b) A person falsely makes a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card or a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or altersa credit card which was validly issued.
TUESDAY, MARCH 4, 1969
827
(c) A person falsely embosses a credit card when, without the authorization of the named issuer, he completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used
by a cardholder.
(d) Conviction of credit card forgery shall be punishable as pro vided in subsection (b) of Section 26-1705.8.
"26-1705.4. Credit card fraud.
(a) A person is guilty of credit card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services or other thing of value, or any other person, he
(1) Uses for the purpose of obtaining money, goods, services or other thing of value a credit card obtained or retained in viola tion of Section 26-1705.2 or a credit card which he knows is forged, expired or revoked; or
(2) Obtains money, goods, services or other thing of value by representing without the consent of the cardholder that he is the holder of a specified card or by knowingly and falsely representing that he is the holder of a card and such card has not in fact been issued; or
(3) Obtains control over a credit card as security for a debt.
(b) The use of a revoked credit card for the purpose of obtaining credit shall be prima facie evidence of knowledge that the credit card had been revoked if the purchaser shall not have paid to the issuer of the credit card the total amount of the credit purchase within 30 days after receiving written notice that such credit card had been revoked at the time the purchase was made, which notice shall also state the amount due on such purchase.
(c) A person who is authorized by an issuer to furnish money, goods, services or other thing of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, is guilty of a credit card fraud when, with intent to defraud the issuer or the cardholder, he
(1) Furnishes money, goods, services or other thing of value upon presentation of a credit card obtained or retained in violation of Section 26-1705.2, or a credit card which he knows is forged, expired or revoked; or
(2) Alters a charge ticket or purchase ticket to reflect a larger amount than that approved and signed by the cardholder; or
(3) Fails to furnish money, goods, services or other thing of value in the amount which he represents in writing to the issuer
828
JOURNAL OF THE SENATE,
that he has furnished. For the purposes of this paragraph, a writing shall include any purchase ticket, charge ticket, or other item signed by the user of the credit card which is sent to the issuer of the credit card for billing purposes.
(d) Conviction of credit card fraud is punishable as provided in subsection (a) of Section 26-1705.8 if the value of all money, goods, services and other things of value furnished in violation of this Section,, or if the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished in violation of this Section, does not exceed one hundred dollars in any single transaction or five hundred dollars in any six-month period; conviction of credit card fraud is punishable as provided in subsection (b) of Section 26-1705.8 if such value exceeds one hundred dollars in any single transaction or fivehundred dollars in any six-month period.
"26-1705.5. Criminal possession of credit card forgery devices.
(a) A person is guilty of criminal possession of credit card for gery devices when:
(1) He is a person other than the cardholder and possessestwo or more incomplete credit cards, with intent to complete them without the consent of the issuer; or
(2) He possesses, with knowledge of its character, machinery,, plates or any other contrivance designed to reproduce instruments purporting to be credit cards of an issuer who has not consented to the preparation of such credit cards.
(b) A credit card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be issued by a cardholder, has not yet been stamped, embossed, imprinted or written upon.
(c) Conviction of criminal possession of credit card forgery de vices is punishable as provided in subsection (b) of Section 26-1705.8.
"26-1705.6. Criminal receipt of goods and services fraudulently obtained. A person is guilty of criminally receiving goods and services fraudulently obtained when he receives money, goods, services or any thing else of value obtained in violation of subsection (a) of Section 26-1705.4 with the knowledge or belief that the same were obtained in violation of subsection (a) of Section 26-1705.4. Conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (a) of Section 26-1705.8 if the value of all money, goods, services and anything else of value, obtained in violation of this Section, does not exceed one hundred dollars in any single transaction or five hundred dollars in any six-month period; conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (b) of Section 26-1705.8 if such value exceeds one hundred dollars in any single transaction or five hundred dollars in any six-month period.
TUESDAY, MARCH 4, 1969
829
"26-1705.7. Presumption of criminal receipt of goods and services fraudulently obtained. A person who obtains at a discount price a ticket issued by an airline, railroad, steamship or other transportation company from other than an authorized agent of such company which was acquired in violation of subsection (a) of Section 26-1705.4 without reasonable inquiry to ascertain that the person from whom it was ob tained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of subsection (a) of Section 26-1705.4, if said ticket shows on its face that it was issued through the use of a credit card or that it is otherwise 'non-refundable'.
"26-1705.8. Punishment and penalties, (a) A person who is sub ject to the punishment and penalties of this subsection shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year, or both.
(b) A crime punishable under this subsection is a felony and shall be punished by a fine of not more than five thousand dollars ($5,000.00) or imprisonment for not less than one (1) year nor more than five (5) years, or both."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Coggin of the 35th offered the following amendment to the com mittee substitute to SB 115:
Subsection (b) of Section 26-1705 should be amended by inserting the words "or a credit number" before the word "issued" in the third line of said subsection, so that the subsection as amended would read as follows:
"(b) 'credit card' means any instrument or device, whether known as a credit card, credit plate, or by any other name, or a credit number, issued with or without fee by an insurer for the use of the cardholder in obtaining money, goods, services or any thing else of value on credit (this shall not be construed to include negotiable instruments)."
On the adoption of the amendment to the committee substitute, the ayes were 33, nays 0, and the amendment was adopted.
On the adoption of the committee substitute as amended, the ayes were 41, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 42, nays 0.
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The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Johnson of the 38th moved that SB 115 be immediately transmitted to the House.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
The report of the Committee of Conference was as follows:
The Conference Committee on HB 128 recommends that the Senate and: House of Representatives both recede from their positions, and that the at tached Conference Committee Substitute to HB 128 be adopted.
FOR THE SENATE: Frank E. Coggin Senator, 35th District Render Hill
Senator, 29th District Robert H. Smalley, Jr.
Senator, 28th District
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
G. D. Adams, Jr. Representative, 100th District
Guy Hill Representative, 97th District
Dick Lane Representative, 101st District
A BILL
To be entitled an Act to provide certain requirements in connec tion with blasting or excavating in the vicinity of underground gas pipes and other facilities; to provide for the purpose of this Act; to provide certain definitions; to provide that persons engaged in the distribution or transmission of gas shall file maps showing the location of their service areas or underground pipes or other facilities with the Clerk of the Superior Court of the County where the same are located; toprovide for the maintenance of a file of such maps by such Clerks, and the fees therefor; to provide for filing maps by municipal natural gas distribution systems; to provide that no person shall engage in blasting or in excavating with mechanized excavating equipment until such person has examined such maps and certain other conditions have occurred; to provide for such other conditions; to provide that persons planning such blasting or excavating will give certain written notices to gas companies under certain conditions; to provide for the contents of such notice and such conditions; to provide that the gas companies involved will furnish written statements in response to such notices;
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831
to provide for the contents of such statements; to provide that on certain conditions gas companies will stake or mark the location of their underground gas pipes and other facilities; to provide such condi tions; to provide that persons engaged in blasting or excavation shall avoid damaging gas pipes or other facilities thus staked or marked; to provide that the provisions of the Act do not affect the rights of any gas company with respect to its own gas pipes or facilities, nor to any work done by a gas company, its agents, servants, employees, contrac tors, or subcontractors with respect to its own gas pipes or other facili ties; to provide that violation of the Act shall be a misdemeanor pun ishable as such; to provide for a severability clause; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The purpose of this Act is to prevent injury to person and property from accidents resulting from damage to underground gas pipes and facilities caused by blasting or excavating operations, by providing a method whereby the location of underground gas pipes and facilities will be made known, to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gas pipes and facilities.
Section 2. For the purposes of this Act, the following terms shall have the meaning designated, except when a particular context clearly requires a different meaning:
(a) "Person" means an individual or corporation.
(b) "Corporation" means any corporation, municipal corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or receiver or receivers, trustee or trustees of any of the foregoing.
(c) "Gas" means any flammable gaseous matter, and shall include but not be limited to, natural gas, manufactured gas, liquified petro leum gas and any material composed predominantly of any of the fol lowing hydrocarbons or mixtures of the same: methane, propane, propylene, butane or butylene.
(d) "Distribution of Gas" means the distribution or furnishing of gas through the use of underground pipes or other facilities to the ulti mate consumer, and shall include but not be limited to the distribution of gas pursuant to a Certificate of Public Convenience and Necessity issued by the Georgia Public Service Commission.
(e) "Transmission of Gas" means the transmission or transporta tion of gas through the use of underground pipes or other facilities and shall include but not be limited to the transportation or transmis sion of gas in interstate commerce pursuant to a Certificate of Public Convenience and Necessity issued by the Federal Power Commission, and the transmission or transportation of gas in intrastate commerce pursuant to a Certificate of Public Convenience and Necessity issued by the Georgia Public Service Commission.
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(f) "Gas Company" means any person engaged in the distribution of gas or in the transmission of gas, or both.
(g) "Service Area" means a contiguous area or territory which encompasses the distribution system, or the network of pipes, lines, mains and related facilities, by means of which a Gas Company en gages in the distribution of gas.
(h) "Blasting" means any operation by which the level or grade of land is changed, or by which earth, rock, buildings, structures or other masses or materials are rended, torn, demolished, moved or removed, by the detonation of dynamite or any other explosive agent.
(i) "Excavating" means any operation by which the level or grade of land is changed, and shall include, without limitation, grading, trenching, digging, ditching, drilling, augering, and scraping.
(j) "Mechanized Excavating Equipment" means all equipment pow ered by any motor, engine, or hydraulic or pneumatic device, which is used for excavating, and shall include, without limitation, bulldozers, back hoes, power shovels, scrapers, drag lines, clam shells, augers and drills.
(k) "Business Days" means Monday through Friday, excluding, however, any public and legal holidays.
Section 3. (a) Prior to any date subsequent to September 1, 1969, upon which any Gas Company shall engage in the distribution of gas or in the transmission of gas in any area or territory or at any point or points within any County in the State of Georgia, such Gas Com pany shall first file with the Clerk of the Superior Court of such County:
(1) A map or maps showing the location of all Service Areas within such County in which such Gas Company shall thus be engaged in the distribution of gas.
(2) A map or maps showing the general route of any gas pipes or other underground facility within such County by means of which such Gas Company shall thus be engaged in the trans mission of gas.
(3) The name and address of the agent or agents of such Gas Company within the State of Georgia to whom written notices of the type heerinafter described shall be delivered.
(b) Each Gas Company who shall be engaged as of September 1, 1969, in the distribution of gas or in the transmission of gas within any County in the State of Georgia, shall on or before such date file with the Clerk of the Superior Court of such County, a map or maps as described in paragraphs (1) and (2), of subsection (a) of this Sec tion and the written designation of an agent or agents as described in paragraph (3), of subsection (a) of this Section.
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833
(c) Each Gas Company who is required under the provisions of subsection (a) or (b) of this Section to file the name and address of an agent or agents as described in paragraph (3) of subsection (a) of this Section, shall thereafter from time to time make such further and additional filings, with the Clerk of the Superior Court of such County as may be necessary to keep current the designation of such agent or agents.
(d) Failure to comply with the terms of this Act shall be negli gence per se in any tort action.
(e) Municipal natural gas distribution systems shall not be re quired to file maps in the clerk's office, but shall maintain same in the office of the Clerk of said City, or in the office of the Superintendent of the Gas Department of said City or in the office of the Utility Com mission of said City.
Section 4. The Clerk of the Superior Court of each County in this State shall: (a) Maintain a file for the maps and other written mate rials to be filed in accordance with the provisions of this Act and make the same available for public inspection.
(b) Mark the date and hour of filing on all maps and other writ ten materials filed in accordance with the provisions of this Act.
(c) Charge a uniform fee for each filing of such maps or other written materials of $1.00 per page.
Section 5. Subsequent to September 1, 1969, no person shall com mence, perform or engage in blasting, or in excavating with Mechanized Excavating Equipment, on any tract or parcel of land in any County in the State of Georgia unless and until each of the following conditions has occurred:
(a) The person planning such blasting or excavating has examined the maps filed in accordance with the provisions of this Act to ascertain whether it reasonably appears therefrom that the tract or parcel of land upon which such blasting or excavating is to take place may be within:
(1) The Service Area of a Gas Company engaged in the dis tribution of gas, or within two hundred (200) feet thereof, or
(2) Two hundred (200) feet of a gas pipe or other underground facility of a Gas Company engaged in the transmission of gas.
(b) If it reasonably appears from such examination that such tract or parcel of land may be within such limits, the person planning such blasting or excavating shall deliver personally, or mail by certified or registered mail, return receipt requested, a written notice to an agent of the Gas Company who is designated in accordance with the provisions of this Act, which shall:
(1) Describe the tract or parcel of land upon which such blast ing or excavation is to take place with sufficient particularity to
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enable the Gas Company to ascertain the precise tract or parcel of land involved.
(2) State the name and address of the person who will engage in such blasting or excavating.
(3) Describe the type of blasting or excavating to be engaged in by such person.
(4) Designate the date, no earlier than five (5) days and no later than ten (10) days from the date of such notice, upon which such blasting or excavating will commence; and
(c) The person planning such blasting or excavating has received from such Gas Company a written statement that:
(1) Such tract or parcel of land is not located within the limits stated in subsection (a) of this Section; or
(2) Such tract or parcel of land is located within such limits and such Gas Company has placed stakes on, or otherwise marked, the surface of the land at intervals of not less than fifteen (15) feet to indicate the location of such of its gas pipes and other un derground facilities as are located on such tract or parcel of land and within two hundred (200) feet thereof.
Section 6. Each Gas Company shall within three (3) business days following receipt by such Gas Company of a written notice as described in subsection (b) of Section 5 of this Act, or within such longer reason able period as may be required under the circumstances, but in any event within five (5) business days:
(a) Deliver personally, or mail by certified or registered mail, re turn receipt requested, to the person planning such blasting or excava tion, a written statement as described in subsection (c) of Section 5 of this Act; and
(b) If such tract or parcel of land is located within the limits stated in said subsection, accomplish the staking or marking work described therein.
Section 7. Each person who shall engage in blasting, or excavating with Mechanized Excavating Equipment, shall not strike, damage, in jure, loosen, or remove lateral support from or around any gas pipe or other underground facility of a Gas Company which has been staked or marked in accordance with the provisions of this Act, provided, how ever, that nothing in this Act shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of underground gas pipes or other facilities, irrespective of whether the same have been staked or marked as provided in this Act.
Section 8. The provisions of this Act do not affect and are not intended to affect, any right, title, power or interest any Gas Company
TUESDAY, MARCH 4, 1969
835
may have with relation to any such gas pipe or other facility, or to any easement, right of way, license, permit, or other interest in or with re spect to the land where such gas pipe or other facility is located; nor shall the provisions of this Act apply to any work performed by a Gas Company, or its agents, servants, employees, contractors or subcon tractors with respect to such Gas Company's own gas pipes or other facilities, including without limitation, the construction, installation, ex tension, modification, maintenance, repair, testing, or removal of such gas pipes or facilities.
Section 9. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished as for a misdemeanor.
Section 10. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not af fect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provi sions of this Act are severable.
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Coggin of the 35th moved that the Senate adopt the report of the Committee of Conference on HB 128.
On the motion, the ayes were 38, nays 0.
The motion prevailed, and the report of the Committee of Conference was adopted.
Senator Jackson of the 16th moved that the following bill of the House be withdrawn from the Committee on Banking and Finance and recommitted to the Committee on Temperance:
HB 396. By Messrs. Pickard, Jones and Buck of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the proce dures and circumstances under which the sale of distilled spirits or al coholic beverages for beverage purposes by the drink may be authorized and regulated by certain counties and municipalities; and for other purposes.
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On the motion to recommit, the ayes were 33, nays 0, and the motion pre vailed.
The following bill and resolution, favorably reported by the committees, were read the third time, and put upon their passage:
SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A bill to amend an Act which made comprehensive provision for an inte grated tax administration for Georgia, approved January 3,1938 (Ga. L. 1937-38, p. 77) as amended, so as to remove the limitation on the num ber of motor vehicles which may be purchased for use in enforcing the laws, rules and regulations relating to distilled spirits and alcohol; 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, Senator Coggin of the 35th 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Doss Eldridge Fincher of 51st Fincher of 54th Garrard
Gillis Hardy Hensley Hill Holley Holloway Jackson Johnson Kidd Miller Padgett Pennington Plunkett Reeder Reynolds
Those voting in the negative were Senators:
Dean Kennedy
McGill Noble
Riley Rowan Scott Searcey Smalley Smith of 18th Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
Smith of 34th
TUESDAY, MARCH 4, 1969
837
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 46, nays 5.
The bill, having received the requisite constitutional majority, was passed.
SR 67. By Senators Starr of the 44th and Coggin of the 35th: A resolution to request the Civil Aeronautics Board to award to a Georgia based carrier, the certification to operate between Atlanta, Georgia, and Hawaii; 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 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 51. By Mr. Paris of the 14th: A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 51. By Mr. Paris of the 14th: A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of
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June, July and August under certain circumstances; and for other purposes.
Senator Holloway of the 12th moved that the Senate insist on its amendment to HB 51.
On the motion, the ayes were 33, nays 0, and the motion prevailed.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Com missioner to maintain a record of notices of liens on titled motor ve hicles; and for other purposes.
Senator Smalley of the 28th offered the following amendment:
Senator Smalley of the 28th moves to amend HB 288 by inserting in the title of the bill after the phrase "to provide that the procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles"; and before the phrase "to provide an effective date"; the phrase "to provide for offenses relating to title certificates;"; by striking in its entirety Section 4 of the bill and substituting in lieu thereof the following:
"SECTION 4
Said Act is further amended by striking subsection (c) of Section 21 in its entirety and inserting in lieu thereof a new subsection ( c) to read as follows:
"(c) (1) If the holder of any lien as defined in Section 2(k) hereof (excepting the holder of a mechanic's lien, perfection for which is prescribed in Section 23 hereof), desires to perfect such lien against a vehicle the lienholder shall, on the form prescribed by the Commissioner, execute under oath a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed, and the lienholder shall forward such notice and title application, together with the $1.00 fee either personally or by registered mail return receipt requested, to the person who has custody of the current certificate of title at the address shown on said certificate of title. If someone other than the owner is holding the certificate of title a copy of the notice shall
TUESDAY, MARCH 4, 1969
839
also be forwarded to the owner. The lien claimant shall retain the registered mail receipt as proof of compliance with this section.
"After receipt of the notice of lien as specified in this section neither the owner nor any other person shall take any action af fecting the title other than as provided in this section. After re ceipt of the notice of lien the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten (10) days. If during the ten (10) day period following receipt of the notice the claimed lien is satisfied the lien claimant shall on the form prescribed by the Commissioner notify the owner and person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien they shall so indicate on the no tice of lien form and shall notify the other interested parties. If the notice contesting the lien is given or if ten (10) days have elapsed without the lien being satisfied then the person holding the certifi cate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the Commissioner in order that the Commissioner may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner and the person who has custody of the current certificate of title shall comply with the instructions contained in the notice and in the event he cannot do so he shall notify the lien claimant. The Commissioner, upon receipt of a properly executed title applica tion, notice, fee, and the current certificate of title, shall enter the lien on his records and shall issue a new certificate of title reflect ing the lien and shall then deliver the certificate of title as pro vided for in this Act. The lien shall be perfected at the time the lien notice, application for title, fee and current certificate of title are received by the Commissioner. In the event that the person who has custody of the current certificate of title fails, refuses or neglects to forward the title application, notice, fee and current certificate of title to the Commissioner as required herein, the claim ant may, if his lien has not been satisfied, on a form prescribed by the Commissioner, make direct application to the Commissioner. Such direct application to the Commissioner shall have attached to it the return registered mail receipt showing the previous mailing of the title application, fee and form to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the Commissioner shall order the person who has cus tody of the current certificate of title to forward the certificate of title to him for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If after a direct appli cation to the Commissioner and after the order of the Commissioner the person who has custody of the current certificate of title con tinues to fail, refuse or neglect to forward the certificate of title as provided herein, the Commissioner may cancel the current cer tificate of title and issue a duplicate certificate of title reflecting all security interest and liens, and this duplicate certificate of title shall be delivered as provided for in this Act. In the event a direct application is made, the lien shall be perfected as of the date of the outstanding certificate of title is cancelled. Any security interest holder or lienholder having custody of the certificate of title shall not have the validity of his security interest or lien
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affected by surrendering the certificate of title as provided by this section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the Commissioner shall cancel the old certificate of title.
"(2) A lien perfected under the provisions of this section shall be a lien only against the specific vehicle identified in the applica tion for a new certificate.
"(3) A lien on a vehicle for which a certificate of title is re quired shall be perfected and shall be valid against subsequent transferees and holders of security interest and liens only by com pliance with this section.
"(4) Any lien which was perfected prior to the effective date of this Act shall remain perfected as of its original date if the lienholder refiles his lien and perfects it as provided by this Act within three (3) months after the effective date of this Act; other wise, such liens shall not continue perfected in this State.
"(5) The procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected."
Said Act is further amended by inserting at the end of subsection (b) of Section 31 a new subsection (c) of section 31 to read as follows:
"(c) Any person who shall willfully and knowingly take any action affecting the title to a vehicle other than as provided in Section 21 of this Act after having received a notice of lien as provided in Section 21 of this Act is guilty of a felony."
Senator Holley of the 22nd offered the following amendment to the amend ment of Senator Smalley of the 28th:
Amend floor amendment of Senator Smalley of the 28th by deleting the word felony where it appears in the last sentence of subparagraph c of Paragraph 5 and substituting in lieu thereof the word misdemeanor.
On the adoption of the amendment to the amendment of Senator Smalley of the 28th, the ayes were 43, nays 3, and the amendment was adopted.
On the adoption of the amendment of Senator Smalley of the 28th, as amended, the ayes were 48, nays 0, and the amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
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841
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following reports of standing committees were read by the secretary:
Senator Smith of the 18th 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 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 74. Do pass. HR 200. Do pass. HR 201. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
Senator Chapman of the 32nd 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 82. Do pass. Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Andrews of the 49th District, Chairman of the Committee on Educa tional Matters, submitted the following report:
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JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Educational Matters has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 223. Do pass.
SB 224. Do pass.
HB 156. Do pass.
Respectfully submitted,
Andrews of 49th District, Chairman.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 51. By Mr. Paris of the 14th:
A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof: Messrs. Paris of the 14th, Hargrett of the 58th, and Lee of the 21st.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and 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 65. SB 85. SB 115.
SB 120. SB 136. SB 164. SB 165. SB 166. SB 183. SB 201. SR 60.
TUESDAY, MARCH 4, 1969
843
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Noble of the 19th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia,
Wednesday, March 5, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.
Senator Abney of the 53rd moved that the Senate reconsider its action of yesterday on the following bill of the House:
HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
On the motion to reconsider, the ayes were 42, nays 0.
The motion prevailed, and HB 552 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Cox of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
WEDNESDAY, MARCH 5, 1969
845
The president announced as the doctor of the day, Dr. T. A. Sappington, and as the nurse of the day, Miss Brenda Yolles.
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 388. By Mr. Harris of the 77th:
A bill to authorize a stenographer to be present with the DeKalb County Grand Jury while witnesses are being examined before said Grand Jury; to provide for the appointment and compensation of said stenographer; and for other purposes.
HB 489. By Mr. Harris of the 77th:
A bill to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the inter est to make certain purchases upon authorization of a judge of the su perior court; and for other purposes.
HB 502. By Messrs. Atherton, Wilson, Kreeger, McDaniell, Henderson, Housley and Burruss of the 117th:
A bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits of said city; and for other purposes.
HB 586. By Messrs. Matthews and Fallin of the 63rd:
A bill to amend an Act establishing the Colquitt County Airport Au thority, so as to change the name of said Authority; and for other purposes.
HB 592. By Mr. Moate of the 28th:
A bill to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, so as to change the fees and costs in connection with said court; and for other purposes.
846
JOURNAL OF THE SENATE,
HB 618. By Messrs. Peters of the 2nd, Snow, Crowe and Hale of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to clarify the provisions relating to the terms of office of the mayor and alderman; and for other purposes.
HB 635. By Mr. Floyd of the 7th:
A bill to amend an Act placing the ordinary of Chattooga County on a salary basis, so as to change the amount which may be expended for clerical help for the ordinary; and for other purposes.
HB 636. By Mr. Floyd of the 7th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to change the maximum com pensation authorized for the clerk of the commissioner and the warden of the county public works camp; and for other purposes.
HB 637. By Mr. Floyd of the 7th:
A bill to amend an Act creating the City Court of Chattooga County, so as to change the name of the City Court of Chattooga County to the Civil and Criminal Court of Chattooga County; and for other purposes.
HB 638. By Mr. Floyd of the 7th:
A bill to amend an Act placing the clerk of the superior court of Chat tooga County on a salary basis, so as to change the maximum amount which may be paid the deputy clerk; and for other purposes.
HB 639. By Mr. Floyd of the 7th:
A bill to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner; and for other purposes.
HB 640. By Mr. Ross of the 26th:
A bill to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Ga. L. 1968, p. 1702, and which was ratified by the voters of Lincoln County, so as to pro vide for appointment of members of the Lincolnton and Lincoln County Development Authority; and for other purposes.
HB 642. By Messrs. Kreeger, Burruss, Henderson, Wilson and Housley of the 117th:
A bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.
WEDNESDAY, MARCH 5, 1969
847
HB 646. By Mr. Grahl of the 40th:
A bill to create the Peach County Industrial Development Authority; and for other purposes.
HB 657. By Messrs. Fallin, Matthews and Bostick of the 63rd:
A bill to create a new board of education of Colquitt County; to provide for a chairman and other members of the board; to provide for all mat ters relative to the foregoing; to provide for a referendum; and for other purposes.
HB 660. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act changing from the fee system to the salary system in the County of Dodge, the Sheriff of said county and the Clerk of the Superior Court thereof, so as to change the compensation of the sheriff and the Clerk of the Superior Court of said county; and for other purposes.
HB 661. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employee of the Tax Commissioner of Dodge County; and for other purposes.
HB 662. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner; and for other purposes.
HB 663. By Messrs. Holder and Anderson of the 49th:
A bill to amend and Act changing the compensation of the Ordinary of Dodge County, so as to change the compensation of the Ordinary; and for other purposes.
HB 664. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that certain officers and employees who sell prop erty in excess of $100.00 to said City must do so as a result of com petitive bidding; to increase the number of city commissioners; and for other purposes.
848
JOURNAL OF THE SENATE,
KB 665. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act fixing the salaries of certain officers of Bleckley County, so as to change the compensation of the ordinary; and for other purposes.
HB 666. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Tax Collector of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
HB 668. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Tax Receiver of Bleckley County, known as the fee system; and for other purposes.
HB 669. By Messrs. Anderson and Holder of the 49th:
A bill to consolidate the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner; and for other purposes.
HB 671. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the city of Hawkinsville to sell and convey a certain tract of land; and for other purposes.
HB 672. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation, so as to in crease the salary limitation of the clerk or deputy of the ordinary; and for other purposes.
HB 673. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Clerk of the Su perior Court of Bleckley County, known as the fee system; and for other purposes.
HB 675. By Mr. Brantley of the 52nd:
A bill to amend an Act creating a board of commissioners of Candler County, so as to change the compensation of the clerk of the board of commissioners; and for other purposes.
WEDNESDAY, MARCH 5, 1969
849
KB 676. By Mr. Brantley of the 52nd:
A bill to amend an Act providing a supplemental salary for the ordi nary of Candler County, so as to increase the supplemental salary of the ordinary; and for other purposes.
HB 678. By Messrs. Candler and Harrington of the 34th:
A bill to amend an Act entitled "An Act to create a Board of Commis sioners of Roads and Revenues of Wilkinson County . . .", so as to pro vide for the election of County Commissioners for a term of 4 years; and for other purposes.
HB 679. By Messrs. Edwards and Black of the 45th:
A bill to provide for the compensation of the coroners of all counties with populations of not less than 8,250 and not more than 8,350 accord ing to the 1960 Federal Decennial Census or any future such census; and for other purposes.
HB 680. By Messrs. Bowen and Rainey of the 47th:
A bill to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority, relating to the issuance of and security for the bonds of the Authority; and for other purposes.
HB 681. By Mr. Joiner of the 35th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Washington (now Board of Com missioners of Washington County), so as to provide an expense allow ance of $100 per month for each member of said Board; and for other purposes.
HB 685. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act placing the Sheriff of Wilcox County on a salary basis, so as to change the expense allowance for said sheriff; and for other purposes.
HB 690. By Mr. Grahl of the 40th:
A bill to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 691. By Mr. Grahl of the 40th:
A bill to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, so as to change the compensation of the clerk; and for other purposes.
850
JOURNAL OF THE SENATE,
HB 692. By Mr. Grahl of the 40th:
A bill to abolish the present mode of compensating the ordinary of Crawford County, known as the fee system; to provide in lieu thereof an an nual salary; and for other purposes.
HR 17. By Mr. Mauldin of the 12th: A resolution compensating Mr. John M. McCall; and for other purposes.
HR 22. By Messrs. Bennett, Barfield and Reaves of the 71st:
A resolution compensating Mr. James W. Morgenthaler; and for other purposes.
HR 57. By Messrs. Smith, Cole and Leonard of the 3rd: A resolution compensating Mr. E. M. Moss; and for other purposes.
HR 83. By Mr. Moate of the 28th: A resolution compensating Mr. Ben W. Butts; and for other purposes.
HR 95. By Mr. Fallin of the 63rd: A resolution compensating Mr. Vernon F. Holloman; and for other purposes.
HR 123. By Mr. Colwell of the 5th: A resolution compensating M. A. Giles; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
HB 31. By Messrs. Douglas and Rowland of the 42nd: A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of ap plicants for renewal licenses at educational programs prior to the re newal of licenses to practice veterinary medicine; and for other purposes.
HB 48. By Messrs. Hutchinson of the 61st and Barber of the 15th: A bill to provide that a driver's license issued to any person who is under the age of 21 on the date such license is issued shall be marked
WEDNESDAY, MARCH 5, 1969
851
or printed so that it is easily ascertainable that the licensee was under the age of 21 on the date the license was issued; and for other purposes.
HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 49th and Harris of the 10th:
A bill to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.
HB 171. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensation" shall include the compensation paid to a member by a member institution of the Uni versity System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.
HB 174. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the Board is authorized to make certain post-re tirement benefit changes; and for other purposes.
HB 331. By Messrs. Dean of the 7th, Ezzard of the 102nd, Hood of the 99th, Shepherd of the 107th and Bell of the 73rd:
A bill to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed, or national origin of the person upon whom the arrest is being made; and for other purposes.
HR 144. By Mr. Vaughn of the 74th:
A resolution recreating the Joint Highway Laws Interim Study Com mittee.
HR 82. By Messrs. Nessmith of the 44th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th and Jones of the 59th: A resolution creating the Georgia Coastal Islands Study Committee; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
852
JOURNAL OF THE SENATE,
HB 128. By Mr. Lane of the 101st:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th, Potts of the 30th, Mrs. Merritt of the 46th, Messrs. Winkles of the 96th, Carnes of the 104th and Smith of the 3rd: A bill to provide for the registration and regulation of cemeteries; and for other purposes.
HB 301. By Mr. Peters of the 2nd: A bill to amend an Act placing the sheriff of Catoosa County on an an nual salary in lieu of the fee system of compensation, so as to change the salary of the sheriff; and for other purposes.
HB 439. By Mr. Bray of the 31st: A bill to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 509. By Mr. Rowland of the 42nd: A bill to amend an Act creating emeritus offices for State House offi cials, so as to provide that in the event any person shall become eligible for appointment or shall have been appointed to an emeritus office as provided, his right to appointment to such emeritus office or emeritus status or to continue to hold such appointment and to draw salaries fixed therefor shall be suspended; and for other purposes.
HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones and Buck of the 84th and others: A bill to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.
WEDNESDAY, MARCH 5, 1969
853
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the vol untary, emergency and evaluation admissions of patients; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 235. By Senator Coggin of the 35th:
A bill to amend Code Section 24-2715, relating to additional duties of clerks of Superior Courts; so as to provide that the clerk of Superior Court shall not be required to record any deed to real estate unless same carries the address of the grantee; but only file and index such deed; to provide that the clerk of the Superior Court shall furnish to the tax assessors of the county and to the tax assessors of any city in such county which request the same, copies of such deeds; and for other purposes.
Referred to Committee on Judiciary.
SB 236. By Senator London of the 50th:
A bill to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 237. By Senators Reeder of the 55th, Miller of the 43rd and Tysinger of the 41st:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, so as to change the terms of office of the members of the board of edu cation; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 238. By Senators Hensley of the 33rd, Fincher of the 51st, London of the 50th and others:
A bill to amend an Act approved April 14, 1967, so as to authorize State Highway Department to acquire and convey rights of way and ease-
854
JOURNAL OF THE SENATE,
ments to Federal Government for the Federal construction of Blue Ridge Parkway; and for other purposes.
Referred to Committee on Highways.
SB 239. By Senator Zipperer of the 3rd:
A bill to amend an Act to create a board of commissioners of roads and revenues for the County of Effingham to be elected by the qualified voters of said county, to define the duties of said commissioners and for other purposes, so as to change the compensation for the commis sioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 240. By Senator Zipperer of the 3rd:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the Superior Court of Bryan County upon an annual salary, ap proved Mar. 10, 1959, so as to change the compensation of the deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 241. By Senator Zipperer of the 3rd:
A bill to amend an Act creating a new charter for the Town of Guyton, approved Mar. 10, 1933, sa as to change the corporate limits of said Town; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 242. By Senator Riley of the 1st:
A bill to require a prevailing wage for persons working on State proj ects; to provide a penalty for violating this Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
SB 243. By Senators Coggin of the 35th and Padgett of the 23rd:
A bill to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibition on any permanent race track or other place where races or exhibitions are held unless there shall first be obtained a license as set forth herein; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.
SR 93. By Senator Maclntyre of the 40th:
A resolution proposing an amendment to the Constitution, so as to ex tend immunity from civil liability to employees of the State of Geor-
WEDNESDAY, MARCH 5, 1969
855
gia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Industry and Labor.
SR 94. By Senators Reeder of the 55th, Miller of the 43rd and Tysinger of the 41st:
A resolution proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions were read the first time and referred to committees:
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A bill to amend Code Title 88 known as the "Georgia Health Code"; so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the volun tary, emergency and evaluation admissions of patients; and for other purposes.
Referred to Committee on Institutions and Mental Health.
HB 31. By Messrs, Douglas and Rowland of the 42nd:
A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of ap plicants for renewal licenses at educational programs prior to the re newal of licenses to practice veterinary medicine; and for other purposes.
Referred to Committee on Health and Welfare.
HB 48. By Messrs. Hutchinson of the 61st and Barber of the 15th:
A bill to provide that a driver's license issued to any person who is under the age of 21 on the date such license is issued shall be marked or printed so that it is easily ascertainable that the licensee was under the age of 21 on the date the license was issued; and for other purposes.
Referred to Committee on Highways.
HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th and others:
A bill to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.
Referred to Committee on Highways.
856
JOURNAL OF THE SENATE,
HB 171. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensation" shall include the compensation paid to a member by a member institution of the Univer sity System of Georgia from grants or contracts made by outside agen cies with the member institution; and for other purposes.
Referred to Committee on Retirement.
HB 174. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the Board is authorized to make certain postretirement benefit changes; and for other purposes.
Referred to Committee on Retirement.
HB 331. By Messrs. Dean of the 76th, Ezzard of the 102nd, Hood of the 99th and others:
A bill to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed or national origin of the person upon whom the ar rest is being made; and for other purposes.
Referred to Committee on Judiciary.
HB 388. By Mr. Harris of the 77th: A bill to authorize a stenographer to be present with the DeKalb County Grand Jury while witnesses are being examined before said Grand Jury; to provide for the appointment and compensation of said stenog rapher; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 489. By Mr. Harris of the 77th: A bill to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the interest to make certain purchases upon authorization of a judge of the superior court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 502. By Messrs. Atherton, Wilson, Kreeger and others of the 117th: A bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorpo-
WEDNESDAY, MARCH 5, 1969
857
rating said town as a city, so as to increase the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 509. By Mr. Rowland of the 42nd:
A bill to amend an Act creating emeritus offices for State House offi cials, so as to provide that in the event any person shall become eligible for appointment or shall have been appointed to an emeritus office or emeritus status as provided in said Act, his right to appointment to such emeritus office or emeritus status or to continue to hold such appointment and to draw salaries fixed therefor shall be suspended; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 586. By Messrs. Matthews and Fallin of the 63rd:
A bill to amend an Act establishing the Colquitt County Airport Au thority, so as to change the name of said Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 592. By Mr. Moate of the 28th:
A bill to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, so as to change the fees and costs in connection with said court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones of the 84th and others:
A bill to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.
Referred to Committee on Judiciary.
HB 618. By Messrs. Peters of the 2nd, Snow, Crowe and Hale of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to clarify the provisions relating to the terms of office of the mayor and alderman; and for other purposes.
Referred to Committee on County and Urban Affairs.
858
JOURNAL OP THE SENATE,
HB 635. By Mr. Ployd of the 7th:
A bill to amend an Act placing the ordinary of Chattooga County on a salary basis, so as to change the amount which may be expended for clerical help for the ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 636, By Mr. Ployd of the 7th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to change the maximum com pensation authorized for the clerk of the commissioner and the warden of the county public works camp; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 637. By Mr. Ployd of the 7th:
A bill to amend an Act creating the City Court of Chattooga County, so as to change the name of the City Court of Chattooga County to the Civil and Criminal Court of Chattooga County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 638. By Mr. Ployd of the 7th:
A bill to amend an Act placing the clerk of the superior court of Chat tooga County on a salary basis, so as to change the maximum amount which may be paid the deputy clerk; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 639. By Mr. Floyd of the 7th:
A bill to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 640. By Mr. Ross of the 26th:
A bill to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Ga. L. 1968, p. 1702, and which was ratified by the voters of Lincoln County, so as to pro vide for appointment of members of the Lincolnton and Lincoln County Development Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
WEDNESDAY, MARCH 5, 1969
859
HB 642. By Messrs. Kreeger, Burruss, Henderson and others of the 117th:
A bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 646. By Mr. Grahl of the 40th:
A bill to create the Peach County Industrial Development Authority; and for other purposes.
Referred to Committee on Industry and Labor.
HB 657. By Messrs. Fallin, Matthews and Bostick of the 63rd:
A bill to create a new board of education of Colquitt County; to pro vide for a chairman and other members of the board; to provide for all matters relative to the foregoing; to provide for a referendum; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 660. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act changing from the fee system to the salary sys tem in the County of Dodge, the Sheriff of said county and the Clerk of the Superior Court thereof, so as to change the compensation of the sheriff and the Clerk of the Superior Court of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 661. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employee of the Tax Commissioner of Dodge County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 662. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
860
JOURNAL OF THE SENATE,
HB 663. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act changing the compensation of the Ordinary of Dodge County, so as to change the compensation of the Ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 664. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that certain officers and employees who sell prop erty in excess of $100.00 to said City must do so as a result of com petitive bidding; to increase the number of city commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 665. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act fixing the salaries of certain officers of Bleckley county, so as to change the compensation of the ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 666. By Messrs. Anderson and Holder of the 49th: A bill to abolish the present mode of compensating the Tax Collector of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 668. By Messrs. Anderson and Holder of the 49th: A bill to abolish the present mode of compensating the Tax Receiver of Bleckley County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 669. By Messrs. Anderson and Holder of the 49th: A bill to consolidate the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 671. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the city of Hawkinsvillc to sell and convey a certain tract of land; and for other purposes.
Referred to Committee on County and Urban Affairs.
WEDNESDAY, MARCH 5, 1969
861
HB 672. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation, so as to in crease the salary limitation of the clerk or deputy of the ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 673. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Bleckley County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 675. By Mr. Brantley of the 52nd:
A bill to amend an Act creating a board of commissioners of Candler County, so as to change the compensation of the clerk of the board of commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 676. By Mr. Brantley of the 52nd:
A bill to amend an Act providing a supplemental salary for the ordinary of Candler County, so as to increase the supplemental salary of the or dinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 678. By Messrs. Chandler and Harrington of the 34th:
A bill to amend an Act entitled "An Act to create a Board of Commis sioners of Roads and Revenues of Wilkinson County .... .", so as to provide for the election of County Commissioners for a term of 4 years; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 679. By Messrs. Edwards and Black of the 45th:
A bill to provide for the compensation of the coroners of all counties with populations of not less than 8,250 and not more than 8,350 accord ing to the 1960 Federal Decennial Census or any future such census; and for other purposes.
Referred to Committee on County and Urban Affairs.
862
JOURNAL OF THE SENATE,
HB 680. By Messrs. Bowen and Eainey of the 47th:
A bill to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority, relating to the issuance of and security for the bonds of the Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 681. By Mr. Joiner of the 35th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Washington (now Board of Commis sioners of Washington County) so as to provide an expense allowance of $100 per month for each member of said Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 685. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act placing the Sheriff of Wilcox County on a salary basis, so as to change the expense allowance for said sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 690. By Mr. Grahl of the 40th:
A bill to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 691. By Mr. Grahl of the 40th:
A bill to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, so as to change the compensa tion of the clerk; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 692. By Mr. Grahl of the 40th:
A bill to abolish the present mode of compensating the ordinary of Crawford County, known as the fee system; to provide in lieu thereof' an annual salary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 17. By Mr. Mauldin of the 12th: A resolution compensating Mr. John M. McCall; and for other purposes.
Referred to Committee on Appropriations.
WEDNESDAY, MARCH 5, 1969
863
HR 22. By Messrs. Bennett, Barfield and Reaves of the 71st:
A resolution compensating Mr. James W. Morgenthaler; and for other purposes.
Referred to Committee on Appropriations.
HR 57. By Messrs. Smith, Cole and Leonard of the 3rd: A resolution compensating1 Mr. E. M. Moss; and for other purposes.
Referred to Committee on Appropriations.
HR 82. By Messrs. Nessmith of the 44th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th and Jones of the 59th:
A resolution creating the Georgia Coastal Islands Study Committee; and for ether purposes.
Referred to Committee on Rules.
HR 83. By Mr. Moate of the 28th: A resolution compensating Mr. Ben W. Butts; and for other purposes.
Referred to Committee on Appropriations.
HR 95. By Mr. Fallin of the 63rd:
A resolution compensating Mr. Vernon P. Holloman; and for other purposes.
Referred to Committee on Appropriations.
HR 123. By Mr. Colwell of the 5th: A resolution compensating M. A. Giles; and for other purposes.
Referred to Committee on Appropriations.
HR 144. By Mr. Vaughn of the 74th: A resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read for the second time:
864
JOURNAL OF THE SENATE,
SB 233. By Senator London of the 50th:
A bill to amend an Act placing the sheriff of Fannin County upon an annual salary, so as to change the compensation of the sheriff; to re peal conflicting laws; and for other purposes.
SB 234. By Senator Bateman of the 27th:
A bill to amend an Act which provides a schedule of license fees for mo tor vehicles, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of passengers, whether or not they are operated under the jurisdiction of the Georgia Public Service Commission; and for other purposes.
SR 91. By Senators Chapman of the 32nd and Hardy of the 56th:
A resolution relative to aid to families with dependent children; and for other purposes.
HB 239. By Mr. Brown of the 32nd:
A bill to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable for any act or omission to act within the scope of his duties or activities except under certain circumstances; and for other purposes.
HB 274. By Messrs. Roach, Poole and Harris of the 10th and Wood of the llth:
A bill to amend an Act providing for one additional judge of the superior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.
HB 317. By Messrs. Chandler and Harrington of the 34th, Higginbotham of the 75th and others:
A bill to amend an Act comprehensively and exhaustively revising, su perseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, so as to provide that no person who is a member of the State Board of Correc tions shall be employed by the Board of Corrections in any capacity whatsoever; and for other purposes.
HB 352. By Messrs. Smith of the 43rd, Harris of the 77th, Floyd of the 7th and Melton of the 32nd:
A bill to amend an Act creating the Legislative Services Committee and the office of Legislative Counsel, so as to provide for a Fiscal Officer for the Legislative Branch of Government; and for other purposes.
WEDNESDAY, MARCH 5, 1969
865
HB 329. By Messrs. Matthews of the 16th and Barber of the 15th:
A bill to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.
HB 413. By Messrs. Jones of the 59th and Caldwell of the 39th:
A bill relating to credit transactions and the creation of debt pursuant to a lender credit card arrangement and constituting the Lender Credit Card Act; and for other purposes.
HB 452, By Mr. Games of the 104th:
A bill to amend an Act known and cited as the "Unliquidated Damages Interest Act", so as to remove the $5,000 limitation, and thus to make the Act applicable to each action ex delicto in which there is a claim for unliquidated damages; and for other purposes;
HB 560. By Messrs. McCraeken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools; so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be con ducted in conformity with the Georgia Election Code; and for other purposes.
HB 561. By Messrs. McCraeken of the 36th, Howell of the 60th, Higginbotham
of the 75th and others:
A bill to amend Code Section 24-1707, relating to the method of filling vacancies in the office of ordinary, so as to provide that special elec tions called for the purpose of filling vacancies in the office of the ordinary shall be conducted in conformity with the Georgia Election Code; and for other purposes.
HR 181. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell and Keyton of the 70th:
A resolution expressing opposition to the Federal Communications Com mission's proposal to ban cigarette advertising on radio and television; and for other purposes.
866
JOURNAL OF THE SENATE,
HR 196. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of 46th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that, unless the amendment itself shall provide otherwise, an amendment to the Constitution shall become effective on the first day of January following its ratification; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 180. Do pass by substitute. SB 156. Do pass. HB 319. Do pass. HB 320. Do pass as amended.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Hensley of the 33rd 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 189. Do pass by substitute. HB 120. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
WEDNESDAY, MARCH 5, 1969
867
Senator Smalley of the 28th District, Chairman of the Committee on Ju diciary, 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 151. Do not pass. SB 152. Do not pass. SB 153. Do not pass. HB 33. Do not pass. HB 89. Do not pass. HB 219. Do not pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Smith of the 18th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations:
SR 83. Do pass.
Respectfully submitted, Smith of 18th District, Vice-Chairman.
The following local, uncontested bill, which was previously read the third time, passed by the Senate, and subsequently reconsidered was put upon its passage:
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to change the provisions relat ing to the comptroller; and for other purposes.
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JOURNAL OF THE SENATE,
Senator Stair of the 44th offered the following substitute to HB 167:
A BILL
To be entitled an Act to amend an Act creating a board of county commissioners for Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3072), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3118), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2268), an Act approved March 11, 1963 (Ga. Laws 1963, p. 2148), an Act approved March 4, 1964 (Ga. Laws 1964, p. 2384), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2723), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3138), an Act approved April 13, 1967 (Ga. Laws 1967, p. 3058), and an Act approved April 10, 1968 (Ga. Laws 1968, p. 3501), so as to change the provisions relating to the Comptroller; to authorize the board to adopt resolutions and regulations whereby they may sell and dispose of abandoned personalty; to change the pro visions relating to annual audits; to delete the provisions relating to a certain amount to be budgeted for recreational purposes; to provide for the budgeting and expenditure of certain funds for the purpose of advertising Clayton County in the interest of industrial expansion; to provide for severability; 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. An Act creating a board of county commissioners for Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3072), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3118), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2268), an Act approved March 11, 1963 (Ga. Laws 1963, p. 2148), an Act approved March 4, 1964 (Ga. Laws 1964, p. 2384), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2723), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3138), an Act approved April 13, 1967 (Ga. Laws 1967, p. 3058), and an Act approved April 10, 1968 (Ga. Laws 1968, p. 3501), is hereby amended by striking Section 10B in its entirety and inserting in lieu thereof a new Section 10B to read as follows:
"Section 10B. The board is hereby authorized to employ a Comptroller-Administrative Assistant who shall be directly re sponsible to the board. The Comptroller-Administrative Assistant shall not be covered by any provisions of the Civil Service System of Clayton County. The Comptroller-Administrative Assistant shall have at least three years experience in accounting work for a feder al, state, county or municipal agency. The compensation of the Comptroller-Administrative Assistant shall be fixed by the board but shall not be less than $6,000.00 per annum nor more than $13,500.00 per annum, payable in equal monthly installments from the funds of Clayton County. The Comptroller-Administrative As sistant shall give a satisfactory surety bond approved by and payable to the ordinary of Clayton County or his successor in office and filed in the office of the ordinary in the sum of $25,000.00,
WEDNESDAY, MARCH 5, 1969
869
conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Clayton County. The Comptroller-Administrative Assistant shall provide ad ministrative assistance for the board and chairman, and pursuant to resolutions adopted by the board and instruction given by the chairman, he shall perform the duties enumerated as follows:
(1) Keep and maintain accurate records reflecting the finan cial affairs of the county.
(2) Compile the annual budget covering all funds.
(3) Sign checks and disburse quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same.
(4) Maintain current accounts over the collection and deposit of monies due the county from taxes and other sources.
(5) Examine all claims against the county and make recom mendations as to payment.
(6) Maintain budgetary control accounts showing encum brances for obligations entered into, liquidation of such encum brances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations.
(7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds.
(8) Prepare and issue quarterly financial reports of the opera tions of all county funds.
(9) Maintain property control records of all county property, including equipment and stores, and supervise stores.
(10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of fi nancing those requirements and advise the chairman and board on financial matters.
(11) Perform such other duties as may be assigned by the chairman and/or board."
Section 2. Said Act is further amended by adding immediately fol lowing Section 10B a new Section 10C to read as follows:
"Section 10C. The board of county commissioners, in addition to the above powers and authorities, are authorized to adopt reso lutions and regulations whereby they may sell and dispose of aban doned personalty including, but not limited to, vehicles, which in the performance of their police powers they have caused to be
870
JOURNAL OP THE SENATE,
removed from either public or private property for the health, safety and welfare of the general public, after giving notice to any known owner or interest holder as directed in said resolution."
Section 3. Said Act is further amended by striking subsection (a) of Section 14 in its entirety and inserting in lieu thereof a new sub section (a) of Section 14 to read as follows:
"(a) It shall be the duty of the board of county commissioners of Clayton County to have conducted an annual audit of the fi nancial affairs, books, and records of Clayton County, and of the Clayton County Water Authority in accordance with the provisions hereinafter set forth. The board of county commissioners shall select a certified public accountant or a firm of certified public accountants and employ such certified public accountant or firm so selected as the auditor of the county to conduct an audit of the county books and records and of the books and records of the Clayton County Water Authority at the close of each fiscal year of said county. Said board of county commissioners shall also have the authority to use said auditor to assist and advise in the prepa ration of budgets and in accounting procedures and in general daily bookkeeping practices."
Section 4. Said Act is further amended by striking subsection (d) of Section 14 in its entirety and by redesignating subsections (e) and (f) of Section 14 as subsections (d) and (e), respectively.
Section 5. Said Act is further amended by striking Section 17 in its entirety and inserting in lieu thereof a new Section 17 to read as follows:
"Section 17. At the beginning of each year and before any money is borrowed for the current operation of the county, a tenta tive budget shall be adopted, based on requests from the various departments of the county and the anticipated revenue for such current year. After the permanent budget has been adopted, no warrants shall issue or become a legal charge against the county in excess of the anticipated revenue unless approved by the grand jury in office at the time of the warrant's issue. The board may budget 20 percent (20%) of the fees collected for business licenses up to a maximum of $20,000.00 and such funds may be expended by the board for the purpose of advertising Clayton County. The board is empowered to contract with firms or organizations to carry out this function of county government."
Section 6. If any part of this Act is declared unconstitutional, the remainder shall remain in full force and effect.
Section 7. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
WEDNESDAY, MARCH 5, 1969
871
On the adoption of the substitute, the ayes were 42, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following local, uncontested bill, which was previously read the third time, passed by the Senate, and subsequently reconsidered was put upon its passage:
HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Senator Abney of the 53rd offered the following amendment:
Amend HB 552 as follows:
By striking from the title and Section 1 the following:
"and an Act approved March 24, 1965 (Ga. Laws 1965, p. 2604)",
and substituting in lieu thereof the following:
"an Act approved March 24, 1965 (Ga. Laws 1965, p. 2604), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2720), and an Act approved April 6, 1967 (Ga. Laws 1967, p. 2963),".
By inserting in the second sentence of quoted Section 3, which Section is quoted in Section 1 of said bill, between the words "annum" and "and" the following:
"and an expense allowance of $600.00 per annum,".
By striking from Section 2 the symbol and figure "$400.00" and substituting in lieu thereof "$1200.00".
By striking from Section 3 the symbol and figure "$400.00" and substituting in lieu thereof "$1200.00".
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JOURNAL OF THE SENATE,
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 as amended.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Scripture reading and prayer were offered by Dr. Stanley Hahn, pastor, First Baptist Church, Dublin, Georgia.
Senator Dean of the 6th asked unanimous consent that the call of the roll be dispensed with.
The consent was granted.
The following general bill and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
SR 74. By Senators Hensley of the 33rd, Hardy of the 56th, Doss of the 52nd, and Broun of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the compensation of any elected officer or official whose compensation is fixed by law may not be changed during the term of office to which he was elected; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III, Section IX of the Constitution is hereby amended by adding at the end thereof a new Paragraph to be num bered Paragraph II and to read as follows:
"Paragraph II. The compensation of any elected officer or of ficial whose compensation is fixed by the General Assembly may
WEDNESDAY, MARCH 5, 1969
873
not be changed during the term of office to which such officer or official was elected."
Section 2. The above proposed amendment to the Constitution 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 provide that the compensation of any elected officer or official
) whose compensation is fixed by law may not be changed during the term of office to which he was elected?"
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 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 of 5th Broun of 46th Brown of 47th Chapman Dean Doss Eldridge Garrard
Hardy
Hensley Holloway London Miller Pennington Plunkett Reeder Reynolds
Searcey Smalley Smith of 18th Smith of 34th Stephens Tysinger Vann Walling
Those voting in the negative were Senators:
Abney
Adams of 26th Andrews Carter
Coggin
Cox Fincher of 51st Fincher of 54th
Gillis
Hill Holley Hudgins
874
Kennedy McGill Noble Riley
JOURNAL OF THE SENATE,
Rowan Scott Starr Trippe
Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 25, nays 24.
The resolution, having failed to receive the requisite two-thirds constitu tional majority, was lost.
HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th, and others:
A bill to amend an Act revising and recodifying the laws relating to crime, so as to define the offense of hijacking an aircraft; and for other purposes.
Senator Andrews of the 49th offered the following amendment:
Amend HB 458 by adding a sentence at the end of Section 1 as follows:
"The offense of hijacking is declared to be a continuing of fense from the point of beginning and jurisdiction to try a person accused of the offense of hijacking shall be in any county of Georgia over which the aircraft is being operated."
and amend caption accordingly.
On the adoption of the amendment, the ayes were 38, nays 1, and the amendment was adopted.
Senator Johnson of the 38th offered the following amendment:
Amend HB 458 by striking the word "death" in the 7th line of Chapter 26 Section 3301 Section 1.
On the adoption of the amendment, the ayes were 21, nays 22, and the amendment was lost.
WEDNESDAY, MARCH 5, 1969
875
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 42, nays 5.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Holley of the 22nd moved that the following bill of the Senate be recommitted to the Committee on Banking and Finance:
SB 156. By Senator Holley of the 22nd:
A bill to amend Code Section 109A-4-213, relating to the time when an item is finally paid by a payor bank, so as to clarify when an item making a provisional settlement is finally paid; to provide an effective date; to repeal conflicting laws; and for other purposes.
On the motion, the ayes were 34, 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:
SB 214. By Senator Coggin of the 35th:
A bill to amend Section 56-620 of the Code of Georgia, relating to re quirements concerning brokers and solvent insurers, so as to change the circumstances under which a broker may insure with a foreign insurer; to repeal conflicting laws; and for other purposes.
Senator Smalley of the 28th offered the following amendment: Amend SB 214 by striking wherever it appears "/or" in bill.
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, was agreed to as amended.
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JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 36, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 200. By Messrs. Chandler and Harrington of the 34th:
A resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 201. By Messrs. Chandler and Harrington of the 34th: A resolution authorizing the conveyance of certain real property located in Baldwin 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 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st, Brown of the 110th and others: A bill to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
WEDNESDAY, MARCH 5, 1969
877
Senator Smalley of the 28th offered the following amendment:
Amend HB 156 by striking Section 1 in its entirety and substitut ing in lieu thereof the following:
"An Act providing for compulsory school attendance, approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 168), and an Act approved March 21, 1958 (Ga. Laws 1958, p. 231), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof the following:
"Section 1. Every parent, guardian, or other person residing within the State of Georgia having control or charge of any child or children between their seventh and sixteenth birthdays, shall enroll and send such child or children to a public or private school, and such child shall be responsible for enrolling and at tending a public or private school under such penalty for noncompliance herewith as is hereinafter provided, unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian or other person shall be responsible."
On the adoption of the amendment, the ayes were 32, nays 3, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 10.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolution was read and adopted:
SR 97. By Senator Kidd of the 25th:
A resolution congratulating Mrs. Saralyn Foster; and for other pur poses.
The following bill of the House was taken up for the purpose of considering House action thereto:
878
JOURNAL OF THE SENATE,
HB 51. By Mr. Paris of the 14th:
A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
Senator Holloway of the 12th moved that the Senate insist on its amend ment to HB 51 and that a Committee of Conference be appointed.
On the motion, the ayes were 39, nays 0, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Holloway of the 12th, Garrard of the 37th and Rowan of the 8th.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 30. By Mr. Levitas of the 77th:
A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
Senator Smalley of the 28th moved that the Senate insist on its amend ment to HB 30.
On the motion, the ayes were 40, nays 1, and the motion prevailed.
The following reports of standing committees were read by the secretary:
Senator Fincher of the 51st 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 and resolution of the House and has instructed me,
WEDNESDAY, MARCH 5, 1969
879
as Chairman, to report the same back to the Senate with the following recom mendations :
HB 218. Do pass. HB 572. Do pass as amended. HR 128. Do pass.
Respectfully submitted, Fincher of 51st District, Chairman.
Senator Fincher of the 54th District, Chairman of the Committee on Tem perance, 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 recommendation:
HB 396. Do pass as amended.
Respectfully submitted, Fincher of 54th District, Chairman.
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 bill and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HB 332, Do pass. HR 222. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
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JOURNAL OF THE SENATE,
Mr. President:
Your Committee on County and Urban 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 87. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 156. Do pass by substitute. HB 304. Do pass. HB 413. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Eldridge of the 7th, 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 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 1. SB 55. SB 193. SB 213.
SR 67. SR 72. SR 73.
WEDNESDAY, MARCH 5, 1969
881
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Hudgins of the 15th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
882
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Thursday, March 6, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Kennedy of the 4th 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 Riley of the 1st 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the nurse for today, Miss Katherine Akin.
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:
THURSDAY, MARCH 6, 1969
883
HB 112. By Mr. Harris of the 77th:
A bill to amend an Act creating the Peace Officers' Annuity and Bene fit Fund, so as to provide for the increasing of death benefits in the amount of $500.00; and for other purposes.
HB 118. By Mr. Vaughn of the 74th: A bill to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Depart ment in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st: A bill to prohibit the intentional dumping or leaving of a dead dog on private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
HB 527. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th: A bill to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals the following: "Have you filed an intangible tax return for this year? If not, why not?"; and for other purposes.
HB 550. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Collins of the 72nd, Dean of the 19th, Lane of the 101st, Wood of the llth and Crowe of the 1st: A bill to provide preference for certain veterans in any civil service program established in the State government or any political sub division thereof; to provide the procedure connected therewith; to de fine "armed conflict"; and for other purposes.
HB 557. By Messrs. Dorminy of the 48th, Hudson of the 48th and Busbee of the 61st: A bill to amend subsection (q) of Code Section 92-1404, relating to the distribution of funds to counties for construction and maintenance
884
JOURNAL OP THE SENATE,
of public roads, so as to provide for the time of submission of certifi cates of accumulation of funds and proof of deposit or investment of such funds; and for other purposes.
KB 609. By Mr. Jones of the 59th:
A bill to amend Code Section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decedent, notwith standing the question of the dependency of the next of kin upon the decedent for support; and for other purposes.
HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Collins of the 72nd:
A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain retirement systems; and for other purposes.
HB 674. By Mr. Brantley of the 114th:
A bill to provide for the multiple registration of motor vehicles used by certificated or registered motor carriers; and for other purposes.
HB 689. By Messrs. Keyton and Russell of the 70th, Wamble of the 69th, Connell of the 79th, Dent of the 79th, Miles of the 78th and McCracken of the 36th:
A bill to amend Code Chapter 24-8, relating to constables, so as to provide for the appointment of constables by the justice of the peace in each militia district; and for other purposes.
HB 700. By Messrs. Graves, Lowrey and Toles of the 9th:
A bill to authorize and effectuate the establishment of a merit system for the government of Floyd County to include all employees of the county except as hereinafter provided; and for other purposes.
HB 704. By Messrs. Maxwell and Simkins of the 78th, Sherman and DeLong of the 80th, Dent and Connell of the 79th:
A bill to amend an Act incorporating the Trustees of the Masonic Hall, in the City of Augusta; and for other purposes.
THURSDAY, MARCH 6, 1969
885
HB 296. By Messrs. Northcutt of the 21st, Lane of the 101st, Dailey of the 53rd, Bray of the 31st, Gray of the 21st and others:
A bill to provide for reimbursement of reasonable relocation expenses of homeowners or owners of businesses who have been displaced as a result of airport expansion; to provide for proration of ad valorem taxes on certain condemned properties; and for other purposes.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 30. By Mr. Levitas of the 77th:
A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Levitas and Harris of the 77th, and Busbee of the 61st.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 244. By Senator Reynolds of the 48th: A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, approved Dec. 24, 1937, so as to provide for electing the city commissioners by a majority vote; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County & Urban Affairs.
SB 245. By Senator Smalley of the 28th: A bill to amend the "Georgia Insurance Code", so as to provide that surplus funds borrowed by such companies as therein authorized shall not constitute liabilities of the companies except as provided herein or as herein authorized; and for other purposes.
Referred to Committee on Banking and Finance.
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JOURNAL OF THE SENATE,
SB 246. By Senators Plunkett of the 30th and Coggin of the 35th:
A bill to repeal House Resolution No. 14a. adopted at the 1949 Extraordinary Session of the General Assembly of Georgia, which resolution authorized the Secretary of State to mail sections of the Georgia Laws to the lawyers of this State and other public officials; to repeal conflicting laws; and for other purposes-
Referred to Committee on Appropriations.
SR 95. By Senator Hensley of the 33rd: A resolution relative to the tax exemption on municipal bonds; and for other purposes.
Referred to Committee on Banking and Finance.
SR 96. By Senators Bateman of the 27th, Garrard of the 37th, Adams of the 26th and others: A resolution relative to a Bill-of-Rights for older Georgians; and for other purposes.
Referred to Committee on Health and Welfare.
The following bills were read the first time and referred to committees:
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st and others: A bill to prohibit the intentional dumping or leaving of a dead dog on private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
Referred to Committee on Health and Welfare.
HB 527. By Messrs, Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals the following: "Have you filed an intangible tax return for this year? If not, why not?"; and for other purposes.
Referred to Committee on Banking and Finance.
THURSDAY, MARCH 6, 1969
887
HB 550. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th and others:
A bill to provide preference for certain veterans in any civil service program established in the State government or any political sub division thereof; to provide the procedure connected therewith; to define "armed conflict"; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 557. By Messrs. Dorminy of the 48th, Hudson of the 48th and Busbee of the 61st:
A bill to amend subsection (g) of Code Section 92-1404, relating to the distribution of funds to counties for construction and maintenance of public roads, so as to provide for the time of submission of certificates of accumulation of funds and proof of deposit or investment of such funds; and for other purposes.
Referred to Committee on Appropriations.
HB 609. By Mr. Jones of the 59th:
A bill to amend Code Section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decedent, notwith standing the question of the dependency of the next of kin upon the decedent for support; and for other purposes.
Referred to Committee on Judiciary.
HB 652. By Messrs. Bell of the 73rd, Westlake of 75th and Collins of the 72nd: A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain retirement systems; and for other purposes.
Referred to Committee on Retirement.
HB 674. By Mr. Brantley of the 114th: A bill to provide for the multiple registration of motor vehicles used by certificated or registered motor carriers; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
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JOURNAL OF THE SENATE,
HB 689. By Messrs. Keyton and Russell of the 70th, Wamble of the 69th and others:
A bill to amend Code Chapter 24-8, relating to constables, so as to provide for the appointment of constables by the justice of the peace in each militia district; and for other purposes.
Referred to Committee on Judiciary.
HB 700. By Messrs, Graves, Lowrey and Toles of the 9th:
A bill to authorize and effectuate the establishment of a merit system for the government of Floyd County to include all employees of the county except as hereinafter provided; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 704. By Messrs. Maxwell and Simkins of the 78th, Sherman of the 80th and others:
A bill to amend an Act incorporating the Trustees of the Masonic Hall, in the City of Augusta; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions were read the second time:
SB 235. By Senator Coggin of the 35th:
A bill to amend Code Section 24-2715, relating to additional duties of clerks of Superior Courts; so as to provide that the clerk of Superior Court shall not be required to record any deed to real estate unless same carries the address of the grantee; but only file and index such deed; to provide that the clerk of the Superior Court shall furnish to the tax assessors of the county and to the tax assessors of any city in such county which request the same, copies of such deeds; and for other purposes.
SB 236. By Senator London of the 50th:
A bill to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
SB 237. By Senators Reeder of the 55th, Miller of the 43rd and Tysinger of the 41st:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected
THURSDAY, MARCH 6, 1969
889
and providing for the terms and method of electing such members, so as to change the terms of office of the members of the board of education; and for other purposes.
SB 238. By Senators Hensley of the 33rd, Fincher of the 51st, London of the BOth and others:
A bill to amend an Act approved April 14, 1967, so as to authorize State Highway Department to acquire and convey rights of way and easements to Federal Government for the Federal construction of Blue Ridge Parkway; and for other purposes.
SB 239. By Senator Zipperer of the 3rd:
A bill to amend an Act to create a board of commissioners of roads and revenues for the County of Effingham to be elected by the qualified voters of said county, to define the duties of said commissioners and for other purposes, so as to change the compensation for the com missioners; and for other purposes.
SB 240. By Senator Zipperer of the 3rd:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the Superior Court of Bryan County upon an annual salary, approved March 10, 1959, so as to change the compensation of the deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 241. By Senator Zipperer of the 3rd:
A bill to amend an Act creating a new charter for the Town of Guyton, approved March 10, 1933, so as to change the corporate limits of said Town; to provide for a referendum; to repeal conflicting laws; and for other purposes.
SB 242. By Senator Riley of the 1st:
A bill to require a prevailing wage for persons working on State projects; to provide a penalty for violating this Act; to repeal con flicting laws; and for other purposes.
SB 243, By Senators Coggin of the 35th and Padgett of the 23rd:
A bill to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibition on any permanent race track or other place where races or exhibitions are held unless there shall first be obtained a license as set forth herein; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
SR 93. By Senator Maclntyre of the 40th:
A resolution proposing an amendment to the Constitution, so as to extend immunity from civil liability to employees of the State of Georgia; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
SR 94. By Senators Reeder of the 55th, Miller of the 43rd and Tysinger of the 41st:
A resolution proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
HB 31. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of applicants for renewal licenses at educational programs prior to the renewal of licenses to practice veterinary medicine; and for other purposes.
HB 48. By Messrs. Hutchinson of the 61st and Barber of the 15th:
A bill to provide that a driver's license issued to any person who is under the age of 21 on the date such license is issued shall be marked or printed so that it is easily ascertainable that the licensee was under the age of 21 on the date the license was issued; and for other purposes.
HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th and others:
A bill to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.
THURSDAY, MARCH 6, 1969
891
HB 171. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensation" shall include the compensation paid to a member by a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.
HB 174. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the Board is authorized to make certain postretirement benefit changes; and for other purposes.
HB 331. By Messrs. Dean of the 76th, Ezzard of the 102nd, Hood of the 99th and others:
A bill to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed or national origin of the person upon whom the ar rest is being made; and for other purposes.
HB 388. By Mr. Harris of the 77th:
A bill to authorize a stenographer to be present with the DeKalb County Grand Jury while witnesses are being examined before said Grand Jury; to provide for the appointment and compensation of said stenographer; and for other purposes.
HB 489. By Mr. Harris of the 77th:
A bill to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the interest to make certain purchases upon authorization of a judge of the superior court; and for other purposes.
HB 502. By Messrs. Atherton, Wilson, Kreeger and others of the 117th:
A bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits of said city; and for other purposes.
HB 509. By Mr. Rowland of the 42nd: A bill to amend an Act creating emeritus offices for State House offi cials, so as to provide that in the event any person shall become eligible for appointment or shall have been appointed to an emeritus office or
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JOURNAL OF THE SENATE,
emeritus status as provided in said Act, his right to appointment to such emeritus office or emeritus status or to continue to hold such appointment and to draw salaries fixed therefor shall be suspended ; and for other purposes.
HB 586. By Messrs. Matthews and Pallin of the 63rd:
A bill to amend an Act establishing the Colquitt County Airport Au thority, so as to change the name of said Authority; and for other purposes.
HB 592. By Mr. Moate of the 28th:
A bill to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, so as to change the fees and costs in connection with said court; and for other purposes.
HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones of the 84th and others:
A bill to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.
HB 618. By Messrs. Peter's of the 2nd, Snow, Crowe and Hale of the 1st:
A bill to amend an Act incorporating the Town of Oglethorpe, so as to clarify the provisions relating to the terms of office of the mayor and alderman; and for other purposes.
HB 635. By Mr. Floyd of the 7th:
A bill to amend an Act placing the ordinary of Chattooga County on a salary basis, so as to change the amount which may be expended for clerical help for the ordinary; and for other purposes.
HB 636. By Mr. Floyd of the 7th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to change the maximum com pensation authorized for the clerk of the commissioner and the warden of the county public works camp; and for other purposes.
HB 637. By Mr. Floyd of the 7th:
A bill to amend an Act creating the City Court of Chattooga County, so as to change the name of the City Court of Chattooga County to the Civil and Criminal Court of Chattooga County; and for other purposes.
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893
HB 638. 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 basis, so as to change the maximum amount which may be paid the deputy clerk; and for other purposes.
HB 639. By Mr. Ployd of the 7th:
A bill to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner; and for other purposes.
HB 640. By Mr. Ross of the 26th:
A bill to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Ga. L. 1968, p. 1702, and which was ratified by the voters of Lincoln County, so as to pro vide for appointment of members of the Lincolnton and Lincoln County Development Authority; and for other purposes.
HB 642. By Messrs. Kreeger, Burruss, Henderson and others of the 117th:
A bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.
HB 646, By Mr. Grahl of the 40th:
A bill to create the Peach County Industrial Development Auhtority; and for other purposes.
HB 657. By Messrs. Fallin, Matthews and Bostick of the 63rd:
A bill to create a new board of education of Colquitt County; to provide for a chairman and other members of the board; to provide for all matters relative to the foregoing; to provide for a referendum; and for other purposes.
HB 660. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act changing from the fee system to the salary system in the County of Dodge, the Sheriff of said county and the Clerk of the Superior Court thereof, so as to change the compensation of the sheriff and the Clerk of the Superior Court of said county; and for other purposes.
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JOURNAL OF THE SENATE,
HB 661. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employee of the Tax Commissioner of Dodge County; and for other purposes.
HB 662. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner; and for other purposes.
HB 663. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act changing the compensation of the Ordinary of Dodge County, so as to change the compensation of the Ordinary; and for other purposes.
HB 664. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that certain officers and employees who sell prop erty in excess of $100,000 to said City must do so as a result of com petitive bidding; to increase the number of city commissioners; and for other purposes.
HB 665. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act fixing the salaries of certain officers of Bleckley County, so as to change the compensation of the ordinary; and for other purposes.
HB 666. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Tax Collector of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
HB 668. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Tax Receiver of Bleckley County, known as the fee system; and for other purposes.
HB 669. By Messrs. Anderson and Holder of the 49th:
A bill to consolidate the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner; and for other purposes.
THURSDAY, MARCH 6, 1969
895
HB 671. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the city of Hawkinsville to sell and convey a certain tract of land; and for other purposes.
HB 672. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation, so as to in crease the salary limitation of the clerk or deputy of the ordinary; and for other purposes.
HB 673. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Bleckley County, known as the fee system; and for other purposes.
HB 675. By Mr. Brantley of the 52nd:
A bill to amend an Act creating a board of commissioners of Candler County, so as to change the compensation of the clerk of the board of commissioners; and for other purposes.
HB 676. By Mr. Brantley of the 52nd:
A bill to amend an Act providing a supplemental salary for the ordinary of Candler County, so as to increase the supplemental salary of the or dinary; and for other purposes.
HB 678. By Messrs. Chandler and Harrington of the 34th:
A bill to amend an Act entitled "An Act to create a Board of Commis sioners of Roads and Revenues of Wilkinson County .... .", so as to provide for the election of County Commissioners for a term of 4 years; and for other purposes.
HB 679. By Messrs. Edwards and Black of the 45th:
A bill to provide for the compensation of the coroners of all counties with populations of not less than 8,250 and not more than 8,350 accord ing to the 1960 Federal Decennial Census or any future such census; and for other purposes.
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JOURNAL OF THE SENATE,
HB 680. By Messrs. Bowen and Rainey of the 47th:
A bill to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority, relating to the issu ance of and security for the bonds of the Authority; and for other purposes.
HB 681. By Mr. Joiner of the 35th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Washington (now Board of Commissioners of Washington County), so as to provide an expense allowance of $100 per month for each member of said Board; and for other purposes.
HB 685. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act placing the Sheriff of Wilcox Connty on a salary basis, so as to change the expense allowance for said sheriff; and for other purposes.
HB 690. By Mr. Grahl of the 40th:
A bill to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 691. By Mr. Grahl of the 40th:
A bill to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, so as to change the compensation of the clerk; and for other purposes.
HB 692. By Mr. Grahl of the 40th:
A bill to abolish the present mode of compensating the ordinary of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HR 17. By Mr. Mauldin of the 12th: A resolution compensating Mr. John M. McCall; and for other purposes.
HR 22. By Messrs. Bennett, Barfield and Reaves of the 71st:
A resolution compensating Mr. James W. Morgenthaler; and for other purposes.
THURSDAY, MARCH 6, 1969
897
HR 57. By Messrs. Smith, Cole and Leonard of the 3rd: A resolution compensating Mr. E. M. Moss; and for other purposes.
HR 82. By Messrs. Nessmith of the 44th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th and Jones of the 59th: A resolution creating the Georgia Coastal Islands Study Committee; and for other purposes.
HR 83. By Mr. Moate of the 28th: A resolution compensating Mr. Ben W. Butts; and for other purposes.
HR 95. By Mr. Fallin of the 63rd: A resolution compensating Mr. Vernon F. Holloman; and for other purposes.
HR 123. By Mr. Colwell of the 5th: A resolution compensating M. A. Giles; and for other purposes.
HR 144. By Mr. Vaughn of the 74th: A resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee on Coun ty and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 53. Do pass by substitute. SB 66. Do pass as amended. SB 80. Do pass. SB 99. Do pass. SB 100. Do pass.
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JOURNAL OF THE SENATE,
SB 133. Do pass. SB 216. Do pass. SB 220. Do pass. SB 232. Do pass. HB 110. Do pass as amended. HB 154. Do pass as amended. HB 261. Do pass. HB 276. Do pass.. HB 283. Do pass. HB 294. Do pass. HB 351. Do pass. HB 386. Do pass. HB 411. Do pass by substitute. HB 419. Do pass. HB 425. Do pass. HB 442. Do pass. HB 443. Do pass. HB 464. Do pass. HB 465. Do pass. HB 466. Do pass. HB 491. Do pass. HB 492. Do pass. HB 493. Do pass. HB 500. Do pass. HB 501. Do pass. HB 510. Do pass. HB 528. Do pass as amended. HB 544. Do pass. HB 545. Do pass. HB 580. Do pass.
HB 581. Do pass. HB 583. Do pass.
HB 584. Do pass.
HB 588. Do pass.
THURSDAY, MARCH 6, 1969
899
HB 591. Do pass. HB 596. Do pass. HB 597. Do pass. HB 598. Do pass. HB 599. Do pass. HB 600. Do pass. HB 601. Do pass. HB 615. Do pass. HB 622. Do pass. HB 623, Do pass. HB 624. Do pass. HB 633. Do pass. HB 634. Do pass by substitute.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Chapman of the 32nd 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 91. Do pass. Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Hensley of the 33rd District, Chairman of the Committe on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills
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of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 238. Do pass. SB 243. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
Senator Stephens of the 36th moved that the following resolution of the House be withdrawn from the Committee on Rules and recommitted to the Com mittee on County and Urban Affairs:
SR 76. By Senator Stephens of the 36th:
A resolution creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.
On the motion, the ayes were 34, nays 0, and the motion prevailed.
The following resolution was read and adopted:
SR 98. By Senator Rowan of the 8th: A resolution commending the Valdosta High School "Wildcats" football team; and for other purposes.
Scripture reading and prayer were offered by the Reverend C. L. McCutchen, pastor, Greenville Baptist Church, Greenville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:
HB 51. By Mr. Paris of the 14th:
A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
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901
The report of the Committee of Conference was as follows:
The Conference Committee on HB 51 recommends that the Senate and House both recede from their positions and that the attached Sub stitute to HB 51 be adopted.
Respectfully submitted,
FOR THE SENATE Ed Garrard Senator, 37th District Robert A. Rowan Senator, 8th District A. W. Holloway Senator, 12th District
FOR THE HOUSE OF REPRESENTATIVES James W. Parris Representative, 14th District
Dr. McKee Hargrett Representative, 58th District William J. Lee Representative, 21st District
A BILL
To be entitled an Act to amend an Act regulating the employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), so as to permit the employment of certain fifteen year olds during the months in which they are on vacation from school under certain circumstances; 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 regulating the employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), is hereby amended by adding between Sections 2 and 3 a new section to be numbered Section 2A and to read as follows:
"Section 2A. Notwithstanding any other provisions of this Act to the contrary, during the months in which a child fifteen years of age is on vacation from school, he may be engaged in any gainful employment which is not otherwise prohibited, if he shall present to his employer the certificate required by Section 7 of this Act, and a certificate from a physician licensed to practice medicine under the provisions of Code Chapter 84-9 or Code Chapter 84-12, that the child is physically able to accomplish the tasks for which he will be engaged during the course of his employment. This Sec tion shall not be construed so as to permit children fifteen years of age to be employed in occupations and activities which are pro hibited other than by the provisions of this Act."
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Holloway of the 12th moved that the Senate adopt the report of the Committee of Conference to HB 51.
On the motion, the ayes were 29, nays 0.
The motion prevailed, and the report of the Committee of Conference was adopted.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
SR 83. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st and others: A resolution designating "Georgia Authors' Week"; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 156. By Senator Holley of the 22nd: A bill to amend Code Section 109A-4-213, relating to the time when an item is finally paid by a payor bank, so as to clarify when an item making a provisional settlement is finally paid; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 109A-4-212, relating to the right of charge-back or refund by a bank, so as to provide that an intermediary or payor bank may return an unpaid item directly to the
THURSDAY, MARCH 6, 1969
903
depositary bank and may send for collection a draft on the depositary bank and obtain reimbursement; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 109A-4-212, relating to the right of chargeback or refund by a bank, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 109A-4-212 to read as follows:
"109A-4-212. Right of charge-back or refund.--(1) If a col lecting bank has made provisional settlement with its customer for an item and itself fails by reason of dishonor, suspension of pay ments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account or obtain refund from its customer wheth er or not it is able to return the items if by its midnight deadline or within a longer reasonable time after it learns the facts it re turns the item or sends notification of the facts. These rights to revoke, charge back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (subsection (3) 109A-4-211 and subsections (2) and (3) 109A-4-213).
(2) Within the time and manner prescribed by this section and Section 109A-4-301, an intermediary or payor bank, as the case may be, may return an unpaid item directly to the depositary bank and may send for collection a draft on the depositary bank and obtain reimbursement. In such case, if the depositary bank has re ceived provisional settlement for the item, it must reimburse the bank drawing the draft and any provisional credits for the item between banks shall become and remain final.
(3) A depositary bank which is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (109A-4-301).
(4) The right to charge back is not affected by
(a) prior use of the credit given for the item; or
(b) failure by any bank to exercise ordinary care with respect to the item but any bank so failing remains liable.
(5) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.
(6) If credit is given in dollars as the equivalent of the value of an item payable in a foreign currency the dollar amount of any charge-back or refund shall be calculated on the basis of the buying sight rate for the foreign currency prevailing on the day when the
904
JOURNAL OF THE SENATE,
person entitled to the charge-back or refund learns that it will not receive payment in ordinary course."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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 substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 396. By Messrs. Pickard, Jones and Buck of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th: A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the proce dures and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be au thorized and regulated by certain counties and municipalities; and for other purposes.
The Committee on Temperance offered the following amendment:
Amend HB 396 by renumbering Section 4 as Section 5. And, by inserting a new Section 4, to read as follows:
"Section 4. Said Act is further amended by striking from subsection (e) of Section 31 the following:
'thirty-five (35%)', and inserting in lieu thereof the folowing:
'fifteen (15%)', so that when so amended subsection (e) shall read as follows:
THURSDAY, MARCH 6, 1969
905
'(e) In any municipality or county which has at any time held an election in accordance with the foregoing provisions of this section resulting in the majority of the votes being cast in favor of the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink, the governing authority of such municipality or county shall upon a petition signed by at least fifteen (15%) per cent of the registered, qualified voters of said municipality or county proceed to call another election in the same manner as hereinbefore prescribed for the purpose of nullifying the previous election; provided, however, no such election shall be called or had within two (2) years after the date of the declaration by the governing authority of the re sults of the previous election held for such purposes as hereinabove provided.'"
On the adoption of the amendment, the ayes were 34, nays 4, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 6.
The bill, having received the requisite constitutional majority, was passed amended.
Senator Holloway of the 12th moved that HB 396 be immediately transmitted to the House.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
SB 180. By Senators Bateman of the 27th, Garrard of the 37th and London of the 50th:
A bill to amend an Act relating to the exemption of property from tax ation, approved Jan. 31, 1946 (Ga. L. 1946, p. 12), as amended, so as to exempt from taxation all apartment projects for persons age 62 or over and who have annual incomes of $4,000 or less, which are owned by re* ligious groups and which were financed by Federal loan funds; and for other purposes.
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JOURNAL OF THE SENATE,
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to exempt from all ad valorem taxation all apartment projects for persons age 62 or over who have annual incomes of $4,000 or less, which are owned by religious groups and which have been financed by Federal loan funds pursuant to Section 202 of the Federal Housing Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Pursuant to the provisions of Article VII, Section I, Paragraph III of the Constitution, all non-profit apartment projects for persons age 62 or over and who have annual incomes of $4,000 or less, which are owned by religious groups and which have been financed by Federal loan funds pursuant to Section 202 of the Federal Housing Act shall be exempt from all ad valorem taxation.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Bateman of the 27th offered the following amendment to the com mittee substitute:
Amend committee substitute to SB 180 by changing the phrase "Paragraph III" where it appears in Section 1, to read: "Paragraph IV".
On the adoption of the amendment to the committee substitute, the ayes were 36, nays 0, and the amendment 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.
THURSDAY, MARCH 6, 1969
907
Senator Webb of the llth asked unanimous consent that he be allowed to abstain from voting because he was a founder, a former president and is now on the Board of Trustees of Magnolia Manor, a Methodist nursing home for the elderly.
The consent was granted.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 30. By Mr. Levitas of the 77th:
A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
Senator Smalley of the 28th moved that the Senate insist on its amendment to HB 30, and that a Committee of Conference be appointed.
On the motion, the ayes were 32, nays 0, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate the following:
Senator Smalley of the 28th, Senator Holley of the 22nd and Senator Webb of the llth.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SR 51. By Senators Garrard of the 37th, Tysinger of the 41st, Bateman of the 27th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of each county to have legislative power to adopt ordinances, resolutions or regulations respecting the salaries of elective and appointive county officers, and the employees of the county, and respecting county pension systems, to the same extent as heretofore has been exercised by the General Assembly of Georgia; to provide for sub mission of this amendment for ratification or rejection; and for other purposes.
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BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XV, Section II of the Constitution is hereby amended by striking in its entirety subsection (c) of Paragraph I, and inserting in lieu thereof a new subsection (c), to read as follows:
"(c) The power granted to counties in subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local Acts of the General Assembly to the extent that the enactment of such local Acts is otherwise permitted under this Constitution:
(1) Action affecting the composition, form, procedure for election or appointment of the county governing authority.
(2) Action defining any criminal offense or providing for criminal punishment.
(3) Action adopting any form of taxation beyond that au thorized by law or by this Constitution.
(4) Action expending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution.
(5) Action affecting the exercise of the power of eminent domain.
(6) Action affecting any court or the personnel thereof, except compensation.
(7) Action affecting any public school system.",
and by striking Paragraph II in its entirety and inserting in lieu thereof a new Paragraph II, to read as follows:
"Paragraph II. The governing authority of each county shall have legislative authority to adopt reasonable ordinances, resolu tions or regulations respecting the salaries and expenses of elective and appointive county officers, and the employees of the county, and respecting county pension systems, to the same extent as here tofore has been exercised by the General Assembly of Georgia. The said governing authority is authorized to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Par agraph I of the Constitution of Georgia of 1945, as amended.
THURSDAY, MARCH 6, 1969
909
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 each county to have legis-
) lative power to adopt reasonable ordinances, resolutions or regulations respecting the salaries of elective and appointive county officers, and the employees of the county, and respecting county pension systems, to the same extent as heretofore has been exercised by the General Assembly of 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.
Senator Spinks of the 9th offered the following amendment:
Amend SR 51 by adding after "Paragraph II" in Section 1, a new paragraph to be numbered "Paragraph III" to read as follows:
"Paragraph III. Provided that no governing authority shall change any salary as provided for in this resolution unless it has advertised its intention in the local official county organ during three different weeks prior to any change in salary."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
Senator Johnson of the 38th offered the following amendment:
Amend SR 51 by inserting in the fourth line of Paragraph II Section 1 (c) after the word "officers" and before the word "and" the following:
"Except elective judges, district attorneys, solicitors general, solicitors and their professional assistants."
On the adoption of the amendment, the ayes were 31, nays 8, and the amend ment was adopted.
910
JOURNAL OF THE SENATE,
Senator Johnson of the 38th offered the following amendment:
Amend SR 51 by adding a new paragraph No. 8 under section 1, subsection (c) to read as follows:
"Action affecting the solicitor or the solicitors general of any criminal courts or any other state court or their professional as sistants."
On the adoption of the amendment, the ayes were 22, nays 9, and the amendment was adopted.
Senator Johnson of the 38th offered the following amendment:
Amend SR 51 by striking in section 1, subsection (c), paragraph 6 the words "except compensation"
so that said paragraph six would read "action affecting any court or the personnel thereof".
On the adoption of the amendment, the ayes were 18, nays 15, and the amendment was adopted.
Senator Ward of the 39th offered the following amendment:
Amend SR 51 by adding the following language to section 1 (c) (6) of the resolution after the word "thereof" in said subsection:
"Or the district attorney of any judicial circuit and his profes sional assistants."
Senator Garrard of the 37th moved that SR 51 be recommitted to the Com mittee on County and Urban Affairs.
On the motion to recommit, the ayes were 41, nays 0, and the motion prevailed.
HB 120. By Mr. Vaughn of the 74th: A bill to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and non-profit organizations displaced as a result of roads, streets and highways constructed in Georgia with any federal-aid funds made available under Sections 106 or 117, Title 23, United States Code, etc.; and for other purposes.
THURSDAY, MARCH 6, 1969
911
Senator Webb of the llth moved that HB 120 be postponed until March 7th.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
Senator Kidd of the 25th moved that HB 87 be recommitted to the Com mittee on County and Urban Affairs.
On the motion, the ayes were 29, nays 0, and the motion prevailed.
HR 222. By Messrs. Ware of the 30th, Ployd of the 7th, Gignilliat of the 89th, Dean of the 19th and others: A resolution authorizing the placing of a "Flame of Freedom" on the grounds of the State Capitol by the American Legion, Department of Georgia, in commemoration of the 50th anniversary of The American Legion; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 413. By Messrs. Jones of the 59th and Caldwell of the 39th: A bill relating to credit transactions and the creation of debt pursuant to a lender credit card arrangement and constituting the Lender Credit Card Act; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 6.
The bill, having received the requisite constitutional majority, was passed.
HR 128. By Mr. Paris of the 14th:
A resolution authorizing the Governor, on behalf of the State of Geor gia, to convey to Plantation Pipe Line Company, an easement for rightof-way purposes for a petroleum products pipeline or pipeline across certain lands of Fort Yargo State Park in Barrow 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 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 572. By Mr. Connell of the 79th:
A bill to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, li censing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 572 by deleting in the caption after the phrase "to provide that persons so arrested" and before the phrase "be issued citations" the word "shall" and inserting in lieu thereof the word "may". By deleting Section 1 in its entirety and inserting in lieu thereof the following:
"Notwithstanding any other provisions of any law to the con trary, law enforcement officers may arrest persons accused of vi olating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the is-
THURSDAY, MARCH 6, 1969
913
suance of a citation; provided said offense is committed in his pres ence. The officer may issue to such person and the date upon which, shall enumerate the specific charges against such person and the date upon which he is required to appear and answer said charges. If any person shall fail to appear as specified in the citation, the the judge having jurisdiction of the offense may issue a bench warrant ordering the apprehension of such person and commanding that he be brought before the court to answer the charges contained within the citation and the charge of his failure to appear as re quired."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed! as amended.
HB 218. By Mr. Williams of the llth:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regulations for the administration and enforcement of the motor vehicle inspection program, etc.; and for other purposes.
Senator Searcey of the 2nd moved that HB 218 be postponed until March 7th.
On the motion, the ayes were 34, nays 2, and the motion prevailed.
The following reports of standing committees were read by the secretary:
Senator Smith of the 18th 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
914
JOURNAL OF THE SENATE,
has had under consideration the following bill 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 5. Do pass as amended. SR 43. Do pass by substitute. HB 381. Do pass as amended. HR 133. Do pass. HR 199. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 104. Do pass by substitute.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Webb of the llth District, Chairman of the Committee on Retire ment, 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 Chairman, to report the same back to the Senate with the following recommendations:
SB 20. Do pass as amended. SB 62. Do pass as amended.
THURSDAY, MARCH 6, 1969
915
HB 5. Do pass. HB 37. Do pass as amended. HB 170. Do pass.
Respectfully submitted, Webb of llth District, Chairman.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment as amended by the House to the following bill of the House, to-wit:
HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 142. By Messrs. Rush of the 51st and Brantley of the 52nd:
A bill to provide the procedure for the consideration of the General Appropriations Bill by the House of Representatives; and for other purposes.
HB 605. By Mr. Dean of the 19th:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the compensation of the jurors for their serv ices; and for other purposes.
The following bills were read the first time and referred to committees:
916
JOURNAL OF THE SENATE,
HB 142. By Messrs. Rush of the 51st and Brantley of the 62nd:
A bill to provide the procedure for the consideration of the General Appropriations Bill by the House of Representatives; and for other purposes.
Referred to Committee on Appropriations.
HB 296. By Messrs. Northcutt of the 21st, Lane of the 101st, Bailey of the 53rd, Bray of the 31st, Gary of the 21st and others:
A bill to provide for reimbursement of reasonable relocation expenses of homeowners or owners of businesses who have been displaced as a result of airport expansion; to provide for proration of ad valorem taxes on certain condemned properties; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 605. By Mr. Dean of the 19th:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the compensation of the jurors for their services; and for other purposes.
Referred to Committee on Health and Welfare.
The following bill of the House was taken up for the purpose of considering & House amendment to a Senate amendment thereto:
HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Com missioner to maintain a record of notices of liens on titled motor ve hicles; and for other purposes.
The House amendment to the Senate amendment was as follows:
Mr. Caldwell of the 39th moved to amend the Senate Amendment No. 1 to HB 288 as follows:
By striking from the end thereof the following:
"Said Act is further amended by inserting at the end of sub section (b) of Section 31 a new subsection (c) of Section 31 to read as follows:
'(c) Any person who shall willfully and knowingly take any action affecting the title to a vehicle other than as provided in Section 21 of this Act after having received a notice of lien as provided in Section 21 of this Act is guilty of a misdemeanor.'",
THURSDAY, MARCH 6, 1969
917
and by substituting in lieu thereof the following:
"And by renumbering Sections 7 and 8 as Sections 8 and 9, respectively, and by inserting the following Section 6 a new Section 7 to read as follows:
'Section 7. Said Act is further amended by inserting at the end of subsection (b) of Section 31 a new subsection (c) of Section 31 to read as follows:
'(c) Any person who shall willfully and knowingly take any action affecting the title to a vehicle other than as provided in Sec tion 21 of this Act after having received a notice of lien as pro vided in Section 21 of this Act is guilty of a misdemeanor.'"
Senator Smalley of the 28th moved that the Senate agree to the House amendment to Senate amendment No. 1 to HB 288.
On the motion, the ayes were 36, nays 0.
The motion prevailed, and the House amendment to Senate amendment No. 1 was agreed to.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bill and resolution 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 214. SR 99.
Respectfully submitted, Eldridge of the 7th District, Chairman.
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JOURNAL OP THE SENATE,
The following resolution was read:
SR 99. By Senator Coggin of the 35th: A resolution relative to adjournment; and for other purposes.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Coggin of the 35th moved that the Senate do now adjourn until to morrow morning at 9:30 o'clock, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 9:30 o'clock.
FRIDAY, MARCH 7, 1969
919
Senate Chamber, Atlanta, Georgia, Friday, March 7, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Young of the 13th reported that the journal of yesterday's pro ceedings had been read and found correct.
Senator Jackson of the 16th objected to the following resolution of the Senate:
SR 99. By Senator Coggin of the 35th: A resolution relative to adjournment; and for other purposes.
Senator Jackson of the 16th asked unanimous consent that the following remarks be recorded in the journal:
"I object to the weekend adjournment because in my opinion the Senate has ample time to consider the business of this session of the General Assembly. I have no objection to forfeiting of pay for the two days, but object to the additional clerical expenses of extending the session. I request that those responsible for drafting the resolution be made aware of my opinion."
The consent was granted.
Senator Adams of the 26th asked unanimous consent to be recorded as ob jecting to SR 99.
The consent was granted.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
920
JOURNAL OP THE SENATE,
Senator Eiley of the 1st asked unanimous consent that the following be es tablished as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Peter Walz, and as the nurse of the day, Mrs. Molly Schneider.
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 205. By Mr. Conner of the 56th: A bill to provide for a secretary for each judge of the Superior Courts of the Brunswick Judicial Circuit; to provide for the procedure con nected therewith; to repeal an Act providing for a secretary for one judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
HB 705. By Messrs. Pinkston, Evans, Keen, Scarborough and Knapp of the 81st, Miller of the 83rd, and Dodson of the 82nd: A bill to provide for a Board of Election in Bibb County, Georgia; and for other purposes.
HB 723. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act creating the office of treasurer of Laurens County, so as to change the compensation of the treasurer; and for other purposes.
FRIDAY, MARCH 7, 1969
921
HB 724. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating a new charter for the City of Dublin, so as to change the compensation of the mayor and aldermen; and for other purposes.
HB 725. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, so as to change the compensa tion of the Clerk of the Superior Court; and for other purposes.
HB 726. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act placing the Sheriff of Laurens County upon an annual salary, so as to change the compensation of the Sheriff; and for other purposes.
HB 727. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of Tax Commissioner of Laurens County, so as to change the compensation of the Tax Commis sioner; and for other purposes.
HB 728. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act providing a supplemental salary to the ordinary of Laurens County, so as to provide an increase of the supplemental salary of the ordinary; and for other purposes.
HB 730. By Messrs. Parker, Lane and Nessmith of the 44th: A bill to amend an Act providing that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of said Ordinary; and for other purposes.
HB 731. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to change the compensation of the members of the civil service board; and for other purposes.
HB 739. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the name of said court to the State Court of Macon County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 740. By Mr. Ballard of the 23rd:
A bill to amend an Act creating a new Charter for the Town of Oxford, so as to change the compensation of the Mayor and Councilmen; to provide for the election of the Mayor and Councilmen; and for other purposes.
HB 741. By Mr. Ballard of the 23rd:
A bill to amend an Act establishing a new charter for the Town of Mansfield, so as to provide council posts; to provide that certain per sons shall not be employed; and for other purposes.
HB 742. By Mr. Ballard of the 23rd:
A bill to amend an Act creating a new charter for the town of Newborn, so as to provide for the election of the Mayor and Councilmen; and for other purposes.
HB 743. By Mr. Ballard of the 23rd:
A bill to provide for the election of the Mayor and Couneilmen of the municipality of Porterdale; and for other purposes.
HB 749. By Messrs. Kreeger, Atherton, Housley, Henderson, Wilson, McDaniell and Burruss of the 117th:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to add a new section to said charter to be known as Section 4 (q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
HB 750. By Messrs. Black and Edwards of the 45th:
A bill to change the election date for the members of the Stewart County Board of Education; and for other purposes.
HB 751. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to change the corporate limits of said City; and for other purposes.
HB 753. By Mr. Ross of the 26th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual sal ary, so as to change the compensation of the said sheriff; and for other purposes.
FRIDAY, MARCH 7, 1969
923
HB 754. By Mr. Ross of the 26th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), so as to change the compensation of the chairman of said Board; and for other purposes.
HB 755. By Mr. Ross of the 26th:
A bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.
HB 757. By Messrs. Jones and Buck of the 84th, Davis and Thompson of the 86th, Thompson and Berry of the 85th:
A bill to amend the charter of the City of Columbus in the County of Muscogee, so as to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee con tiguous to and north, northeast, east, southeast, south and west thereof; and defining the boundaries of such territory; and for other purposes.
HB 758. By Mr. Collier of the 54th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to authorize the governing authority of Lee County to purchase, maintain and replace, for the use of the office of the sheriff, certain equipment and supplies, including one or more automobiles; and for other purposes.
HB 760. By Mr. Dodson of the 82nd:
A bill to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), so as to change the bond of the Clerk of said Court; to change the method of collection, payment and distribution of fees, costs, fines and forfeitures in said court; and for other purposes.
HB 729. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to change the salary of one of his clerks; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
924
JOURNAL OF THE SENATE,
HB 518. By Mr. Brooks of the 17th:
A bill to change the terms of the Superior Court of Oglethorpe County; and for other purposes.
HB 523. By Mr. Lambert of the 25th:
A bill to create and establish an Airport Authority for the City of Madison; and for other purposes.
HB 595. By Mr. Lewis of the 37th: A bill to authorize and direct the governing authorities of Burke County to pay to the Senior Judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; and for other purposes.
HB 667. By Messrs. Anderson and Holder of the 49th: A bill changing the method of compensation of the Clerk of the Superior Court of Telfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.
HB 670. By Messrs. Anderson and Holder of the 49th: A bill to change the method of compensating the Ordinary of Telfair County, from the fee and salary systems to the salary system, exclu sively; and for other purposes.
HB 686. By Mr. Harrison of the 66th: A bill to provide for and authorize the governing authorities of counties having a population between 9,750 and 10,000 to pass and adopt zoning and planning laws whereby such counties may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the plans for development and improvements on real estate therein; and for other purposes.
HB 701. By Messrs. Roach and Poole of the 10th:
A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the election of councilmen; and for other purposes.
SB 63, By Senator Coggin of the 35th:
A bill to amend an Act incorporating Union City, relating to compensa tion of mayor and city council; and for other purposes.
FRIDAY, MARCH 7, 1969
925
The House has passed by the requisite constitutional majority the following Mils and resolution of the House, to-wit:
HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A bill to amend Code Chapter 88-15, relating to the control of rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.
HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A bill to amend Code Title 32 relating to education, so as to provide the daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other purposes.
HB 534. By Mr. Brantley of the 52nd: A bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.
HB 559. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th, and Lambert of the 25th: A bill to amend the Code of Georgia of 1933, so as to delete from Title 34 and 34A, relating to elections, those provisions thereof which have been suspended pursuant to the provisions of the "Voting Rights Act of 1965" (Public Laws 89-1110; 79 Sta. 437); and for other purposes.
HB 562. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th, and Howell of the 60th: A bill to amend Code Chapter 34-15, relating to the returns of primaries and elections, so as to provide for the procedures connected with the re turns of primaries and elections; and for other purposes.
HB 613. By Messrs. Thompson of the 86th, Jones and Buck of the 84th, Thomp son of the 85th, Davis of the 86th and Berry of the 85th: A bill to provide for an additional Judge of the Superior Court of the Chattahoochee Judicial Circuit; and for other purposes.
926
JOURNAL OP THE SENATE,
HB 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st:
A bill to amend an Act authorizing the appointment of an administrator de bonis non with will annexed upon application of interested persons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act also applicable to cases where an exec utor has died intestate; and for other purposes.
HB 643. By Messrs. Ware, Mullinax, Blalock of the 30th, Longino of the 98th, Vaughn of the 74th, Conger of the 68th, Scarlett of the 67th and Ployd of the 7th:
A bill to authorize residents of the State of Georgia to purchase shot guns and rifles from persons in states contiguous to the State of Georgia under certain conditions; and for other purposes.
HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish and effectuate employ ment benefits and retirement plans, and to authorize the funding of same in whole or in part; and for other purposes.
HR 227. By Messrs. Brantley of the 114th and Vaughn of the 74th:
A resolution authorizing the conveyance of certain real property in Fulton County, Georgia in exchange for certain other real property lo cated in Pulton County; and for other purposes.
HB 117. By Mr. McClatchey of the 113th:
A bill to amend Subsection (2) of Code Section 56-2703, relating to life insurance for dependents under group policies, so as to permit em ployees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; and for other purposes.
HB 488. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act prohibiting the manufacture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, possession, storage and distribution of certain fireworks under certain conditions; and for other purposes.
FRIDAY, MAECH 7, 1969
927
HB 737. By Messrs. Whaley of the 93rd, Jones of the 87th, Ellis of the 91st, Battle of the 90th, Gignilliat of the 89th, Punk of the 92nd and Hill of the 94th:
A bill to amend an Act creating a charter for the municipality of Gar den City, so as to extend the present corporate limits of said munici pality; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th, Levitas of the 77th, Parker of the 46th, Hawes of the 95th and Mrs. Hamilton of the 112th: A bill to provide for the education and rehabilitation of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; and for other purposes.
HB 396. By Messrs. Pickard, Jones and Buck of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th: A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the procedures and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be authorized and regulated by certain counties and municipalities; and for other purposes.
HB 552. By Messrs. Snow, Hale and Crowe of the 1st: A bill to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 51. By Mr. Paris of the 14th: A bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
928
JOURNAL OF THE SENATE,
The House has adopted the following resolution of the Senate, to-wit:
SR 99. By Senator Coggin of the 35th: A resolution relative to adjournment; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 247. By Senator Brown of the 47th:
A bill to amend an Act providing that it shall be unlawful for any person to fire or discharge any firearm on Sunday with certain excep tions, approved April 10, 1968, so as to provide that the grand jury of a county wherein a firing range is located must also approve said range for firing on Sunday; and for other purposes.
Referred to Committee on Health and Welfare.
SB 248. By Senator Doss of the 52nd:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, so as to delete the exception "that a spouse may effectuate such insur ance upon the other spouse" from the prohibition against making or effectuating a life or accident and sickness insurance contract upon an individual unless at the time of making of the contract the indi vidual insured applies therefor or consents in writing thereto; and for other purposes.
Referred to Committee on Banking and Finance.
SB 249. By Senator Stephens of the 36th: A bill to fix the compensation of the judge of the court of ordinary in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 250. By Senator Walling of the 42nd: A bill to amend Code Chapter 61-3, relating to proceedings against ten ants holding over, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; to provide for judgment; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
FRIDAY, MARCH 7, 1969
929
SB 251. By Senator Johnson of the 38th:
A bill to exempt from tort liability the drivers of publicly owned police motor vehicles driven in the line of duty in cities having a population of 400,000 or more; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 252. By Senator Coggin of the 35th: A bill to fix the compensation of the judges of the juvenile court in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 101. By Senator Kidd of the 25th: A resolution creating the Uniform Consumer Credit Code Study Com mittee; and for other purposes.
Referred to Committee on Rules.
SR 102. By Senator London of the 50th: A resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
The following bills and resolution were read the first time and referred to committees:
HB 117. By Mr. McClatchey of the 113th: A bill to amend Subsection (2) of Code Section 56-2703, relating to life insurance for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; and for other purposes.
Referred to Committee on Banking and Finance.
HB 205. By Mr. Conner of the 56th:
A bill to provide for a secretary for each judge of the Superior Courts of the Brunswick Judicial Circuit; to provide for the procedure con-
930
JOURNAL OF THE SENATE,
nected therewith; to repeal an Act providing for a secretary for one judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st and others: A bill to amend Code Chapter 88-15, relating to the control of rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.
Referred to Committee on Health and Welfare.
HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st: A bill to amend Code Title 32 relating to education, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other purposes.
Referred to Committee on Educational Matters.
HB 488. By Messrs. Edwards and Black of the 45th: A bill to amend an Act prohibiting the manufacture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, possession, storage and distribution of certain fireworks under certain conditions; and for other purposes.
Referred to Committee on Health and Welfare.
HB 518. By Mr. Brooks of the 17th: A bill to change the terms of the Superior Court of Oglethorpe County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 523. By Mr. Lambert of the 25th: A bill to create and establish an Airport Authority for the City of Madison; and for other purposes.
Referred to Committee on County and Urban Affairs.
PEIDAY, MARCH 7, 1969
931
HB 534. By Mr. Brantley of the 52nd:
A bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.
Referred to Committee on Health and Welfare.
HB 559. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend the Code of Georgia of 1933, so as to delete from Titles 34 and 34A, relating to elections, those provisions thereof which have been suspended pursuant to the provisions of the "Voting Rights Act of 1965" (Public Laws 89-1110; 79 Sta. 437); and for other pur poses.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 562. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Chapter 34-15, relating to the returns of pri maries and elections, so as to provide for the procedures connected with the returns of primaries and elections; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 595. By Mr. Lewis of the 37th:
A bill to authorize and direct the governing authorities of Burke County to pay to the Senior Judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 613. By Messrs. Thompson of the 86th, Jones and Buck of the 84th and others:
A bill to provide for an additional Judge of the Superior Court of the Chattahoochee Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 627. By Messrs. Phillips of the 50th, Harris of the 77th. and Pmkston of the 81st:
A bill to amend an Act authorizing the appointment of an adminis trator de bonis non with will annexed upon application of interested
932
JOURNAL OF THE SENATE,
persons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act also applicable to cases where an executor has died intestate; and for other purposes.
Referred to Committee on Judiciary.
HB 643. By Messrs. Ware, Mullinax, Blalock of the 30th and others:
A bill to authorize residents of the State of Georgia to purchase shot guns and rifles from persons in states contiguous to the State of Geor gia under certain conditions; and for other purposes.
Referred to Committee on Industry and Labor.
HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish and effectuate employ ment benefits and retirement plans, and to authorize the funding of same in whole or in part; and for other purposes.
Referred to Committee on Health and Welfare.
HB 667. By Messrs. Anderson and Holder of the 49th: A bill changing the method of compensating the Clerk of the Superior Court of Telfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 670. By Messrs. Anderson and Holder of the 49th: A bill to change the method of compensating the Ordinary of Telfair County, from the fee and salary systems to the salary system, exclu sively; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 686. By Mr. Harrison of the 66th: A bill to provide for and authorize the governing authorities of coun ties having a population between 9,750 and 10,000 to pass and adopt zoning and planning laws whereby such counties may be zoned or districted for various uses and other or different uses prohibited there in, and regulating the plans for development and improvement on real estate therein; and for other purposes.
Referred to Committee on Banking and Finance.
FRIDAY, MARCH 7, 1969
933
HB 701. By Messrs. Roach and Poole of the 10th:
A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the election of councilmen; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 705. By Messrs. Pinkston, Evans, Keen of the 81st and others: A bill to provide for a Board of Election in Bibb County, Georgia; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 723. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act creating the office of treasurer of Laurens County, so as to change the compensation of the treasurer; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 724. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act creating a new charter for the City of Dublin, so as to change the compensation of the mayor and aldermen; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 725. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, so as to change the compensa tion of the Clerk of the Superior Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 726. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act placing the Sheriff of Laurens County upon an annual salary, so as to change the compensation of the Sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 727. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of Tax Commissioner of
934
JOURNAL OF THE SENATE,
Laurens County, so as to change the compensation of the Tax Com missioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 728. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act providing a supplemental salary to the ordinary of Laurens County, so as to provide an increase of the supplemental salary of the ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 729. By Messrs. Vaughn and Jordan of the 74th: A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to change the salary of one of his clerks; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 730. By Messrs. Parker, Lane and Nessmith of the 44th: A bill to amend an Act providing that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of said Ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 731. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to change the compensation of the members of the civil service board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 737. By Messrs. Whaley of the 93rd, Jones of the 87th, Ellis of the 91st and others: A bill to amend an Act creating a charter for the municipality of Gar den City, so as to extend the present corporate limits of said munici pality; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 739. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the name of said court to the State Court of Macon County; and for other purposes.
Referred to Committee on County and Urban Affairs.
FRIDAY, MARCH 7, 1969
935
HB 740. By Mr. Ballard of the 23rd:
A bill to amend an Act creating a new Charter for the Town of Ox ford, so as to change the compensation of the Mayor and Councilmenj to provide for the election of the Mayor and Councilmen; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 741. By Mr. Ballard of the 23rd:
A bill to amend an Act establishing a new charter for the Town of Mansfield, so as to provide council posts; to provide that certain per sons shall not be employed; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 742. By Mr. Ballard of the 23rd:
A bill to amend an Act creating a new charter for the town of New born, so as to provide for the election of the Mayor and Councilmen; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 743. By Mr. Ballard of the 23rd: A bill to provide for the election of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 749. By Messrs. Kreeger, Atherton, Housley and others of the 117th:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to add a new section to said charter to be known as Section 4 (q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 750. By Messrs. Black and Edwards of the 45th: A bill to change the election date for the members of the Stewart County Board of Education; and for other purposes.
Referred to Committee on County and Urban Affairs.
936
JOURNAL OP THE SENATE,
HB 751. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to change the corporate limits of said City; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 753. By Mr. Ross of the 26th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary, so as to change the compensation of the said sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 754. By Mr. Ross of the 26th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), so as to change the compensation of the chairman of said Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 755. By Mr. Ross of the 26th: A bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 757. By Messrs. Jones and Buck of the 84th, Davis of the 86th and others: A bill to amend the charter of the City of Columbus in the County of Muscogee, so as to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west thereof; defining the boundaries of such territory; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 758. By Mr. Collier of the 54th: A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to authorize the governing authority of Lee County to purchase,
FRIDAY, MARCH 7, 1969
937
maintain and replace, for the use of the office of the sheriff, certain equipment and supplies, including1 one or more automobiles; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 760. By Mr. Dodson of the 82nd:
A bill to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), so as to change the bond of the Clerk of said Court; to change the method of collection, payment and distribution of fees, costs, fines and forfeitures in said court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 227. By Messrs. Brantley of the 114th and Vaughn of the 74th:
A resolution authorizing the conveyance of certain real property in Fulton County, Georgia in exchange for certain other real property located in Fulton County; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
The following bills and resolutions were read the second time:
SB 244. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, approved Dec. 24, 1937, so as to provide for electing the city commissioners by a majority vote; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 245. By Senator Smalley of the 28th:
A bill to amend the "Georgia Insurance Code", so as to provide that surplus funds borrowed by such companies as therein authorized shall not constitute liabilities of the companies except as provided herein or as herein authorized; and for other purposes.
SB 246. By Senators Plunkett of the 30th and Coggin of the 35th:
A bill to repeal House Resolution No. 14a. adopted at the 1949 Extra ordinary Session of the General Assembly of Georgia, which resolu tion authorized the Secretary of State to mail sections of the Georgia Laws to the lawyers of this State and other public officials; to repeal conflicting laws; and for other purposes.
938
JOURNAL OP THE SENATE,
SR 95. By Senator Hensley of the 33rd:
A resolution relative to the tax exemption on municipal bonds; and for other purposes.
SR 96. By Senators Bateman of the 27th, Garrard of the 37th, Adams of the 26th and others:
A resolution relative to a Bill-of-Rights for older Georgians; and for other purposes.
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st and others:
A bill to prohibit the intentional dumping or leaving of a dead dog on private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
HB 527. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals the following: "Have you filed an intangible tax return for this year? If not, why not?"; and for other purposes.
HB 550. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th and others:
A bill to provide preference for certain veterans in any civil service program established in the State government or any political subdivi sion thereof; to provide the procedure connected therewith; to define "armed conflict"; and for other purposes.
HB 557. By Messrs. Dorminy of the 48th, Hudson of the 48th and Busbee of the 61st:
A bill to amend subsection (g) of Code Section 92-1404, relating to the distribution of funds to counties for construction and maintenance of public roads, so as to provide for the time of submission of certifi cates of accumulation of funds and proof of deposit or investment of such funds; and for other purposes.
HB 609. By Mr. Jones of the 59th:
A bill to amend Code Section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator
FRIDAY, MARCH 7, 1969
939
or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decedent, notwithstand ing the question of the dependency of the next of kin upon the de cedent for support; and for other purposes.
HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Collins of the 72nd:
A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain retirement systems; and for other purposes.
HB 674. By Mr. Brantley of the 114th:
A bill to provide for the multiple registration of motor vehicles used by certified or registered motor carriers; and for other purposes.
HB 689. By Messrs. Keyton and Russell of the 70th, Wamble of the 69th and others:
A bill to amend Code Chapter 24-8, relating to constables, so as to provide for the appointment of constables by the justice of the peace in each militia district; and for other purposes.
HB 700. By Messrs. Graves, Lowrey and Toles of the 9th:
A bill to authorize and effectuate the establishment of a merit system for the government of Ployd County to include all employees of the county except as hereinafter provided; and for other purposes.
HB 704. By Messrs. Maxwell and Simkins of the 78th, Sherman of the 80th and others:
A bill to amend an Act incorporating the Trustees of the Masonic Hall, in the City of Augusta; and for other purposes.
HB 142. By Messrs. Rush of the 51st and Brantley of the 52nd:
A bill to provide the procedure for the consideration of the General Appropriations Bill by the House of Representatives; and for other purposes.
940
JOURNAL OF THE SENATE,
HB 296. By Messrs. Northcutt of the 21st, Lane of the 101st, Dailey of the 53rd, Bray of the 31st, Gary of the 21st and others:
A bill to provide for reimbursement of reasonable relocation expenses of homeowners or owners of businesses who have been displaced as a result of airport expansion; to provide for proration of ad valorem taxes on certain condemned properties; and for other purposes.
HB 605. By Mr. Dean of the 19th:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the compensation of the jurors for their services; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Holley of the 22nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 81. Do pass by substitute. HB 162. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Plunkett of the 30th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following 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 80. Do pass. HR 17. Do pass. HR 22. Do pass.
FRIDAY, MARCH 7, 1969
941
HR 57. Do pass. HR 83. Do pass. HR 95. Do pass. HR 123. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.
Senator Padgett of the 23rd District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under considera tion the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 93. Do pass. HB 317. Do not pass.
Respectfully submitted, Padgett of 23rd District, Chairman.
The following minority report of the Penal and Correctional Affairs Com mittee was read by the secretary:
MINORITY REPORT PENAL AND CORRECTIONAL AFFAIRS COMMITTEE OF SENATE
Senators Stephens of the 36th and Chapman of the 32nd filed the following minority committee report:
That they disagree with the Penal and Correctional Committee report on HB 317 and assert that the committee action of Do Not Pass does not reflect the will of the entire Committee.
Stephens of the 36th Chapman of the 32nd
942
JOURNAL OF THE SENATE,
Senator Stephens of the 36th gave notice that at the proper time he would move that the Senate disagree with the report of the Committee on Penal and Correctional Affairs, which was unfavorable to the passage of the following bill of the House:
HB 317. By Messrs. Chandler and Harrington of the 34th, Higginbotham of the 75th, Sweat of the 65th, Rush of the 51st, Thompson of the 85th and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, so as to provide that no person who is a member of the State Board of Correc tions shall be employed by the Board of Corrections in any capacity whatsoever; and for other purposes.
Scripture reading and prayer were offered by the Reverend Jack D. Smith, First Congressional District Chaplain, Wadley, Georgia.
Senator Coggin of the 35th asked unanimous consent that the roll call be dispensed with.
The consent was granted.
The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 53. By Senators Ward of the 39th, Maclntyre of the 40th, Johnson of the 38th and others: A bill to amend an Act approved August 13, 1924, and the several Acts amendatory thereof, providing for 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 relating to the eligibility of persons receiving benefits under such Act to be reappointed or elected to any position in the government of such cities; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute:
A BILL
To be entitled an Act to amend an Act approved August 13, 1924 (Ga. Laws 1924, page 167 et seq.), and the several Acts amendatory
FRIDAY, MARCH 7, 1969
943
thereof, and as amended particularly by an Act approved March 28, 1961 (Ga. Laws 1961, page 2777-2778 et seq. Jan.-Mar. Session), pro viding a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or reappointed to any position in the government of such cities; so as to eliminate the restriction upon retired officers or employees of the fire departments of such cities who have been elected to public office; to repeal conflicting laws; 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 the Act approved August 13, 1924 (Ga. Laws 1924, p. 167 et seq.) providing a system of pensions and other benefits for members of paid Fire De partments in cities having a population of more than 150,000 by the United States Census of 1920, and any subsequent census, and the sev eral Acts amendatory thereof, be and the same is hereby further amended as follows:
SECTION 1
The Act approved March 28, 1961 (Ga. Laws 1961, p. 2777-2778 et seq. Jan.-Mar. Session), amending said Act is hereby amended by striking from the second sentence of Section 2 the words:
"No such retired person, however, who shall be elected by the people to any such office shall receive a pension during the time he holds such elective office, and"
The said Section of Act approved March 28, 1961 (Ga. Laws 1961, page 2777-2778 et seq. Jan.-Mar. Session), as amended by this Act, shall read as follows:
"Section 2. Nothing herein contained shall prevent any retired officer or employee of the fire department of such cities from hold ing any position which is filled by an election by the people. No additional pension or civil rights or privileges shall accrue to such officer or employee during such period."
SECTION 2 All laws and parts of laws in conflict herewith are hereby repealed.
On the adoption of the substitute, the ayes were 37, 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.
944
JOURNAL OF THE SENATE,
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 66. By Senators Johnson of the 38th, Hardy of the 56th, Coggin of the 35th and others: A bill to provide for the compensation of the sheriff of certain counties, and the procedure connected with the payment thereof; to provide an effective date; to specifically repeal certain laws; and for other pur poses.
The Committee on County and Urban Affairs offered the following amend ment:
Amend SB 66 by striking Section 2 in its entirety and substitutingin lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective on July 1, 1969."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 80. By Senators Johnson of the 38th, Stephens of the 36th, Hardy of the 56th and others: A bill to amend an Act approved Feb. 15, 1933, providing for pensions for members of Police Departments of cities of more than 150,000 inpopulation, according to the last census of the United States, or any subsequent census thereof, as amended, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act; and for other purposes.
FRIDAY, MARCH 7, 1969
945
The report 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 Senators Johnson of the 38th, Stephens of the 36th, Garrard of the 37th and others: A bill to amend an Act amending the Act establishing the Criminal Court of Atlanta, approved Feb. 17, 1939, so as to change the pro visions relating to the filling of vacancies occurring in the offices of Judge and Solicitor General 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 100. By Senators Johnson of the 38th, Stephens of the 36th, Garrard of the 37th and others: A bill to amend the Act creating the Civil Court of Fulton County, approved August 20, 1913, as amended, so as to change the provisions relating to the filling of vacancies occurring in the office 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
946
JOURNAL OF THE SENATE,
SB 133. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory there of; and for other purposes.
The report 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 216. By Senator Smith of the 18th: A bill to designate and establish the State Court of Houston County, as the "special court" provided for by Art. VI, Sec. IX, Para. I of the Constitution, as amended; to provide for the manner and method of the correction of errors; and for other purposes.
The report 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 220. By Senator Reynolds of the 48th: A bill to amend an Act creating a new charter for the city of Lawrenceville, Georgia, approved Aug. 19, 1912, as amended, so as to redefine the city limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 7, 1969
947
SB 232. By Senator London of the 50th:
A bill to create a Board of Commissioners of Rabun County; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 261. By Messrs. Smith and Caldwell of the 39th: A bill to amend an Act so as to provide for an increase in the salary of the Chief Deputy Sheriff of Lamar County, from a sum not to exceed $350 per month to a sum not to exceed $450 per month; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 276. By Messrs, Brown and Melton of the 32nd: A bill to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, 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.
948
JOURNAL OF THE SENATE,
HB 110. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector into the office of Tax Commissioner of Habersham County, so as to change the salary of said Tax Commissioner and to change the method for determining his salary; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 110 as follows:
By striking in its entirety quoted Section 3, which Section is quoted in Section 1 of said bill, and substituting in lieu thereof the following:
"Section 3. The salary of said tax commissioner shall be de termined by the Commissioners of Roads and Revenue of Haber sham County, but the said salary shall not be less than $8,000.00 per annum nor more than $12,000.00 per annum, payable in equal monthly installments from the funds of Habersham County. Not withstanding the above provisions to the contrary, any person who has served at least four years as tax commissioner of Habersham County shall receive a salary of not less than $9,000 per annum, and any such tax commissioner who serves at least eight years shall receive a salary of not less than $10,000 per annum. The salary of said tax commissioner, once it is set, shall not be de creased during any particular term of office of said tax commis sioner. The tax commissioner is authorized to appoint and employ a deputy tax commissioner and said deputy shall receive a salary of not less than $3,600 per annum to be fixed by the governing authority of Habersham County. If any person shall be appointed by the tax commissioner to serve as the deputy tax commissioner, who has been employed within the tax commissioner's office for at least three years, such deputy tax commissioner's compensation shall be at least $4,800 per annum. The tax commissioner is autho rized to employ such additional personnel as may be necessary to operate the office of tax commissioner. The number of such em ployees and their compensation shall be subject to approval of the governing authority of the county and shall be paid in equal monthly installments from the funds of Habersham County.
The necessary operating expenses of the tax commissioner's office shall be paid from funds of the county. All supplies, mate rials, furnishings, furniture, utilities and equipment, and the re pair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of such office shall be furnished by the county and shall be paid from funds of the county. The determination of such requirements shall be subject to approval of the governing authority of Habersham County."
FRIDAY, MARCH 7, 1969
949
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th, Bond of the llth, Marcus of the 105th and others:
A bill to amend the Act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 154 by striking paragraph (5) of Section 1 and insert ing in lieu thereof a new paragraph (5) to read as follows:
"(5) Persons employed on or before April 1, 1969 who have had at least five years continuous service with such city shall re ceive prior service credit upon application made in writing to the Board of Trustees on or before October 1, 1969 and said prior service shall be credited to such person immediately upon applica tion and payment of the amount said person would have been re quired to pay had such person been employed by such city during the prior service. Said prior service shall be credited to such per son on the basis of one year and fractional parts of years prior service credit for one year and fractional parts of the years served with such city and credited for pension purposes. Persons employed after April 1, 1969 shall make application in writing to the Board of Trustees for such prior service credit which shall be credited in accordance with the provisions of Sections 3 and 4 of this Act."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
950
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 290. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A bill to amend an Act providing a new charter for the City of Albany, so as to provide for the extension of water service and water distribu tion system and all necessary appurtenances connected therewith out side the city limits of the City of Albany; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 283. By Mr. Cole of the 3rd: A bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creat ing a Board of Commissioners, so as to make it lawful for certain per sons to continue to be employed by Whitfield County irrespective of relationship to any Member of the 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 7, 1969
951
HB 294. By Messrs. Smith and Caldwell of the 39th:
A bill to place the clerk of the superior court of Lamar County upon an annual salary 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 351. By Messrs. Longino of the 98th, Ware, Mullinax, Potts and Blalock of the 30th: A bill to amend an Act establishing a new charter for the City of Pal metto in Fulton and Coweta Counties, so as to provide that the Mayor appoint a recorder, to establish such recorder's powers and duties and to provide for a recorder's compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 386. By Messrs. Adams of the 100th, Brown of the 110th, Shepherd of the 107th and others:
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 Solicitor-General of said Circuit, so as to change the number of trial assistant district attorneys that may be appointed; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
952
JOURNAL OP THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 419. By Messrs. Phillips and Johnson of the 29th: A bill to authorize the governing authorities of certain counties to make payments toward the cost of the office expenses of the Judges of certain 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 425. By Mr. Poole of the 10th: A bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing 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 411. By Messrs. Ballard of the 23rd, Vaughn of the 74th, Bell and Morris of the 73rd and others: A bill to amend an Act relating to the Stone Mountain Judicial Circuit, so as to provide that the salary of the judges of the Superior Court shall be supplemented by payments to be made from the county trea suries of the various counties composing the Circuit; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute:
A BILL
To be entitled an Act to amend an Act approved February 25, 1949 (Ga. Laws 1949, p. 1938), as amended by an Act approved February
FRIDAY, MARCH 7, 1969
953
26, 1957 (Ga. Laws 1957, p. 113), an Act approved March 17, 1960 (Ga. Laws 1960, p. 1089), and an Act approved March 30, 1965 (Ga. Laws 1965, p. 374), providing that the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasuries of the various counties composing the Circuit; by providing that such supplement for each of the judges of the Superior Courts of such Circuit shall be in the sum of twelve hundred dollars ($1,200.00) per annum; to provide the method and manner in which the same is to be paid; to repeal con flicting laws; 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 approved February 25, 1949 (Ga. Laws 1949, p. 1938), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 113), an Act approved March 17, 1960 (Ga. Laws 1960, p. 1089), and an Act ap proved March 30, 1965 (Ga. Laws 1965, p. 374), the same being an Act to provide for a supplement to the salary of the judges of the Superior Courts of the Stone Mountain Circuit be and the same is hereby amended as follows:
Section 1. That from and after the approval of this Act the salary of each of the judges of the Superior Courts of the Stone Mountain Judicial Circuit shall, in addition to the salary of other compensa tion received by such judges from the State of Georgia or any other source, be supplemented by payments out of the treasuries of the various counties comprising such Circuit in the amount and in the
manner as hereinafter provided.
Section 2. That the total of such supplement shall be in the sum of twelve hundred dollars ($1,200.00) per annum for each judge and each county in such Circuit shall pay its portion or part thereof as provided herein in equal monthly installments as an expense of court.
Section 3. The supplement of $1,200.00 per annum as provided herein shall be paid out of the treasuries of the various counties com prising such Circuit upon the basis of population. Each one of the counties comprising such Circuit shall pay such part or portion of such increased supplement as its population bears to the total population of all counties of such Circuit according to the official United States Census of 1960, until the completion and promulgation of the next United States Census and then in like manner according to such suc ceeding United States Census and so on to each succeeding United States Census.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 37, nays 0, and the sub stitute was adopted.
954
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 442. By Mr. Salem of the 51st:
A bill to amend an Act creating a five man Board of Commissioners of Roads and Revenue for Toombs County, so as to provide that the said Commissioners may contract with or employ a person who is re lated to any member within the third degree either by blood or mar riage for work to be done on the public roads, bridges, 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 443. By Mr. Salem of the 51st: A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court, the Ordinary, the Tax Receiver of Toombs County, and providing in lieu thereof salaries for each of these officers, so as to change the compensation of the Tax Receiver and to provide that the said Tax Receiver shall not have the authority to appoint deputies, clerks, assistants or other 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 7, 1969
955
HB 464. By Messrs. Sweat and Dixon of the 65th:
A bill to abolish the present method of compensating the tax collector and tax receiver of Clinch County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 465. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act providing a new charter for the City of Homerville, approved March 4, 1937, as amended, so as to change the hours for holding elections; to change the provisions relating to the lawful voting age; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 466. By Mr. Sweat of the 65th:
A bill to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965, as amended, so as to authorize the sheriff to employ an additional deputy; to provide for an effective date; 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 37, nays 0. The bill, having received the requisite constitutional majority, was passed.
956
JOURNAL OP THE SENATE,
HB 491. By Mr. Clarke of the 33rd:
A bill to amend an Act creating a Board of Commissioners of Butts County, so as to authorize the Board to designate one of its members to perform additional duties and to be compensated 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 0.
The bill, having received the requisite constitutional majority, was passed.
HB 492. By Mr. Clarke of the 33rd: A bill to abolish the present mode of compensating the Tax Receiver of Butts County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
The report 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 493. By Mr. Clarke of the 33rd: A bill to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse; and for other purposes.
The report 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, MARCH 7, 1969
957
HB 500. By Mr. Smith of the 43rd:
A bill to amend an Act incorporating the City of Swainsboro, so as to provide for a four-year term for the Mayor of the City of Swainsboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 501. By Mr. Smith of the 43rd:
A bill to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, so as to provide for four-year terms for 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 510. By Messrs. DeLong and Sherman of the 80th, Miles of the 78th and others:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide that there shall be sixteen members of the Richmond County Board of Education, the 16th member of which shall be elected from the 121st militia district beginning with the election in 1969, to a four-year term; and for other purposes.
The report of the committee, which was favorable to the passage of the , was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
958
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 544. By Mr. Grahl of the 40th: A bill to amend an Act entitled "An Act to amend, revise, and consoli date the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A bill to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 528 by striking in Section 1.12 (19) after the phrase "maintenance of signs, billboards" and before the phrase "shrubs, fences, buildings and any and all other structures", the word "treees" and sub stituting in lieu thereof the following:
"trees"
And by striking in Section 6.12 (a) after the phrase "a fine of two hundred dollars ($200)" and before the phrase "and as an alter native" the phrase "or imprisonment for forty (4) days or both," and substituting in lieu thereof the following:
"or imprisonment for forty (40) days or both,"
And by adding after the Section 7.19 an Appendix One to read as follows:
"APPENDIX ONE. Boundaries of the City of Senoia, Georgia. The boundaries of the City of Senoia, Georgia shall embrace the territory contained within the limits of three-fourths (%) of a
FRIDAY, MARCH 7, 1969
959
mile in every direction from the point of intersection of the centerlines of Seavy and Main Streets as said point is presently located in Senoia, in the County of Coweta."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 545. By Mr. Grahl of the 40th: A bill to amend an Act entitled "An Act to amend, revise, and consoli date the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suit able privy or water closet accommodations upon such improved prem ises; and for other purposes.
The report 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 580. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st: A bill to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an annual salary, so as to change the compensation of the sheriff and the clerk 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.
960
JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 581. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of Tax Commissioner of Dougherty 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 583. By Messrs. Hale, Snow and Crowe of the 1st:
A bill to reincorporate the City of LaFayette in the County of Walker; and for other purposes.
The report 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 584. By Messrs. Williams, Cooper and Wood of the llth: A bill to incorporate and grant a charter to the City of Murrayville; and for other purposes.
The report 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.
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961
The bill, having received the requisite constitutional majority, was passed.
HB 588. By Messrs. Melton and Brown of the 32nd, Caldwell and Smith of the 39th:
A bill to amend an Act providing a salary for the official court re porter of the Griffin Judicial Circuit, so as to provide additional com pensation to said 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 591. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss and Henderson of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to change the compensation of the judges and the clerk of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 596. By Messrs. Rowland and Douglas of the 42nd: A bill to provide a new charter for the Town of Scott in the County of Johnson; to provide for a mayor and council and other officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
HB 597. By Mr. Moate of the 28th:
A bill to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the clerk of the Superior Court of Putnam 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 598. By Mr. Moate of the 28th:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensation of the chair man and the members of the Board, and the clerk 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 599. By Mr. Moate of the 28th: A bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, 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 37, nays 0.
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963
The bill, having received the requisite constitutional majority, was passed.
HB 600. By Mr. Moate of the 28th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County into the office of tax commissioner of Putnam County, so as to change the compensation of the tax commis sioner; and for other purposes.
The report 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 601. By Mr. Moate of the 28th: A bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the ordinary of Putnam 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 615. By Messrs. Gunter and Moore of the 6th: A bill to amend an Act incorporating the Town of Alto, so as to autho rize the Mayor and Council of the Town of Alto to levy a tax of not more than 20 mills on all property within the corporate limits of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
HB 622. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act providing an annual salary for the treasurer of Haralson County, so as to authorize the treasurer to direct the county commissioner to pay any part of his salary as treasurer to employees in 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 623. By Messrs. Murphy and Dean of the 19th: A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and ordinary of Haral son 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 624. By Messrs. Murphy and Dean of the 19th: A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the salary of the county commissioner 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.
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965
HB 633. By Messrs. Jones, Pickard and Buck of the 84th and others:
A bill to amend the Act creating the Board of Commissioners of Muscogee County to empower the Commissioners of Muscogee County to enact ordinances for the policing of the public property, streets, and roads of said County, and the Muscogee County Airport; and for other purposes.
The report 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 634. By Mr. Brooks of the 17th:
A bill to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute:
A BILL
To be entitled an Act to incorporate the City of Arnoldsville in the County of Oglethorpe; to create a new charter for said city; to pre scribe the corporate limits of said city; to provide for the government of said city; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the organization and administration of said city; to provide for the fiscal administration of the city gov ernment; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide severability; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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ARTICLE I.
CHARTER, CITY LIMITS AND CORPORATE POWERS
Section 1.01. This Act shall constitute the whole charter of the City of Arnoldsville, Georgia, in the County of Oglethorpe, which with its inhabitants are hereby constituted and declared to be a body politic and corporate by the name of the City of Arnoldsville, Georgia, and by that name shall have perpetual succession, may contract and con tract with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.
Section 1.02. City Boundaries. The boundaries of the City of Arnoldsville shall include that territory hereinafter described:
All of that tract and parcel of land lying and being in Georgia, Oglethorpe County, 1303 District GM, lying in what is known as the Arnoldsville Community of said county and being more par ticularly described as follows: BEGINNING at a point which is located South 26 30' West 1780 feet of a point which is located in the center of the intersection of the Georgia Railroad right-ofway and a paved road crossing said Georgia Railroad right-of-way and said intersection being near the Arnoldsville post office; and thence running North 15 East 7590 feet to a point; thence running South 75 East 1320 feet to a point; thence running South 15 West 7590 feet to a point; and thence running North 75 West 1320 feet to the beginning point.
Section 1.03. Corporate Powers. The corporate powers of the city, to be exercised by the city council, may include the following:
(a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation.
(b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions.
(c) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or State interest, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the gen eral laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken.
(d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city.
(e) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under Section 36-202 of the Code of Georgia of 1933, or under other applicable public acts.
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967
(f) To acquire, construct, operate, distribute, sell, and dispose of public utilities, including but not limited to a waterworks system, sewer age system, a natural gas system, an electrical power system, and a community antenna television system, subject to the provisions of ap plicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of services to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes.
(g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service appli cable to the service to be provided by the franchise grantee or con tractor, insofar as not in conflict with such regulations by the Public
Service Commission.
(h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use there of, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia of 1933, or other applicable public acts.
(i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
(j) To provide for the collection and disposal of garbage, rubbish and refuse. Charges or fees may be imposed to cover the costs of such services which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes.
(k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city,
(1) To define a nuisance in the city and to provide for its abate ment. The recorder of the city shall have jurisdiction of all nuisance abatement proceedings in the city. The city may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so.
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(m) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installa
tion and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to pro vide for the enforcement of such standards.
(n) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers.
(o) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violations of any ordinance or lawful orders, also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder.
(p) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles.
(q) To levy and provide for the collection of special assessments to cover the costs for any public improvements.
(r) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the mayor and council in such ordi nance, rule, regulation, or order but not exceeding the limitations pre scribed by this charter.
(s) To exercise and enjoy all other powers, functions, rights, priv ileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable public acts of the State.
(t) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hos pitals, and libraries.
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969
(u) To regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council by ordinance to alter, open or close public streets and public alleys and ways without noti fication.
ARTICLE II. CITY GOVERNMENT
Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Arnoldsville shall be vested in a mayor and five councilmen to be known as the "Mayor and Council of the City of Arnoldsville". The mayor and council shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution and appli cable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Arnoldsville.
Section 2.02. Qualifications for Mayor and Councilmen. To be eligible for the office of mayor or councilman, a person must be at least twenty-one years of age, be a freeholder of the city, and must meet the requirements of a qualified elector for members of the General Assem bly, except as hereinabove stated, as prescribed by State law and must have been a bona fide resident of the City of Arnoldsville for at least one year next preceding the election in which he offers as a candidate.
Section 2.03. Election of Mayor and Councilmen. (a) On the sec ond Tuesday in December in 1969, an election shall be conducted by the ordinary of Oglethorpe County during the same hours and at the same places for holding general elections and under the election laws of this State, to elect a mayor and five councilmen from the city at large. Any elector who meets the qualifications under Section 2.02, except the residential qualification of one year, may be qualified as a candidate by qualifying with said ordinary at least fifteen days in advance of the election. Each elector shall be entitled to vote for one candidate for mayor and five candidates for councilman.
(b) In the first election as provided herein, the five candidates for councilmen receiving the highest number of votes and the mayor shall take office on the first day of January following their election and shall serve for a term of office of one year and until their successors are duly elected and qualified.
(c) After the first election provided above, subsequent elections shall be conducted by the city election managers during the same hours and at the same time and place for holding general elections and under election laws of this State. Any elector who meets the qualifications under Section 2.02 may be qualified as a candidate by qualifying with the city clerk as provided in Section 5.01. Successors who are elected to the initial positions of mayor and councilmen, as provided for herein, shall be elected on the second Tuesday in December of each year and they shall take office on the first day of January following their elec tion and serve for a term of one year and until their successors are duly elected and qualified.
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(d) No formality shall invalidate an election, provided it is con ducted fairly and in substantial conformity with the requirements of this Act and the general election laws of this State.
Section 2.04. City Council. The governing body of said city shall be composed of a mayor and five councilmen, in which is vested all cor porate legislative and other powers of the city, except as otherwise provided in this Act. The Council shall hold regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or the mayor pro tern and two councilmen, and notice of which has been served on the other members personally or left at their residence at least twelve hours in advance of the meeting. But such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Such notice of a special meeting shall be con sidered waived if the mayor and all councilmen are present when the special meeting is convened. Only the business stated in the written call may be transacted at a special meeting, except by unanimous con sent of all members of the council. The council shall exercise its powers in public meetings, A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and by-laws to govern the conduct of its business; including procedures and penalties for com pelling the attendance of absent members. The council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council.
Section 2.05. Mayor as Presiding Officer. The mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by councilmen; shall have veto power, and the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the council may at the same meeting or at any subsequent meeting within thirty days, pass any such ordinances, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes; shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds and contracts when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances.
Section 2.06. Mayor Pro Tern. The council at the first regular meeting, and after the newly elected councilmen have taken office fol lowing each regular election, shall elect from its membership a mayor pro tern for a term of one year. Upon the council's failure to elect a mayor pro tern at its first meeting in February of each year, the in cumbent councilman who received the highest number of votes, when last elected, shall be declared mayor pro tern. The mayor pro tern shall perform the duties of the mayor during his absence from the city or his
disability.
Section 2.07. Vacancy in Office of Mayor or Councilmen. (a) A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or is absent from four consecutive regular
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971
meetings of the governing authority, except if granted a leabe of ab sence by the council; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws.
(b) The council shall appoint a qualified person to fill any such vacancy in the office of councilman for the remainder of the unexpired term.
(c) At no time shall there be more than one council member so ap pointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of forty-five days after the office becomes vacant pur suant to a call of a special election as provided by this charter; how ever, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the unexpired terms in a special election: Provided, how ever, if a regular election for the city shall be held within three months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election.
(d) In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Georgia of 1933) as it now exists or may hereafter be amended.
Section 2.08. Compensation and Expenses. The council may de termine the salary of the mayor and councilmen by ordinances, provided that salary changes enacted shall not become effective until the ex piration of a period of six months after such change. Each councilman and the mayor, when authorized by the council and upon presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office.
Section 2.09. City Clerk, (a) The council shall appoint a city clerk who shall be ex officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceed ings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion consid ered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor.
(b) The mayor and council shall require the clerk-treasurer, be fore entering upon discharge of his duties to give good and sufficient bond in amount to be decided by the mayor and council, but not less than $2,500.00, said bond payable to the City of Arnoldsville, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city.
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Section 2.10. City Legislation, (a) Any action of the council, having a regulatory or penal effect or required to be done by ordinance under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirma tive vote of at least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.
Section 2.11. Readings. No ordinance, except in the case of an emergency which shall be stated in the ordinance, shall be approved until it shall have been read at two consecutive council meetings not less than seven days apart.
ARTICLE III.
ORGANIZATION AND PERSONNEL
Section 3.01. Organization. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employ ment, departments and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment, and may transfer or change the functions and duties of offices, positions of employment, departments and agencies of the city.
Section 3.02. Administrative Duties of Mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city; and the city attorney shall take such legal action as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter.
Section 3.03. City Attorney. The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representating and defending the city in all litigation in which the city is a part; may be the prosecuting officer in the recorder's court, shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city, concerning legal aspects of the city's affairs.
Section 3.04. Oath of Office. Before a person takes any office in the city government, he shall take before an officer of the State, au thorized to administer oaths, the following such oath or affirmation:
"I solemnly swear (or affirm) that I will support the Consti tution of the United States and of the State of Georgia; that I will
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in all respects, observe the provisions of the charter and ordinances of the City of Arnoldsville, and I will faithfully discharge the duties of the office of--------__----__._-___. So help me God."
Section 3.05. Political Activity Prohibited. No officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for election to any city office.
Section 3.06. Personal Financial Interest. Any city officer or em
ployee who has a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest by an nouncement at a council meeting or in writing to the city clerk and shall refrain from voting upon or otherwise participating in his ca pacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or em ployee who wilfully conceals such financial interest or wilfully violates the requirements of this section shall upon conviction be guilty of mal feasance in office or position and shall forfeit his office or position. Vi olation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the mayor and council.
Section 3.07. City Planning and Renewal. The council may create and establish a planning commission pursuant to the provisions of gen eral laws as they now exist or as they may hereinafter be amended.
ARTICLE IV.
FISCAL ADMINISTRATION
Section 4.01. Fiscal Year. The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of each year, but a different fiscal year may be fixed by ordi nance for the entire city government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the city government, unless otherwise provided by law.
Section 4.02. Mayor to Submit Annual Budget. On or before a date fixed by the council, but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabili ties, reserves, and surplus at the end of the preceding fiscal year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (e) such other information and data, as may be considered necessary by the mayor and council.
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Section 4.03. Action by Council on Budget. Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordi nance, based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If conditions pre vent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amend ment as provided by ordinance specifically passed for such purpose.
Section 4.04. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriation may be made only for an existing un appropriated surplus in the fund to which it applies.
Section 4.05. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus of reserves of the fund or funds from which such appropriations were made.
Section 4.06. Capital Improvements Budget, (a) On or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or im provement, unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, when passed by four-fifths vote to the membership of the council. Such capital im provements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construc tion or acquisition.
(b) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital im provements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital im provements budget shall lapse until the purpose for which the appropri ation was made shall have been accomplished or abandoned, provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council.
Section 4.07. Sale of City Property. The mayor and council may sell any city property which is obsolete, surplus or unusable at public or
FRIDAY, MARCH 7, 1969
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private sale, with or without advertisement; and for such consideration as the mayor and council shall deem equitable and just to the city.
Section 4.08. Annual Audit. The mayor and council shall employ a public accountant or certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman.
Section 4.09. Publication of Financial Statement. As soon as prac ticable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper, a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal ac counts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the gen eral financial condition of the city, as of the close of the preceding fiscal year.
Section 4.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1, in each year, shall be subject to a property tax levied by the city. All property subject to taxation in the city shall be returned for taxes each year on or before April 1. If such return is not made, the mayor and council is authorized to assess a penalty of not more than ten percent of the taxes due on said property. Taxes shall be due on October 1 of each year and shall be come past due or delinquent if not paid on or before December 20, of each year. The council by ordinance may elect to use the county assess ment for the year in which city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent a notice, by ordinary mail, of a new or increased assessment; provided that such notice shall not be required, nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as now or as may hereinafter be provided by general law.
Section 4.11. Tax Levy. The council shall make a tax levy ex pressed as a fixed millage rate per $100.00, but not in excess of an aggregate of twenty mills, of assessed valuation.
Section 4.12. Tax Bills, (a) The city shall send tax bills to tax payers, showing the assessed valuations, amount of taxes due, tax due dates and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 20, of each year, at which time a penalty of ten percent in addition to a fi. fa. charge shall be added and thereafter such taxes shall be subject to in terest at the rate of seven percent per annum, from the due date until
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paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record.
(b) Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxaation, to provide for the compelling of such return, and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in any conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due; to provide the time or times when said taxes shall be due and payable.
Section 4.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by the chief of police under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for federal, State or county taxes.
Section 4.14. Transfer of Executions. The city clerk of the City of Arnoldsville shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee, with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by law; and all sales of prop erty hereafter made under execution in behalf of the city for the collec tion of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under State or county ad valorem tax fi. fa., as the same now exists, or as may from time to time be provided by law.
Section 4.15. Special Assessments. The council may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest and penalties, shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes.
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ARTICLE V.
ELECTIONS
Section 5.01. Qualification of Candidates. Any person desiring to be come a candidate in any regular or special election, shall file written notice of his candidacy with the city clerk not less than fifteen days prior to the date fixed for the holding of any such election. His notice of candidacy shall be accompanied by such qualification fee, if any, as may be required by ordinance; provided, however, such qualification fee shall not exceed $50.00.
Section 5.02. Qualification of Electors. Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Arnoldsville for ninety days next preceding the election in which he desires to vote, shall be qualified to register as an elector in any city election held under this charter.
Section 5.03. Applicability of General Laws. Except as otherwise provided by this charter, the election of all officials of the City of Ar noldsville where provision is made for election by the qualified voters thereof, shall be conducted as to primary, special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as it now exists or may hereafter be amended.
Section 5.04. Place of Elections. The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice as required by law.
Section 5.05. Voter Registration. In all elections held in the City of Arnoldsville, whether primary elections, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance.
Section 5.06. Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.
Section 5.07. Absentee Ballots. The mayor and council in its dis cretion is authorized to provide by ordinance for absentee ballots for any city election.
ARTICLE VI.
RECORDER'S COURT
Section 6.01. Creation. There is hereby established a court to be known as the "Recorder's Court", City of Arnoldsville which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such pen-
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alties as may be provided by law; to punish witnesses for nonattendance, and to punish also many person who may counsel or advise, aid, encourage, or to persuade another whose testimony is desired or ma terial in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the terri torial limits of the City of Arnoldsville constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of munici pal or police courts to the extent of and in accordance with the provi sions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the "recorder". Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the council.
Section 6.02. Recorder, (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-one years, shall be qualified to vote in Arnoldsville, and Oglethorpe County, and shall have resided therein at least one year immediately preceding his election. The recorder shall be appointed by the mayor and council, and shall serve at the discretion of the mayor and council. The com pensation of the recorder shall be fixed by the mayor and council. Nothing herein shall disqualify the mayor or any councilman from serving as recorder or recorder pro tern.
(b) Before entering on duties of his office, the recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council.
Section 6.03. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Arnoldsville passed in accordance with this charter, to an amount not to exceed $200.00, to imprison offenders for a period of not more than sixty days, or at labor on the roads and streets or other public works of said city for not more than sixty days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 or imprison ment not exceeding twenty days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Arnoldsville which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise speci-
FRIDAY, MARCH 7, 1969
979
fied, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Arnoldsville. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths.
Section 6.04. Right of Appeal. The right of appeal to the superior court of Oglethorpe County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the court of ordinary. An appeal to the superior court shall be a de novo proceeding.
Section 6.05. Court Costs. In all cases in the recorder's court of the City of Arnoldsville, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fix ing costs in the justice of the peace courts of said State, or the city council may establish a schedule of fees to defray the costs of opera tion and the city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of State law. The council may also provide a uni form scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. The re corder, or the city clerk in the recorder's name, is hereby authorized to issue subpoenas to compel the attendance of witnesses to said recorder's court, and to issue such other processes as may be necessary to the proper administration of said court.
Section 6.06. Rules for Court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court: Provided, how ever, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the su perior courts under the general laws of the State of Georgia.
ARTICLE VII.
SEVERABILITY
Section 7.01. 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 so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General As sembly 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 de clared or adjudged invalid or unconstitutional.
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ARTICLE VIII.
EFFECTIVE DATE
Section 8.01. Effective Date. For the purpose of electing the mayor and council of the City of Arnoldsville, the provisions of this Act shall become effective upon approval by the Governor or upon becoming law without his approval. The provisions of this Act not re lated to the election of the mayor and council shall become effective January 1, 1970.
ARTICLE IX.
REPEALER
Section 9.01. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 37, nays 0, and the 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 general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 20. By Senators Bateman of the 27th, Carter of the 14th, Webb of the llth, Plunkett of the 30th and Adams of the 26th: A bill to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that any teacher coming into the Teacher Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' Schools overseas; and for other purposes.
The Committee on Retirement offered the following amendment:
Amend SB 20 as follows:
FRIDAY, MARCH 7, 1969
981
By deleting Section 1 in its entirety and inserting in lieu thereof the following:
"Section 1. An Act establishing a retirement system for teachers in the State public schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 3, 1968, (Ga. Laws 1968, p. 543), is hereby amended by striking subsection 5-A of Section 4 and inserting in lieu thereof the following:
'Any teacher coming into the Teachers' Retirement System shall be entitled to receive credit for prior teaching service in other State or independent school systems, or for teaching service rendered as a teacher in American Dependents' Schools overseas, up to a maximum of ten years. A teacher desiring to establish credit for service rendered in American Dependents' Schools over seas or in another state that does not permit credit for out-of-state service must pay, in addition to the amount provided for herein, the employer's amount which would have been paid, plus interest at the rate of 8% per annum.'
so that when so amended subsection 5-A of Section 4 shall read as follows:
'Any teacher coming into the Teachers' Retirement System shall be entitled to receive credit for prior teaching service in other state or independent school systems, or for teaching service rendered as a teacher in American Dependents' School overseas, up to a maximum of ten years. A teacher desiring to establish credit for service rendered in American Dependents' Schools overseas or in another state that does not permit credit for out-of-state service must pay, in addition to the amount provided for herein, the em ployer's amount which would have been paid, plus interest at the rate of 8% per annum.'"
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.
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SB 238. By Senators Hensley of the 33rd, Pincher of the 51st, London of the 50th and Andrews of the 49th:
A bill to amend an Act approved April 14, 1967 (Ga. Laws 1967, p. 604), so as to authorize the State Highway Department to acquire and convey rights of way and easements to Federal Government for the Federal construction of Blue Ridge Parkway; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 243. By Senators Coggin of the 35th and Padgett of the 23rd:
A bill to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibition on any permanent race track or other place where races or exhibitions are held unless there shall first be obtained a license as set forth herein; to repeal conflict ing laws; and for other purposes.
Senator Coggin of the 35th offered the following amendment: Amend SB 243 by adding the words "public liability" in the 4th
line of Section 2 between the words "valid" and "insurance", and by adding the words "public liability" in the 6th line of Section 2 between the words "valid" and "bond".
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, was agreed to as amended.
On the passage of the bill, the ayes were 40, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
FRIDAY, MARCH 7, 1969
983
Senator Coggin of the 35th moved that SB 243 be immediately transmitted to the House.
On the motion, the ayes were 42, nays 0, and the motion prevailed.
The following resolution was read and adopted:
SR 105. By Senator Bateman of the 27th: A resolution commending Miss Layona Glenn; and for other purposes.
The following general bills and resolutions, favorably reported by the committes, were read the third time, and put upon their passage:
SR 5. By Senators Bateman of the 27th and Broun of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide shorter periods of county residence for persons to be allowed to vote for certain constitutional officers elected by a statewide vote and for 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 OP GEOR GIA:
Section 1. The Constitution is hereby amended by striking from Article II, Section I, Paragraph III the following:
"Governor and Lieutenant Governor when such persons are not eligible to vote for them elsewhere."
and substituting in lieu thereof the following:
"the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, Commissioner of Labor and United States Senator, and constitutional amendments when such persons are not eligible to vote for such offices and amendments elsewhere.",
so that when so amended, Paragraph III, Section I of Article II shall read as follows:
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"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 immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six (6) months immedi ately 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 pe riods of county residence for persons to register and vote for the offices of Governor, Lieutenant Governor, Secretary of State, At torney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, Commissioner of Labor and United States Senator, and constitutional amendments when such persons are not eligible to vote for such officers and amend ments elsewhere."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( NO (
) Shall the Constitution be amended so as to provide shorter periods of county residence for persons to be
) allowed to vote for certain constitutional officers elect ed by a statewide vote and for constitutional amend ments?"
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 Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 5 by deleting Section 1, Paragraph III, and inserting in lieu thereof the following:
FRIDAY, MARCH 7, 1969
985
"To entitle a person to register and vote, he shall have resided in the State and in the county or municipality in which he offers to vote for such minimum period or periods of time as the Gen eral Assembly may provide by law."
On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.
Senator Bateman of the 27th moved that SR 5 be postponed until March 10th.
On the motion to postpone, the ayes were 41, nays 0, and the motion prevailed.
SR 91. By Senators Chapman of the 32nd, Hardy of the 56th, Fincher of the 51st and others:
A resolution relative to aid to families with dependent children; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 5. By Mr. Harris of the 77th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to change the provision relating to population of counties to which Section 8 does not apply; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 37. By Mr. Mauldin of the 12th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Associa tion may become members of said Retirement System; and for other purposes.
The Committee on Retirement offered the following amendment:
Amend HB 37 by deleting Section 1 in its entirety and inserting in lieu thereof the following:
"An Act establishing the Teachers' Retirement System, ap proved 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 full-time executive secretary of the Georgia Vocational Association, and such Associa tion shall pay the required employer contribution; such person shall be entitled to receive credit for prior teaching service by paying the employee's and employer's contribution that would have been paid, plus interest at the rate of 8% per annum."
On the adoption of the amendment, the ayes were 35, nays 3, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 31, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 304. By Mr. Jordan of the 74th:
A bill to amend Code Section 32-942 relating to the keeping of school funds, separate from other funds, so as to provide that said funds may be invested in securities of the States, United States, municipalities of the State, or certificates of deposit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, MARCH 7, 1969
987
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 320. By Mr. McClatchey of the 113th:
A bill to amend Title 56 of the Code of Georgia, relating to the regula tion of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts; and for other purposes.
The Committee on Banking and Finance offered the following amendment:
Amend HB 320 by striking the first sentence of subsection (j) of quoted Code Section 56-1040 of Section 1 in its entirety and inserting in lieu thereof a new first sentence of subsection (j) of quoted Code Sec tion 56-1040 of Section 1 to read as follows:
"Each domestic life insurance company shall have the power within the limits of its corporate charter to do all things necessary under any applicable state or federal law in order that variable annuity contracts may be lawfully sold or offered for sale includ ing, without limitation, the power to provide for management of a separate account by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connec tion with such contracts such voting rights as are set forth in (d) above."
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, Senator Spinks of the 9th 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:
Abney Adams of 5th Adams of 26th
Andrews Broun of 46th Brown of 47th
Carter Cox Dean
988
Doss Eldridge Fincher of 51st Garrard Gillis Hardy Holley Holloway Jackson Johnson Kennedy Kidd
JOURNAL OF THE SENATE,
London
McGill Miller Noble Padgett Plunkett
Reeder Reynolds Riley Rowan Scott Searcey
Smith of 18th Spinks Starr Stephens Trippe Tysinger Vann Ward Webb Young Zipperer
Those voting in the negative were Senators:
Bateman Chapman
Hensley Hudgins
Smalley Smith of 34th
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 44, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 319. By Mr. McClatchey of the 113th:
A bill to amend an Act known as the "Georgia Securities Act", so as to redefine insurance or endowment policies or annuity contracts or variable annuity contracts which shall not constitute "Securities" as such term is used in the Georgia Securities 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 1.
The bill, having received the requisite constitutional majority, was passed.
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989
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and resolution 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 156. SB 180. SB 243. SR 83.
Respectfully submitted, Eldridge of the 7th District, Chairman.
The following resolution was read and adopted:
SR 100. By Senator Broun of the 46th: A resolution commemorating James Melton; and for other purposes.
Senator Pincher of the 51st moved that the Senate do now adjourn until Monday morning at 10:00 o'clock, and the motion prevailed.
The president announced the Senate adjourned until Monday morning at 10:00 o'clock.
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Senate Chamber, Atlanta, Georgia, Monday, March 10, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Holloway of the 12th reported that the journal of Friday'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 Searcey of the 2nd 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. James Van Buren, and as the nurse of the day, Miss Nancy Chadwick.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
MONDAY, MARCH 10, 1969
991
HB 617. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tifton, so as to extend the corporate limits of the City of Tifton; and for other purposes.
HB 645. By Messrs. Smith, Cole and Leonard of the 3rd:
A bill to incorporate the City of Cohutta, Georgia, in the County of Whitfield; and for other purposes.
HB 765, By Mr. Knowles of the 22nd:
A bill to change the terms of the superior court of Henry County; and for other purposes.
HB 774. By Mr. Wheeler of the 57th:
A bill to amend an Act creating a new Charter for the City of Alma, so as to remove certain provisions in the title of said Act relating to limitations on taxation; to provide for the levy and collection of taxes; and for other purposes.
HB 748. By Messrs. Rainey and Bowen of the 47th: A bill to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.
HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 80th, Westlake of the 75th, Lane of the 101st and Buck of the 84th: A bill to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.
HB 432. By Messrs. Maxwell of the 78th and Connell of the 79th: A bill to amend an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint plan ning facilities, so as to clarify that municipalities have the authority to zone property within their corporate limits, and counties have the authority to zone property within the unincorporated areas of the coun ty; and for other purposes.
992
JOURNAL OF THE SENATE,
HB 567. By Mr. Harrison of the 66th:
A bill to amend Code Section 23-1102, relating to the method of fillingvacancies in the office of county surveyor, so as to change the pro visions thereof relative to filling vacancies in said office; and for other purposes.
HB 694. By Messrs. Gaynor of the 88th, Hill of the 94th, Ellis of the 91st, Jones of the 87th, Battle of the 90th and Gignilliat of the 89th:
A bill to amend an Act known as the "Urban Redevelopment Law", so as to provide that in counties having a population of 150,000 and not more than 500,000, the term "municipality" used in said Act shall also mean "County"; and for other purposes.
HR 84. By Mr. Moate of the 28th: A resolution compensating Mr. Buford Little; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 293. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th:
A resolution commending Honorable A. S. Furcron, Director, Depart ment of Mines, Mining and Geology; and for other purposes.
HB 752. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.
HB 762. By Mr. Knowles of the 22nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff, the chief deputy of the sheriff, the clerk of the superior court and the ordinary of Henry County; and for other purposes.
HB 763. By Knowles of the 22nd:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the salary of the treasurer of Henry County; and for other purposes.
HB 764. By Mr. Knowles of the 22nd:
A bill to amend an Act creating a board of county commissioners for Henry County, so as to change the compensation of the members of
MONDAY, MARCH 10, 1969
993
the board of county commissioners; to provide for a travel expense allowance for each member of the board of county commissioners; and for other purposes.
HB 770. By Mr. Jordan of the 55th: A bill to amend an Act creating the charter for the City of Douglas, so as to provide that the city manager shall have an annual audit conducted of the financial affairs, books and records of the City of Douglas; and for other purposes.
HB 771. By Mr. Jordan of the 55th: A bill to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Coffee, so as to provide that the Board of Commissioners of Coffee County shall have an annual audit conducted of the financial affairs, books and records of Coffee County; and for other purposes.
HB 776. By Mr. Jones of the 59th: A bill to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to authorize the governing authority of Mclntosh County to provide additional compensation for the assistant to the tax commissioner and other clerical personnel employed by the tax commissioner; and for other purposes.
HB 777. By Mr. Jones of the 59th: A bill to amend an Act creating a board of commissioners of Mclntosh County, so as to change the compensation of the commissioners; and for other purposes.
HB 778. By Mr. Jones of the 59th: A bill to abolish the present mode of compensating the ordinary of Mclntosh 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.
HB 779. By Mr. Jones of the 59th: A bill to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four Councilmen; and for other purposes.
994
JOURNAL OP THE SENATE,
HB 788. By Messrs. Cato and Conger of the 68th:
A bill creating and establishing a Small Claims Court for Seminole County, Georgia; to provide for an effective date; to provide for a referendum; and for other purposes.
HB 790. By Messrs. Dodson of the 82nd, Evans, Knapp, Keen, Scarborough and Pinkston of the 81st, Grahl of the 40th:
A bill to create the offices and the appointment of four assistant district attorneys of the Macon Judicial Circuit; and for other purposes.
HB 792. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act changing the mode of compensating the clerk of the superior court, the sheriff, ordinary and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the compensation which the deputy clerk may receive; and for other purposes.
HB 793. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A bill to amend an Act providing a new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.
* HB 794. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating the office of commissioner of Bleckley County, so as to increase the compensation of the commissioner; to provide for a clerk; and for other purposes.
HB 795. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act abolishing the fee system for the sheriff of Bleckley County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; 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 amendment as amended by the House to the following bill of the House, to-wit:
MONDAY, MARCH 10, 1969
995
HB 572. By Mr. Connell of the 79th:
A bill to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 791. By Messrs. Thompson of the 86th, Felton of the 95th, Jones of the 59th, Rowland of the 42nd, Conger of the 68th, and others:
A bill to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide for the exclusive procedure for modifying such judgment shall be by a proceeding instituted in a court of this State; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 253. By Mr. Shanahan of the 8th:
A bill to create the office of Commissioner of Roads and Revenues in and for the County of Gordon, as to change the compensation of the said Commissioner; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 37. By Mr. Mauldin of the 12th: A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Associa tion may become members of said Retirement System; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
996
JOURNAL OP THE SENATE,
HB 141. By Messrs. Farrar of the 77th, DeLong of the 80th, Hood of the 99th, McDaniell and Wilson of the 117th, Reaves of the 71st, Barber of the 15th and many others:
A bill to create a new and entirely separate retirement system for certain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 253. By Senators Brown of the 47th and London of the 50th:
A bill to amend Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, as amended, so as to provide certain exceptions and exemptions from the educational require ments prescribed for admission to the practice of law; to repeal con flicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 254. By Senator Andrews of the 49th:
A bill to amend an Act providing for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business in this State, so as to provide a definition of "transacts any business in this State"; and for other purposes.
Referred to Committee on Judiciary.
SB 255. By Senator McGill of the 24th:
A bill to amend an Act placing the sheriff, the ordinary and clerk of the Superior Court of Wilkes County upon an annual salary, approved April 2, 1963, so as to change the compensation of the clerk of the Superior Court; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 256. By Senators McGill of the 24th, Zipperer of the 3rd, Miller of the 43rd and others:
A bill to amend an Act known as the "Georgia Motorboat Numbering Act", so as to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
MONDAY, MARCH 10, 1969
997
SB 257. By Senator Garrard of the 37th:
A bill to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to change the circumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses, dependent and minor children; and for other purposes.
Referred to Committee on Industry and Labor.
SR 103. By Senator Coggin of the 35th:
A resolution proposing an amendment to the Constitution so as to pro vide, beginning with the year 1974, that the Governor and Lieutenant Governor shall be elected jointly as a unit instead of separately; to pro vide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SR 104. By Senators Andrews of the 49th, Fincher of the 51st, Abney of the 53rd and others:
A resolution authorizing and directing the State Building Authority to provide adequate parking space for members of the General Assembly during legislative sessions; and for other purposes.
Referred to Committee on Rules.
:
SR 106. By Senators Plunkett of the 30th and Holloway of the 12th:
A resolution expressing the desire of the General Assembly that the
architects who hereafter design public buildings be encouraged to plan
their designs in such a manner that the buildings can effectively be
used as fallout shelters; and for other purposes.
: : ;i
Referred to Committee on Industry and Labor.
SR 107. By Senators Smith of the 18th and Adams of the 26th:
A resolution creating the Revenue Bond Study Committee; and for other purposes. Referred to Committee on Rules.
The following bills and resolution were read the first time and referred to committees:
998
JOURNAL OP THE SENATE,
HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st and others:
A bill to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.
Referred to Committee on Temperance.
HB 432. By Messrs. Maxwell of the 78th and Connell of the 79th: A bill to amend an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint plan ning facilities, so as to clarify that municipalities have the authority to zone property within their corporate limits, and counties have the authority to zone property within the unincorporated areas of the county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 567. By Mr. Harrison of the 66th: A bill to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the provi sions thereof relative to filling vacancies in said office; and for other purposes.
Referred to Committee on Judiciary.
HB 617. By Mr. Bostick of the 63rd: A bill to amend an Act creating a new charter for the City of Tifton, so as to extend the corporate limits of the City of Tifton; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 645. By Messrs. Smith, Cole and Leonard of the 3rd: A bill to incorporate the City of Cohutta, Georgia, in the County of Whitfield; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 694. By Messrs. Gaynor of the 88th, Hill of the 94th, Ellis of the 91st and others: A bill to amend an Act known as the "Urban Redevelopment Law", so as to provide that in counties having a population of 150,000 and not more than 500,000, the term "municipality" used in said Act shall also mean "County"; and for other purposes.
Referred to Committee on County and Urban Affairs.
MONDAY, MARCH 10, 1969
999
HB 748. By Messrs. Rainey and Bowen of the 47th: A bill to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 752. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, so as to change the provisions re lating to the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 762. By Mr. Knowles of the 22nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff, the chief deputy of the sheriff, the clerk of the superior court and the ordinary of Henry County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 763. By Mr. Knowles of the 22nd:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the salary of the treasurer of Henry County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 764. By Mr. Knowles of the 22nd:
A bill to amend an Act creating a board of county commissioners for Henry County, so as to change the compensation of the members of the board of county commissioners; to provide for a travel expense allow ance for each member of the board of county commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 765. By Mr. Knowles of the 22nd:
A bill to change the terms of the superior court of Henry County; and for other purposes.
Referred to Committee on County and Urban Affairs.
1000
JOURNAL OF THE SENATE,
HB 770. By Mr. Jordan of the 55th:
A bill to amend an Act creating the charter for the City of Douglas, so as to provide that the city manager shall have an annual audit conducted of the financial affairs, books and records of the City of Douglas; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 771. By Mr. Jordan of the 55th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues in the county of Coffee, so as to provide that the Board of Commissioners of Coffee County shall have an annual audit conducted of the financial affairs, books and records of Coffee County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 774. By Mr. Wheeler of the 57th:
A bill to amend an Act creating a new Charter for the City of Alma, so as to remove certain provisions in the title of said Act relating to limitations on taxation; to provide for the levy and collection of taxes; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 776. By Mr. Jones of the 59th:
A bill to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to authorize the governing authority of Mclntosh County to provide additional compensation for the assistant to the tax commissioner and other clerical personnel employed by the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 777. By Mr. Jones of the 59th:
A bill to amend an Act creating a board of commissioners of Mclntosh County, so as to change the compensation of the commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 778. By Mr. Jones of the 59th:
A bill to abolish the present mode of compensating the ordinary of Mclntosh County, known as the fee system; to provide in lieu thereof
MONDAY, MARCH 10, 1969
1001
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 Urban Affairs.
HB 779. By Mr. Jones of the 59th:
A bill to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four Councilmen; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 788, By Messrs. Cato and Conger of the 68th:
A bill creating and establishing a Small Claims Court for Seminole County, Georgia; to provide for an effective date; to provide for a referendum; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 790. By Messrs. Dodson of the 82nd, Evans and Knapp of the 81st and others: A bill to create the offices and the appointment of four assistant district attorneys of the Macon Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 792. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act changing the mode of compensating the clerk of the superior court, the sheriff, ordinary and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the compensation which the deputy clerk may receive; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 793. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A bill to amend an Act providing a new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.
Referred to Committee on County and Urban Affairs.
1002
JOURNAL OF THE SENATE,
HB 794. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating the office of commissioner of Bleckley County, so as to increase the compensation of the commissioner; to provide for a clerk; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 795. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act abolishing the fee system for the sheriff of Bleckley 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 Urban Affairs.
HR 84. By Mr. Moate of the 28th: A resolution compensating Mr. Buford Little; and for other purposes.
Referred to Committee on Appropriations.
HB 141. By Messrs. Farrar of the 77th, DeLong of the 80th, Hood of the 99th and others:
A bill to create a new and entirely separate retirement system for cer tain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.
Referred to Committee on Retirement.
HB 791. By Messrs. Thompson of the 86th, Felton of the 95th, Jones of the 59th, Rowland of the 42nd, Conger of the 68th and others:
A bill to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide for the exclusive procedure for modifying such judgment shall be by a proceeding instituted in a court of this State; and for other purposes.
Referred to Committee on Judiciary.
The following bills and resolutions were read the second time:
SB 247. By Senator Brown of the 47th:
A bill to amend an Act providing that it shall be unlawful for any person to fire or discharge any firearm on Sunday with certain excep tions, approved April 10, 1968, so as to provide that the grand jury of a county wherein a firing range is located must also approve said range for firing on Sunday; and for other purposes.
MONDAY, MARCH 10, 1969
1003
SB 248. By Senator Doss of the 52nd:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, so as to delete the exception "that a spouse may effectuate such insur ance upon the other spouse" from the prohibition against making or effectuating a life or accident and sickness insurance contract upon an individual unless at the time of making of the contract the individual insured applies therefor or consents in writing thereto; and for other purposes.
SB 249. By Senator Stephens of the 36th:
A bill to fix the compensation of the judge of the court of ordinary in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 250. By Senator Walling of the 42nd:
A bill to amend Code Chapter 61-3, relating to proceedings against ten ants holding over, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; to provide for judgment; to repeal conflicting laws; and for other purposes.
SB 251. By Senator Johnson of the 38th:
A bill to exempt from tort liability the drivers of publicly owned police motor vehicles driven in the line of duty in cities having a population of 400,000 or more; to repeal conflicting laws; and for other purposes.
SB 252. By Senator Coggin of the 35th:
A bill to fix the compensation of the judges of the juvenile court in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
SR 102. By Senator London of the 50th:
A resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
HB 117. By Mr. McClatchey of the 113th:
A bill to amend Subsection (2) of Code Section 56-2703, relating to the insurance for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; and for other purposes.
1004
JOURNAL OF THE SENATE,
HB 205. By Mr. Conner of the 56th:
A bill to provide for a secretary for each judge of the Superior Courts of the Brunswick Judicial Circuit; to provide for the procedure con nected therewith, to repeal an Act providing for a secretary for one judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st and others:
A bill to amend Code Chapter 88-15, relating to the control of rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.
HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A bill to amend Code Title 32 relating to education, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other purposes.
HB 488. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act prohibiting the manufacture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, pos session, storage and distribution of certain fireworks under certain con ditions; and for other purposes.
HB 518. By Mr. Brooks of the 17th:
A bill to change the terms of the Superior Court of Oglethorpe County; and for other purposes.
HB 523. By Mr. Lambert of the 25th: A bill to create and establish an Airport Authority for the City of Madison; and for other purposes.
HB 534. By Mr. Brantley of the 52nd: A bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.
MONDAY, MARCH 10, 1969
1005
HB 559. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend the Code of Georgia of 1933, so as to delete from Titles 34 and 34A, relating to elections, those provisions thereof which have been suspended pursuant to the provisions of the "Voting Rights Act of 1965" (Public Laws 89-1110; 79 Sta. 437); and for other purposes.
HB 562. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Chapter 34-15, relating to the returns of primaries and elections, so as to provide for the procedures connected with the returns of primaries and elections; and for other purposes.
HB 595. By Mr. Lewis of the 37th:
A bill to authorize and direct the governing authorities of Burke County to pay to the Senior Judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; and for other purposes.
HB 613. By Messrs. Thompson of the 86th, Jones and Buck of the 84th and others:
A bill to provide for an additional Judge of the Superior Court of the Chattahoochee Judicial Circuit; and for other purposes.
HB 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st:
A bill to amend an Act authorizing the appointment of an administrative de bonis non with will annexed upon application of interested persons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act also applicable to cases where an exec utor has died intestate; and for other purposes.
HB 643. By Messrs. Ware, Mullinax, Blalock of the 30th and others:
A bill to authorize residents of the State of Georgia to purchase shot guns and rifles from persons in states contiguous to the State of Georgia under certain conditions; and for other purposes.
HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish and effectuate em ployment benefits and retirement plans, and to authorize the funding of same in whole or in part; and for other purposes.
1006
JOURNAL OF THE SENATE,
HB 667. By Messrs. Anderson and Holder of the 49th:
A bill changing the method of compensating the Clerk of the Superior Court of Telfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.
HB 670. By Messrs. Anderson and Holder of the 49th: A bill to change the method of compensating the Ordinary of Telfair County, from the fee and salary systems to the salary system, exclu sively; and for other purposes.
HB 686. By Mr. Harrison of the 66th: A bill to provide for and authorize the governing authorities of counties having a population between 9,750 and 10,000 to pass and adopt zoning and planning laws whereby such counties may be zoned or districted for various uses and other or different uses prohibited therein, and regu lating the plans for development and improvements on real estate therein; and for other purposes.
HB 701. By Messrs. Roach and Poole of the 10th: A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the election of councilmen; and for other purposes.
HB 705. By Messrs. Pinkston, Evans, Keen of the 81st and others: A bill to provide for a Board of Election in Bibb County, Georgia; and for other purposes.
HB 723. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act creating the office of treasurer of Laurens County, so as to change the compensation of the treasurer; and for other purposes.
HB 724. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act creating a new charter for the City of Dublin, so as to change the compensation of the mayor and aldermen; and for other purposes.
HB 725. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, so as to change the compensa tion of the Clerk of the Superior Court; and for other purposes.
MONDAY, MARCH 10, 1969
1007
HB 726. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act placing the Sheriff of Laurens County upon an annual salary, so as to change the compensation of the Sheriff; and for other purposes.
HB 727. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of Tax Commissioner of Laurens County, so as to change the compensation of the Tax Com missioner; and for other purposes.
HB 728. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act providing a supplemental salary to the ordinary of Laurens County, so as to provide an increase of the supplemental salary of the ordinary; and for other purposes.
HB 729. By Messrs. Vaughn and Jordan of the 74th: A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to change the salary of one of his clerks; and for other purposes.
HB 730. By Messrs. Parker, Lane and Nessmith of the 44th: A bill to amend an Act providing that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of said Ordinary; and for other purposes.
HB 731. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to change the compensation of the members of the civil service board; and for other purposes.
HB 737. By Messrs. Whaley of the 93rd, Jones of the 87th, Ellis of the 81st and others: A bill to amend an Act creating a charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality; and for other purposes.
HB 739. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the name of said court to the State Court of Macon County; and for other purposes.
1008
JOURNAL OF THE SENATE,
HB 740. By Mr. Ballard of the 23rd:
A bill to amend an Act creating a new Charter for the Town of Oxford, so as to change the compensation of the Mayor and Councilmen; to provide for the election of the Mayor and Councilmen; and for other purposes.
HB 741. By Mr. Ballard of the 23rd:
A bill to amend an Act establishing a new charter for the Town of Mansfield, so as to provide council posts; to provide that certain persons shall not be employed; and for other purposes.
HB 742. By Mr. Ballard of the 23rd:
A bill to amend an Act creating a new charter for the town of New born, so as to provide for the election of the Mayor and Councilmen; and for other purposes.
HB 743. By Mr. Ballard of the 23rd:
A bill to provide for the election of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
HB 749. By Messrs. Kreeger, Atherton, Housley and others of the 117th:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to add a new section to said charter to be known as Section 4 (q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
HB 750. By Messrs. Black and Edwards of the 45th:
A bill to change the election date for the members of the Stewart County Board of Education; and for other purposes.
HB 751. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to change the corporate limits of said City; and for other purposes.
HB 753. By Mr. Ross of the 26th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual sal ary, so as to change the compensation of the said sheriff; and for other purposes.
MONDAY, MARCH 10, 1969
1009
HB 754. By Mr. Ross of the 26th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lin coln County), so as to change the compensation of the chairman of said Board; and for other purposes.
HB 755. By Mr. Ross of the 26th:
A bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer j and for other purposes.
HB 757. By Messrs. Jones and Buck of the 84th, Davis of the 86th and others:
A bill to amend the charter of the City of Columbus in the County of Muscogee, so as to extend the present corporate limits of said city se as to include therein certain territory in the County of Muscogee con tiguous to and north, northeast, east, southeast, south and west thereof; defining the boundaries of such territory; and for other purposes.
HB 758. By Mr. Collier of the 54th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to authorize the governing authority of Lee County to purchase, maintain and replace, for the use of the office of the sheriff, certain equipment and supplies, including one or more automobiles; and for other purposes.
HB 760. By Mr. Dodson of the 82nd:
A bill to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), so as to change the bond of the Clerk of said Court; to change the method of collection, payment and distribution of fees, costs, fines and forfeitures in said court; and for other purposes.
HR 227. By Messrs. Brantley of the 114th and Vaughn of the 74th:
A resolution authorizing the conveyance of certain real property in Fulton County, Georgia in exchange for certain other real property lo cated in Fulton County; and for other purposes.
The following report of a standing committee was read by the secretary:
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JOURNAL OF THE SENATE,
Senator Chapman of the 32nd 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 and and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SR 96. Do pass. HB 31. Do pass. HB 605. Do pass. HB 225. Do pass as amended.
Respectfully submitted, Chapman of the 32nd District, Chairman.
The following resolution was read and adopted:
HR 293. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution commending Honorable A. S. Furcron, Director, Depart ment of Mines, Mining and Geology; and for other purposes.
Scripture reading and prayer was offered by Dr. W. Jeffrey Jones, Au gusta Association of Baptist Churches, Incorporated, Augusta, Georgia.
By unanimous consent, the roll call was dispensed with.
The following resolution of the Senate, read the third time on March 7th and postponed to today, was put upon its passage:
SR 5. By Senators Bateman of the 27th and Broun of the 46th:
A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to provide shorter periods of county residence for persons to be allowed to vote for certain constitutional officers elected by a statewide vote and for constitutional amendments; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
MONDAY, MARCH 10, 1969
1011
Senator Bateman of the 27th offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law minimum periods of time for resi dency for persons to be entitled to register and vote in State, county or municipal elections; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution is hereby amended by striking Para graph III of Article II, Section I, in its entirety and by substituting in lieu thereof a new Paragraph III of Article II, Section I, to read as follows:
"Paragraph III. WHO ENTITLED TO REGISTER AND VOTE. To entitle a person to register and vote, he shall have resided in the State and in the county or municipality in which he offers to vote for such minimum period or periods of time as the General Assembly may provide 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 ( NO (
) Shall the Constitution be amended so as to provide that the General Assembly may provide by law minimum
) periods of time of residency for persons to be en titled to register and vote in State, county or municipal elections?"
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.
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JOURNAL OF THE SENATE,
On the adoption of the substitute, the ayes were 38, nays 0, and the substi tute was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 55, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.
The following bill of the House, read the third time and postponed today, was put upon its passage:
MONDAY, MARCH 10, 1969
101$
HB 120. By Mr. Vaughn of the 74th:
A bill to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and non-profit organizations displaced as a result of roads, streets and highways constructed in Georgia with any federal-aid fundsmade available under Sections 106 or 117, Title 23, United States Code, 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SB 80. By Senators Smith of the 34th, Kidd of the 25th, Bateman of the 27th and others:
A resolution requesting the Governor to make the necessary funds avail able for the placing of a Medal of Honor monument in the Medal of Honor Grove of Freedom's Foundation; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 82. By Senator Chapman of the 32nd:
A bill to amend Code Section 88-2603, relating to the power and duties of the Board of Health in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in incorporated communities of 5,000 or more population according to the 1960 or any future Federal decennial cen sus; and for other purposes.
1014
JOURNAL OF THE SENATE,
Senator Smith of the 34th offered the following amendment:
Amend SB 82 by adding the following at the end of paragraph (12) in Section 1 after the word "water", a new sentence to read as follows:
"Such fluoridation shall not take place until the registered voters in the city affected have approved the fluoridation in a special or regular elec tion called by the officials of the municipalities covered by this act."
Senator Adams of the 26th moved that SB 82 be indefinitely postponed.
Senator Chapman of the 32nd moved the previous question on SB 82, and the amendment.
The Chair ruled that the motion of Senator Chapman of the 32nd took precedence over the motion of Senator Adams of the 26th.
On the motion for the previous question, the ayes were 39, nays 5, and the motion prevailed.
On the adoption of the amendment, the ayes were 14, nays 21, and the amend ment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Chapman of the 32nd 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 of 5th Andrews Broun of 46th Chapman Coggin Eldrjdge Fincher of 51st
Garrard Hardy Hensley Holley Holloway Johnson Kidd
London Pennington Smalley Smith of 18th Stephens Vann Ward
MONDAY, MARCH 10, 1969
Those voting in the negative were Senators:
Abney Adams of 26th Bateman Brown of 47th Carter Cox Dean Doss Gillis Hudgins Jackson
Kennedy Maclntyre McGill Miller Noble Padgett Plunkett Reeder Reynolds Riley Rowan
1015
Scott Searcey Smith of 34th Starr Trippe Tysinger Walling Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 21, nays 32.
The bill, having failed to receive the requisite constitutional majority, was lost.
HB 89. By Mr. Hale of the 1st:
A bill to amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to elim inate those provisions which prohibit her from binding her separate estate by a contract or suretyship, the assumption of the debts of her husband and the sale of her separate estate to creditors of her husband to extinguish his debt; and for other 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 Walling of the 42nd 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:
Abney Bateman Broun of 46th Brown of 47th
Carter Chapman Coggin Cox
Eldridge Fincher of 51st Fincher of 54th Garrard
1016
Gillis Hardy Hensley Holley Holloway Hudgins Jackson Johnson Kennedy Kidd
JOURNAL OF THE SENATE,
Maclntyre McGill Padgett Pennington Plunkett Reynolds Riley Rowan Scott Searcey
Smalley Smith of 18th Starr Stephens Trippe Tysinger Walling Ward Zipperer
Those voting in the negative were Senators:
Adams of 5th Andrews Dean Doss
Hill London Miller Reeder
Smith of 34th Vann Webb Young
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 41, nays 12.
The bill, having received the requisite constitutional majority, was passed.
HR 199. By Messrs. Dodson of the 82nd, Knapp, Evans and Pinkston of the 81st:
A resolution authorizing the Governor to convey an easement to the Macon-Bibb County Hospital Authority and empowering the Governor to execute an appropriate instrument of conveyance; 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 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 133. By Mr. Rush of the 51st:
A resolution relative to protection of the Capitol Building and Grounds; and for other purposes.
MONDAY, MARCH 10, 1969
1017
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House, favorably reported by the committee, read the third time on March 6th and postponed, was put upon its passage:
HB 218. By Mr. Williams of the llth:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regulations for the administration and enforcement of the motor vehicle inspection program, etc.; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend HB 218 by striking the word "move" from Section 3 and substituting the word "operate".
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th: A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
1018
JOURNAL OF THE SENATE,
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. Laws 1937, p. 851), as amended, particularly by an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941 (Ga. Laws 1941, p. 234), an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), and an Act approved June 22, 1955 (Ga. Laws 1955, Ex. Sess., p. 22), so as to provide for an increase in taxes on certain wines; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. Laws 1937, p. 851), as amended, particularly by an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941 (Ga. Laws 1941, p. 234), an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), and an Act approved June 22, 1955 (Ga. Laws 1955, Ex. Sess., p. 22), is hereby amended by striking Section 3 in its entirety and in lieu thereof insert ing the following:
"Section 3. There is hereby levied and imposed on the first sale, use or possession within this State of wines the following taxes:
(a) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, having an alcoholic strength of not more than fourteen (14) percent alcohol by volume, $1.00 (one dollar) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
(b) On wines produced from fruits and berries grown without the State of Georgia, whether produced within or without the State of Georgia, having an alcoholic strength of not more than fourteen (14) percent alcohol by volume, one dollar and fifty cents ($1.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
(c) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, having an alcoholic strength of more than fourteen (14) per cent alcohol by volume, one dollar and fifty cents ($1.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
MONDAY, MARCH 10, 1969
1019
(d) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, to which wine spirits produced from without the State of Georgia have been added, having an alcoholic strength of more than fourteen (14) percent alcohol by volume, one dollar and fifty cents ($1.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon until January 1, 1971, and thereafter this tax shall become two dollars fifty cents ($2.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
(e) On wines produced from fruits and berries grown with out the State of Georgia, whether produced within or without the State of Georgia, having an alcoholic strength of more than fourteen (14) percent alcohol by volume, two dollars and fifty cents ($2.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
Section 2. This Act shall become effective on June 1, 1969.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Pennington of the 45th offered the following amendment to HB 104.
Amend HB 104 as follows:
By inserting in the title, immediately before the phrase:
"to provide an effective date"
the following:
"to provide for an additional tax upon malt beverages;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By inserting, following Section 1, a new Section 2, to read as follows:
"Section 2. In addition to all other taxes proposed upon the sale of malt beverages, there is hereby levied an excise tax upon the business of selling malt beverages as follows:
(1) Where the beverage is sold in or from a barrel or bulk container, a tax at the rate of $5.00 for each container con taining not more than thirty-one gallons and at a like rate for fractional parts thereof.
1020
JOURNAL OF THE SENATE,
(2) Where the beverage is sold in bottles, cans or other containers, other than barrel or bulk containers as above speci fied, a tax at the rate of 2.5 tf for each twelve ounces or frac tional part thereof.
The taxes imposed by the provisions of this Section upon the sale of malt beverages shall be imposed, collected and en forced in accordance with the provisions of an Act relating to the licensing, regulation and taxation of malt beverages, ap proved March 23, 1953 (Ga. Laws 1935, p. 73), as amended."
On the adoption of the amendment, the ayes were 33, nays 14, and the amendment was adopted.
Senator Reynolds of the 48th offered the following amendment to HB 104:
Amend HB 104 as follows:
By inserting in the title, immediately before the phrase:
"to provide an effective date"
the following:
"to provide an additional tax on certain tobacco products;".
By inserting, immediately before Section 3, a new Section to be numbered Section 2A, and to read as follows:
"Section 2A. In addition to all other taxes of every kind imposed by law upon cigarettes, there is hereby levied an ex cise tax upon the sale, receipt, purchase, possession, consump tion, handling, distribution or use of cigarettes in this State, in the amount of four cents per package of twenty. Said tax shall be levied and collected as provided for by the provisions of an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), as amended."
On the adoption of the amendment, 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:
Brown of 47th Doss Fincher of 51st
Garrard Hardy Holley
Holloway London Miller
Eeeder Reynolds Scott Searcey
MONDAY, MARCH 10, 1969
1021
Smith of 18th Starr Tysinger Vann
Walling Ward
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Carter Chapman Coggin Cox Dean Eldridge
Gillis Hensley Hill Hudgins Jackson Johnson Kennedy Kidd Maclntyre McGill Nohle Padgett
Pennington Plunkett Riley Rowan Smalley Smith of 34th Spinks Stephens Trippe Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 19, nays 36, and the amendment was lost.
Senator Reynolds of the 48th offered the following amendment:
Amend HB 104 as follows:
By inserting in the title, immediately before the phrase:
"to provide an effective date"
the following:
"to provide an additional tax on certain tobacco products;".
By inserting, immediately before Section 3, a new Section to be numbered Section 2A, and to read as follows:
"Section 2A. In addition to all other taxes of every kind im posed by law upon cigarettes, there is hereby levied an excise tax upon the sale, receipt, purchase, possession, consumption, handling, distribution or use of cigarettes in this State, in the amount of two cents per package of twenty. Said tax shall be levied and col-
1022
JOURNAL OF THE SENATE,
lected as provided for by the provisions of an Act approved Febru ary 28, 1955 (Ga. Laws 1955, p. 268), as amended."
On the adoption of the amendment, 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:
Broun of 46th Brown of 47th Doss Fincher of 51st Fincher of 54th Garrard Gillis Hardy Holley Holloway
Hudgins Jackson Johnson Kidd London McGill Miller Padgett Plunkett Reeder
Reynolds Riley Scott Searcey Smith of 18th Starr Tysinger Vann Walling Ward
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Carter Chapman Coggin Cox
Dean Eldridge Hensley Hill Kennedy Maclntyre Noble Pennington Rowan
Smalley Smith of 34th Spinks Stephens Trippe Webb Young Zipperer
The roll call was verified.
On the adoption of the amendment, the ayes were 30, nays 26, and the amendment was adopted.
Senator Padgett of the 23rd offered the following substitute to the com mittee substitute:
A BILL
To be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. Laws 1937, p. 851) as amended, particularly by an Act approved February 16, 1938
MONDAY, MARCH 10, 1969
1023
(Ga. Laws 1937-38, Ex. Sess., p. 185), an Act approved July 30, 1949 (Ga, Laws 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), and an Act approved June 22, 1955 (Ga. Laws 1955, Ex. Sess., p. 22), so as to provide for an increase in the excise taxes on certain wines; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. Laws 1937, p. 851), as amended, particularly by an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 185), an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), and an Act approved June 22, 1955 (Ga. Laws 1955, Ex. Sess., p. 22), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof the following:
"Section 3. There is hereby levied and imposed on the first sale, use or possession within this State of wines the following taxes:
(a) On wines having an alcoholic strength of not more than fourteen (14) per cent alcohol by volume One Dollar and Fifty Cents ($1.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
(b) On wines having an alcoholic strength of more than four teen (14) per cent alcohol by volume Two Dollars and Fifty Cents ($2.50) per gallon and a proportionate tax at like rates on all frac tional parts of a gallon.
(c) No tax shall be imposed on wines manufactured or bottled in this State by a licensed winery for export where delivery of said wines is taken outside this State."
Section 2. The provisions of this Act shall become effective on the first day of June, 1969.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute to the committee substitute, Senator Padgett of the 23rd called for the ayes and nays, and the call was sustained.
Those voting in the affirmative were Senators:
Brown of 47th Cox Garrard Gillis Hardy
Holley Kidd McGill Miller Padgett
Pennington Reeder Reynolds Riley Starr
1024
JOURNAL OF THE SENATE,
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Carter Chapman Coggin Dean Doss Eldridge Pincher of 51st Fincher of 54th
Hensley Hill Holloway Hudgins Jackson Johnson Kennedy London Maclntyre Noble Plunkett Rowan Scott Searcey
Smalley Smith of 18th Smith of 34th Spinks Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the substitute to the committee substitute, the ayes were 15, nays 41, and the substitute to the committee substitute was lost.
Senator Pennington of the 45th offered the following amendment to the committee substitute:
Amend HB 104 as follows:
By inserting in the title, immediately before the phrase:
"to provide an effective date"
the following:
"to provide for an additional tax upon malt beverages;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By inserting, following Section 1, a new Section 2, to read as follows:
"Section 2. In addition to all other taxes proposed upon the sale of malt beverages, there is hereby levied an excise tax upon the business of selling malt beverages as follows:
(1) Where the beverage is sold in or from a barrel or bulk container, a tax at the rate of $5.00 for each container containing not more than thirty-one gallons and at a like rate for fractional parts thereof.
MONDAY, MARCH 10, 1969
1025
(2) Where the beverage is sold in bottles, cans or other con tainers, other than barrel or bulk containers as above specified, a tax at the rate of 2.5 4 for each twelve ounces or fractional part thereof.
The taxes imposed by the provisions of this Section upon the sale of malt beverages shall be imposed, collected and enforced in accordance with the provisions of an Act relating to the licensing, regulation and taxation of malt beverages, approved March 23, 1953 (Ga. Laws 1935, p. 73), as amended."
On the adoption of the amendment to the committee substitute, the ayes were 38, nays 8, and the amendment was adopted.
Senator Holley of the 22nd offered the following amendment to the com mittee substitute to HB 104:
Amend the Senate Banking and Finance Committee substitute to HB 104 as follows:
By inserting in the title, immediately before the phrase:
"to provide an effective date"
the following:
"to provide an additional tax on certain tobacco products;".
By inserting, immediately before Section 3, a new Section to be numbered Section 2A, and to read as follows:
"Section 2A. In addition to all other taxes of every kind im posed by law upon cigarettes, there is hereby levied an excise tax upon the sale, receipt, purchase, possession, consumption, handling, distribution or use of cigarettes in this State, in the amount of two cents per package of twenty. Said tax shall be levied and collected as provided for by the provisions of an Act approved February 28, 1955 (Ga. Laws 1955, p. 268), as amended."
On the amendment to the committee substitute, 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:
Broun of 46th Brown of 47th Doss Fincher of 51st
Garrard Gillis Hardy Holley
Holloway Hudgins Jackson Johnson
1026
Kidd London McGill Miller Noble Padgett
JOURNAL OF THE SENATE,
Plunkett Reeder Reynolds Riley Scott Searcey
Smith of 18th Starr Tysinger Vann Walling Ward
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Carter Chapman Coggin Cox
Dean Eldridge Fincher of 54th Hensley Hill Kennedy Maclntyre Pennington Rowan
Smalley Smith of 34th Spinks Stephens Trippe Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment to the committee substitute, the ayes were 30, nays 26, and the amendment was adopted.
On the passage of the committee substitute as amended, 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:
Broun of 46th Brown of 47th Garrard Gillis Hardy Holley Hudgins Jackson
Kidd Maclntyre McGill Miller Padgett Pennington Plunkett Reeder
Reynolds Riley Scott Smith of 18th Starr Tysinger Vann Walling
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman
Carter Chapman Coggin Cox Dean
Doss Eldridge Fincher of 51st Fincher of 54th Hensley
Hill Holloway Johnson Kennedy London Noble
MONDAY, MARCH 10, 1969
1027
Rowan Searcey Smalley Smith of 34th Spinks Stephens
Trippe Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the committee substitute as amended, the ayes were 24, nays 32, and the committee substitute was lost.
Senator Dean of the 6th moved that the Senate reconsider its action on Sen ator Reynolds of the 48th's amendment No. 2.
On the motion to reconsider, the ayes were 24, nays 30, and the motion was lost.
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 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 of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Coggin Cox Doss Fincher of 51st Garrard Gillis Hardy
Holley Holloway Hudgins Jackson Johnson Kidd London Maclntyre McGill Miller Padgett Pennington Plunkett
Reeder Reynolds Riley Scott Searcey Smith of 18th Starr Tysinger Vann
Walling
Ward Zipperer
1028
JOURNAL OF THE SENATE,
Those voting in the negative were Senators:
Abney Adams of 26th Chapman Dean Eldridge Fincher of 54th
Hensley Hill Kennedy Noble Rowan Smalley
Smith of 34th Spinks Stephens Trippe Webb Young
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 38, nays 18.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Reynolds of the 48th moved that HB 104 be immediately transmitted to the House.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
Senator Fincher of the 51st gave notice that at the proper time he would move that the Senate reconsider its action on the following bill of the Senate:
SB 82. By Senator Chapman of the 32nd:
A bill to amend Code Section 88-2603, relating to the power and duties of the Board of Health in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in incorporated communities of 5,000 or more population according to the 1960 or any future Federal decennial census; and for other purposes.
Senator Stephens of the 36th moved that the Senate disagree to the report of the Committee on Penal and Correctional Affairs, which was unfavorable to the passage of the following bill of the House:
HB 317. By Messrs. Chandler and Harrington of the 34th, Higginbotham of the 75th, Sweat of the 65th, Rush of the 51st, Thompson of the 85th and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board
MONDAY, MARCH 10, 1969
1029
of Corrections and to prisons, public work camps, and prisoners, so as to provide that no person who is a member of the State Board of
Corrections shall be employed by the Board of Corrections in any capacity whatsoever; and for other purposes.
The Chair stated that the question is, "Shall the report of the committee, which was adverse to the passage of the bill, be agreed to?"
On the motion, Senator Stephens of the 36th 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:
Abney Adams of 5th Brown of 47th Carter
Cox Doss Fincher of 54th
Gillis Hardy Hensley Hill
Holley Jackson Kennedy Kidd London McGill Miller
Noble Padgett Pennington Reeder
Reynolds Riley Scott Searcey Smith of 18th Smith of 34th Spinks Starr Trippe Young Zipperer
Those voting in the negative were Senators:
Andrews Bateman Broun of 46th Chapman Dean Eldridge
Fincher of 51st Garrard Johnson Maclntyre Plunkett Rowan
Smalley Stephens Tysinger Walling Ward
Webb
By unanimous consent, verification of the roll call was dispensed with.
On the motion to agree with the report of the committee, the ayes were 33, nays 18.
The motion prevailed, and the report of the committee was agreed to.
The following reports of standing committees were read by the secretary:
1030
JOURNAL OF THE SENATE,
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 38. Do pass as amended. SB 39. Do pass. SB 44. Do pass as amended. SB 61. Do pass. SB 236. Do pass. SB 237. Do pass. SB 239. Do pass. SB 240. Do pass as amended. SB 241. Do pass. SB 244. Do pass. SR 76. Do pass. HB 106. Do pass. HB 131. Do pass. HB 207. Do pass as amended. HB 210. Do pass as amended. HB 251. Do pass. HB 322. Do pass. HB 328. Do pass. HB 355. Do pass. HB 445. Do pass by substitute. HB 515. Do pass. HB 546. Do pass. HB 547. Do pass as amended. HB 586. Do pass. HB 592. Do pass. HB 604. Do pass. HB 618. Do pass. HB 619. Do pass.
MONDAY, MARCH 10, 1969
1031
KB 628. Do pass. HE 635. Do pass. KB 636. Do pass. HB 637. Do pass. HB 638. Do pass. HB 639. Do pass. HB 640. Do pass. HB 657. Do pass. HB 675. Do pass. HB 676. Do pass. HB 678. Do pass. HB 679. Do pass. HB 700. Do pass. SR 94. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 14. Do pass by substitute. SB 72. Do pass as amended.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and resolution of the Senate, and has instructed me, as
1032
JOURNAL OF THE SENATE,
Chairman, to report the same back to the senate as correct and ready for transmission to the House of Representatives:
SB 20. SB 53. SB 66. SB 80. SB 99. SB 100. SB 133. SB 216. SB 220. SB 232. SB 238. SR 100.
Respectfully submitted, Eldridge of 7th District, Chairman.
Senator Plunkett of the 30th asked unanimous consent that the Journal show that the Senate remained in session until 6:41 o'clock p.m.
Senator Searcey of the 2nd moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 9:30 o'clock.
TUESDAY, MARCH 11, 1969
1033
Senate Chamber, Atlanta, Georgia,
Tuesday, March 11, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Starr of the 44th reported that the journal of yesterday's pro ceedings had been read and found correct.
Senator Fincher of the 51st moved that the Senate reconsider its action on the following bill of the Senate:
SB 82. By Senator Chapman of the 32nd: A bill to amend Code Section 88-2603, relating to the power and duties of the Board of Health in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in incorporated communities of 5,000 or more population according to the 1960 or any future Federal decennial census; and for other purposes.
On the motion to reconsider, the ayes were 23, nays 6.
The motion prevailed, and SB 82 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
1034
JOURNAL OF THE SENATE,
The president announced as the doctor of the day, Dr. A. A. Rogers, and as the nurse of the day, Mrs. Jean Hagen.
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 hills and resolutions of the House, to-wit:
HB 799. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, so as to change the corporate limits of said city; and for other purposes.
HB 801. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act incorporating the City of Royston, so as to abolish the Mayor's Court and to create and establish in lieu thereof a Recorder's Court; and for other purposes.
HB 802. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act incorporating the City of Royston, so as to authorize the mayor and council to employ a city manager; and for other purposes.
HB 806. By Messrs. Lane of the 101st, Hill of the 97th, Felton and Horton of the 95th, Longino of the 98th and Adams of the 100th:
A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the duties of the Local Advisory Board; and for other purposes.
HB 810. By Messrs. Pinkston, Knapp, Keen and Evans of the 81st, Miller of the 83rd, and Dodson of the 82nd:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to provide that the commissioners of Bibb County shall fix their own compensation; and for other purposes.
HB 428. By Messrs. Matthews of the 53rd and Hudson of the 48th:
A bill to be known as the "Dead Animal Disposal Act"; to provide for the disposition of dead animals and parts thereof; and for other purposes.
TUESDAY, MARCH 11, 1969
1035
HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to reorganize said Chapter into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Lambert of the 25th, and Parker of the 46th:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.
HB 655. By Messrs. Lane of the 44th, Hargrett of the 58th, Holder of the 49th, Parker of the 44th and Smith of the 3rd:
A bill to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, so as to add to the titles of those practicing medicine "D.O." and "Doctor of Osteopathy"; and for other purposes.
HB 717. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide that Code Section 26-3102 shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty; and for other purposes.
HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
1036
JOURNAL OF THE SENATE,
HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th, Cole of the 3rd, Harris of the 10th, Adams of the 100th, Hood of the 99th, Smith of the 39th, Lane of the 101st and others:
A bill to provide that it shall be unlawful for any person, firm or corporation to operate any facility within this State where any motor vehicles shall engage in any contest of speed or endurance unless the facility shall be so constructed that it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.
HR 204. By Mr. Caldwell of the 39th:
A resolution proposing an amendment to the Constitution so as to provide that all property held by and belonging to non-profit cor porations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services, shall be exempt from all ad valorem taxation; and for other purposes.
HR 251. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th, Clarke of the 33rd and Maxwell of the 78th:
A resolution creating the Georgia Commission for the National Bicen tennial Celebration; and for other purposes.
HR 264. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee and Lee of the 61st, Jones of the 59th and Lambert of the 25th, Murphy of the 19th and others:
A resolution approving the Governor's plan for communications and creating the State Communications Committee; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 110. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act consolidating the offices of Tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax commissioner and to change the method for determining his salary; and for other purposes.
HB 320. By Mr. McClatchey of the 113th:
A bill to amend Title 56 of the Code of Georgia, relating to the regu lation of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts; and for other purposes.
TUESDAY, MARCH 11, 1969
1037
HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A bill to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 634. By Mr. Brooks of the 17th:
A bill to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 135. By Mr. Rowland of the 42nd:
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, buildings, furniture and equipment therefor, for repairs and alterations; and for other purposes.
HB 136. By Mr. Rowland of the 42nd:
A bill to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (now the "Employment Security Law"), so as to extend the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 258. By Senator London of the 60th:
A bill to abolish the present mode of compensating the ordinary of White County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
1038
JOURNAL OF THE SENATE,
SB 259. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to create a Board of Com missioners of Fannin County to consist of a Chairman and two other members; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 260. By Senators London of the 50th and Andrews of the 49th:
A bill to amend an Act creating the North Georgia Mountains Au thority, so as to declare said Authority to be political subdivision of the State; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 261. By Senators Andrews of the 49th and London of the 50th:
A bill to amend an Act promoting and regulating the poultry industry, so as to change the method of registration for hatchery operators and dealers; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
SB 262. By Senator Pennington of the 45th:
A bill to provide that it shall be unlawful to possess more than 576 fluid ounces of malt beverages in counties in which the sale of such malt beverages is not permitted; to repeal conflicting laws; and for other purposes.
Referred to Committee on Temperance.
SB 263. By Senators Tysinger of the 41st, Johnson of the 38th, Walling of the 42nd and others:
A bill to create the Institute for Research in Bio-Technology; to repeal conflicting laws; and for other purposes.
Referred to Committee on Scientific Research.
SB 264. By Senator Ward of the 39th:
A bill to create the Georgia Human Development Commission; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
TUESDAY, MARCH 11, 1969
1039
SB 265. By Senator Kidd of the 25th:
A bill to authorize the head of any department or agency of state government to declare any property within his department or agency to be surplus; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 266. By Senator Maclntyre of the 40th:
A bill to amend an Act creating the Georgia Commission on the Arts, approved April 10th, 1968, so as to change the provisions relating to the expenses of the members of said Commission; to repeal con flicting laws; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
SR 108. By Senators Reeder of the 55th, Trippe of the 31st, Vann of the 10th and others:
A resolution authorizing the cancellation and exchange of certain ease ments held by the State Highway Department acquired in conjunction with Georgia Highway Project F 010-2 (10) formerly FAP 449-C; and for other purposes.
Referred to Committee on Highways.
SR 109. By Senators Broun of the 46th and Jackson of the 16th: A resolution creating a University System of Georgia Study Commit tee; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the first time and referred to committees:
HB 428. By Messrs. Matthews of the 53rd and Hudson of the 48th: A bill to be known as the "Dead Animal Disposal Act"; to provide for the disposition of dead animals and parts thereof; and for other purposes.
Referred to Committee on Health and Welfare.
HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others: A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to reorganize said Chapter
1040
JOURNAL OF THE SENATE,
into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and others:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Com modities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promo tion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 655. By Messrs. Lane of the 44th, Hargrett of the 58th, Holder of the 49th and others:
A bill to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, so as to add to the titles of those practicing medicine "D. O." and "Doctor of Osteopathy"; and for other purposes.
Referred to Committee on Health and Welfare.
HB 717. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide that Code Section 26-3102 shall not affect a sentence when the case is tried without a jury or when, the judge accepts a plea of guilty; and for other purposes.
Referred to Committee on Judiciary.
TUESDAY, MARCH 11, 1969
1041
HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
Referred to Committee on Judiciary.
HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th and others: A bill to provide that it shall be unlawful for any person, firm or corporation to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endurance unless the facility shall be so constructed that it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.
Referred to Committee on Highways.
HB 799. By Messrs. Douglas and Rowland of the 42nd: A bill to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 801. By Messrs. Mauldin and Milford of the 12th: A bill to amend an Act incorporating the City of Royston, so as to abolish the Mayor's Court and to create and establish in lieu thereof a Recorder's Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 802. By Messrs. Mauldin and Milford of the 12th: A bill to amend an Act incorporating the City of Royston, so as to authorize the mayor and council to employ a city manager; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 806. By Messrs. Lane of the 101st, Hill of the 97th, Felton of the 95th and others: A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the duties of the Local Advisory Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
1042
JOURNAL OF THE SENATE,
HB 810. By Messrs. Pinkston, Knapp, Keen of the 81st and others:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to provide that the commissioners of Bibb County shall fix their own compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 204. By Mr. Caldwell of the 39th:
A resolution proposing an amendment to the Constitution so as to provide that all property held by and belonging to non-profit cor porations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services, shall be exempt from all ad valorem taxation; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 251. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th and others:
A resolution creating the Georgia Commission for the National Bicen tennial Celebration; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HR 264. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
A resolution approving the Governor's plan for communications and creating the State Communications Committee; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
The following bills and resolutions were read the second time:
SB 253. By Senators Brown of the 47th and London of the 50th:
A bill to amend Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, as amended, so as to provide certain exceptions and exemptions from the educational re quirements prescribed for admission to the practice of law; to repeal conflicting laws; and for other purposes.
SB 254. By Senator Andrews of the 49th:
A bill to amend an Act providing for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action
TUESDAY, MARCH 11, 1969
1043
arising from the transaction of business in this State, so as to provide a definition of "transacts any business in this State"; and for other purposes.
SB 255. By Senator McGill of the 24th:
A bill to amend an Act placing the sheriff, the ordinary and clerk of the Superior Court of Wilkes County upon an annual salary, ap proved April 2, 1963, so as to change the compensation of the clerk of the Superior Court; to repeal conflicting laws; and for other purposes.
SB 256. By Senators McGill of the 24th, Zipperer of the 3rd, Miller of the 43rd and others:
A bill to amend an Act known as the "Georgia Motorboat Numbering Act", so as to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 257. By Senator Garrard of the 37th:
A bill to amend Code Section 56-2703, relating to life insurance cover age for dependents under group policies, so as to change the cir cumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses, dependent and minor children; and for other purposes.
SR 103. By Senator Coggin of the 35th:
A resolution proposing an amendment to the Constitution so as to provide, beginning with the year 1974, that the Governor and Lieutenant Governor shall be elected jointly as a unit instead of separately; to provide the procedure connected therewith; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
SR 104. By Senators Andrews of the 49th, Fincher of the 51st, Abney of the 53rd and others:
A resolution authorizing and directing the State Building Authority to provide adequate parking space for members of the General As sembly during legislative sessions and for other purposes.
SR 106. By Senators Plunkett of the 30th and Holloway of the 12th:
A resolution expressing the desire of the General Assembly that the architects who hereafter design public buildings be encouraged to plan their designs in such a manner that the buildings can effectively be used as fallout shelters; and for other purposes.
1044
JOURNAL OF THE SENATE,
HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st and others:
A bill to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.
HB 432. By Messrs. Maxwell of the 78th and Connell of the 79th:
A bill to amend an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint plan ning facilities, so as to clarify that municipalities have the authority to zone property within their corporate limits, and counties have the authority to zone property within the unincorporated areas of the county and for other purposes.
HB 567. By Mr. Harrison of the 66th:
A bill to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the provisions thereof relative to filling vacancies in said office; and for other purposes.
HB 617. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tifton, so as to extend the corporate limits of the City of Tifton; and for other purposes.
HB 645. By Messrs. Smith, Cole and Leonard of the 3rd:
A bill to incorporate the City of Cohutta, Georgia, in the County of Whifield; and for other purposes.
HB 694. By Messrs. Gaynor of the 88th, Hill of the 94th, Ellis of the 91st and others:
A bill to amend an Act known as the "Urban Redevelopment Law", so as to provide that in counties having a population of 150,000 and not more than 500,000, the term "municipality" used in said Act shall also mean "County"; and for other purposes.
HB 748. By Messrs. Rainey and Bowen of the 47th:
A bill to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.
HB 752. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.
TUESDAY, MARCH 11, 1969
1045
HB 762. By Mr. Knowles of the 22nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff, the chief deputy of the sheriff, the clerk of the superior court and the ordinary of Henry County; and for other purposes.
HB 763. By Mr. Knowles of the 22nd:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the salary of the treasurer of Henry County; and for other purposes.
HB 764. By Mr. Knowles of the 22nd:
A bill to amend an Act creating a board of county commissioners for Henry County, so as to change the compensation of the members of the board of county commissioners; to provide for a travel expense allow ance for each member of the board of county commissioners; and for other purposes.
HB 765. By Mr. Knowles of the 22nd:
A bill to change the terms of the superior court of Henry County? and for other purposes.
HB 770. By Mr. Jordan of the 55th:
A bill to amend an Act creating the charter for the City of Douglas, so as to provide that the city manager shall have an annual audit con ducted of the financial affairs, books and records of the City of Douglas; and for other purposes.
HB 771. By Mr. Jordan of the 55th:
A bill to amend an Act creating the office of Commissioner of Roads, and Revenues in the county of Coffee, so as to provide that the Board of Commissioners of Coffee County shall have an annual audit con ducted of the financial affairs, books and records of Coffee County;; and for other purposes.
HB 774. By Mr. Wheeler of the 57th:
A bill to amend an Act creating a new Charter for the City of Alma, soas to remove certain provisions in the title of said Act relating tolimitations on taxation; to provide for the levy and collection of taxes^ and for other purposes.
1046
JOURNAL OF THE SENATE,
HB 776. By Mr. Jones of the 59th:
A bill to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to authorize the governing authority of Mclntosh County to pro vide additional compensation for the assistant to the tax commissioner; and for other purposes.
HB 777. By Mr. Jones of the 59th:
A bill to amend an Act creating a board of commissioners of Mclntosh County, so as to change the compensation of the commissioners; and for other purposes.
HB 778. By Mr. Jones of the 59th:
A bill to abolish the present mode of compensating the ordinary of Mclntosh 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.
HB 779. By Mr. Jones of the 59th:
A bill to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four Councilmen; and for other purposes.
HB 788. By Messrs. Cato and Conger of the 68th:
A bill creating and establishing a Small Claims Court for Seminole County, Georgia; to provide for an effective date; to provide for a referendum; and for other purposes.
HB 790. By Messrs. Dodson of the 82nd, Evans and Knapp of the 81st and others:
A bill to create the offices and the appointment of four assistant district attorneys of the Macon Judicial Circuit; and for other purposes.
HB 792. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act changing the mode of compensating the clerk of the superior court, the sheriff, ordinary and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the compensation which the deputy clerk may receive; and for other purposes.
TUESDAY, MARCH 11, 1969
1047
HB 793. By Messrs. Odom, Lee, Hutehinson and Busbee of the 61st:
A bill to amend an Act providing a new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.
HB 794. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating the office of commissioner of Bleckley County, so as to increase the compensation of the commissioner; to provide for a clerk; and for other purposes.
HB 795. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act abolishing the fee system for the sheriff of Bleckley County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HR 84. By Mr. Moate of the 28th: A resolution compensating Mr. Buford Little; and for other purposes.
HB 141. By Messrs. Parrar of the 77th, DeLong of the 80th, Hood of the 99th and others:
A bill to create a new and entirely separate retirement system for certain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.
HB 791. By Messrs. Thompson of the 86th, Felton of the 95th, Jones of the 59th, Rowland of the 42nd, Conger of the 68th and others:
A bill to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide for the exclusive procedure for modifying such judgment shall be by a proceeding instituted in a court of this State; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Smith of the 18th District, Vice-Chairman of the Committee on Rules, submitted the following report:
1048 Mr. President:
JOURNAL OF THE SENATE,
Your Committee on Rules has had under consideration the following resolu tion of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 101. Do pass.
Respectfully submitted, Smith of 18th District, Vice-Chairman.
Senator Hensley of the 33rd District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the .Senate with the following recommendations:
HB 121. Do pass by substitute. HB 436. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
Senator Smith of the 18th 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 rec
ommendations :
HB 559. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
TUESDAY, MARCH 11, 1969
1049
The following local, uncontested bills and resolution, favorably reported by the committee, were read the third time, and put upon their passage:
SB 38. By Senator Johnson of the 38th, Coggin of the 35th, Hardy of the 56th and others:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta," approved Sept. 6, 1891, as amended, so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.
The Committee on County and Urban Affairs offered the following amendment:
Amend SB 38 by striking the figure "$27,500.00" from Section 1(A) of Section 1 and inserting in lieu thereof the figure "$25,000.00".
By striking the figure "$24,000.00" from Section 1(B) of Section 1 and inserting in lieu thereof the figure "$22,500.00".
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 amended, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed amended.
SB 44. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others: A bill to amend an Act creating the Civil Court of Fulton County, so as to change the compensation of the judges thereof; and for other purposes.
The Committee on County and Urban Affairs offered the following amendment:
Amend SB 44 by striking from quoted Section 14-A of Section 1 the following: "twenty-eight thousand ($28,000.00)" and "twenty-seven
1050
JOURNAL OF THE SENATE,
thousand five hundred ($27,500.00)", inserting in lieu thereof the following: "twenty-five thousand five hundred ($25,500.00)" and "twenty-five thousand ($25,000.00)", respectively.
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.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 39. By Senators Johnson of the 38th, Stephens of the 36th, Hardy of the 56th and others: A bill to amend an Act providing for minor children to be eligible for widow's pension where there is no widow; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 61. By Senators Holley of the 22nd and Padgett of the 23rd: A bill to provide for the solicitor of the City Court in certain counties to be included as a "permanent employee" within the meaning of such county pension or retirement laws existing in said counties, etc., to pro vide for the continuation of said previous inclusion, etc.; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 11, 1969
1051
SB 236. By Senator "London of the 50th:
A bill to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County; to provide for a referendum; 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 237. By Senators Reeder of the 55th, Miller of the 43rd and Tysinger of the 41st:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to change the terms of office of the members 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 239. By Senator Zipperer of the 3rd:
A bill to create a Board of Commissioners of Roads and Revenues for the County of Effingham to be elected by the qualified voters of said county, so as to change the compensation for the commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
SB 241. By Senator Zipperer of the 3rd:
A bill to amend an Act creating a new charter for the Town of Guyton, so as to change the corporate limits of said Town; to provide for a referendum; 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 240. By Senator Zipperer of the 3rd:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the Superior Court of Bryan County upon an annual salary, ap proved March 10, 1959 (Ga. L. 1959, p. 2616), as amended, so as ta change the compensation of the deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Committee on County and Urban Affairs offered the followingamendment:
Amend SB 240 by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 which shall read:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
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.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
TUESDAY, MARCH 11, 1969
1053
SB 244. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, so as to provide for electing the city com missioners by a majority vote; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 106. By Messrs. Lane of the 101st, Winkles of the 96th, Horton of the 95th, Adams of the 100th, Hood of the 99th 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 of Fulton County," so as to clarify the wording of the formula provided in the amendment approved March 4, 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 131. By Messrs. Adams of the 100th, Hill of the 97th, Brantley of the 114th and others:
A bill to provide that in all counties having a population of 500,000 or more, all moneys arising from fines and forfeited recognizances, etc., shall be paid directly to the county treasurer or the officer or institu tion performing the duties of the county treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
1054
JOURNAL OF THE SENATE,
SR 76. By Senators Stephens of the 36th, Smith of the 34th, Garrard of the 37th and others:
A resolution creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
Senator Stephens of the 36th moved that SR 76 be immediately transmitted to the House.
On the motion, the ayes were 42, nays 0, and the motion prevailed.
HB 207. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
The Committee on County and Urban Affairs offered the following amendment:
Amend HB 207 by striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
On the adoption of the amendment, the ayes were 45, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
TUESDAY, MARCH 11, 1969
1055
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Maclntyre of the 40th moved that HB 207 be immediately trans mitted to the House.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Jeff Davis County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
The Committee on County and Urban Affairs offered the following amendment:
Amend HB 210 by striking in its entirety Section 7 and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
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.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Maclntyre of the 40th moved that HB 210 be immediately trans mitted to the House.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
1056
JOURNAL OF THE SENATE,
HB 251. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Tift County, so as to change the salary of the chair man and vice-chairman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 322. By Messrs. Lane of the 101st, Cook, Hawes, Horton and Gates of the 95th and Longino of the 98th:
A bill to amend an Act incorporating the City of Hapeville, so as to change the provisions relating to the veto power of the mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 328. By Mr. Joiner of the 35th:
A bill to amend an Act incorporating the City of Sandersville, so as to abolish the office of City Treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 11, 1969
1057
HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton, Felton, Hawes and Gates of the 95th and others:
A bill to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have certain additional members in certain municipalities; and for other purposes.
The Committee on County and Urban Affairs offered the following substitute:
A BILL
To be entitled an Act to amend an Act known as the "Housing Au thorities Law", approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved February 12, 1943 (Ga. Laws 1943, p. 146), so as to increase the membership of housing authorities in certain municipalities; to change the terms of office and qualifica tions of the commissioners of housing authorities in certain municipali ties; to provide for advisory committees to housing authorities in cer tain municipalities; to provide for all matters relative to the fore going; 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 "Housing Authorities Law", ap proved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particu larly by an Act approved February 12, 1943 (Ga. Laws 1943, p. 146), is hereby amended by striking Section 5A in its entirety and inserting in lieu thereof two new sections to be designated Sections 5A and 5B and to read as follows:
"Section 5A. In all municipalities of this State having a popu lation of 400,000 or more according to the 1960 United States Decennial Census, or any future such census, the membership of the authorities of such municipalities shall consist of seven com missioners.
The additional commissioners added by the provisions of this Section shall be appointed for initial terms of office of two and four years, respectively, commencing with the 1st day of January 1970. Thereafter, successors to the initial commissioners added by the provisions of this Section shall be appointed for terms of four years and until their successors are duly appointed and qualified.
The commissioners of such authorities serving on the effective date of this Section shall continue to serve for the terms of office to which they were originally appointed. As their respective terms of office shall expire, their successors shall be appointed to serve for terms of office of four years.
In the event of resignation or death or incapacity of any com missioner before the expiration of his term, the vacancy for the
1058
JOURNAL OF THE SENATE,
unexpired term shall be filled by the remaining members of the board. If there is a tie vote on the selection of a commissioner for any unexpired term, the mayor of any such municipalities shall be entitled to vote in selecting a commissioner therefor. Except as provided herein, the provisions of Section 5 with respect to the ap pointment, terms of office, powers and authority of said commis sioners shall remain in full force and effect.
"Section 5B. (a) In all municipalities of this State having a
population of 400,000 or more according to the United States Decennial Census of 1960 or any future such census, there shall be an advisory committee to the authorities of such municipalities.
Each such advisory committee shall be composed of one resident of each of the projects owned, managed, controlled or under the juris diction of each such authority and three members at large from each such municipality. The mayor of each such municipality shall appoint the members of each such advisory committee, as herein provided, and in making such appointments he shall provide for staggered terms by appointing such members in groups for initial terms of one, two, three and four years for each respective group. Upon the expiration of said initial terms, all members shall be ap pointed for terms of four years and until their successors are ap pointed and qualified. The first members of said advisory commit tees shall be appointed, as hereinabove provided, to take office on January 1, 1970.
(b) It shall be the duty of each such advisory committee to advise and consult with the members of its authority relative to the plans, procedures and policies of such authority as such plans, procedures and policies relate to the management, operation, pow ers, duties and fuctions of such authority."
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 45, 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed
by substitute.
'
HB 355. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th:
A bill to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a charter to that municipality under that name and style; to provide for a repeal of all laws that are in
TUESDAY, MARCH 11, 1969
1059
conflict with the charter and the several Acts amendatory to the 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 515. By Messrs. Lane of the 101st, Horton, Hawes, Gates and Cook of the 95th, Lee and Gary of the 21st:
A bill to amend an Act establishing a new charter for the City of College Park, so as to set the procedure for naming judge pro tern of the City Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 546. By Messrs. Lane of the 101st, Horton, Felton and Gates of the 95th and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to provide that all zoning and planning laws shall be gov erned by the general laws of the State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
1060
JOURNAL OF THE SENATE,
HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A bill to amend an Act consolidating, amending and codifying the vari ous Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.
The Committee on County and Urban Affairs offered the following amendment:
Amend HB 547 as follows:
By inserting in Sect. 1, page 2, in line 31 after the word "point" and before the word "on", the following:
"in land lot 147 where said Interstate right-of-way inter sects south right-of-way line of Old Chattanooga Road; thence east along the south right-of-way line of said road to a point on the east line of land lot 147; thence north along the east line of said land lot to a point on the north right-of-way line of Old Chattanooga Road; thence west along said right-of-way line to a point where said right-of-way line intersects the east right-of-way line of Interstate 75; thence north along said Interstate right-of-way line to a point"
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, having received the requisite constitutional majority, was passed as amended.
HB 586. By Messrs. Matthews and Fallin of the 63rd: A bill to amend an Act establishing the Colquitt County Airport Au thority, so as to change the name of said Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 11, 1969
1061
HB 592. By Mr. Moate of the 28th:
A bill to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, so as to change the fees and costs in connection with 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 604. By Messrs. Bostick and Tallin of the 63rd:
A bill to amend an Act creating a new Charter for the City of Tifton, so as to change the salary of 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 618. By Messrs. Peters of the 2nd, Snow, Crowe and Hale of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to clarify the provisions relating to the terms of office of the mayor and alderman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 619. By Messrs. Bennett, Reaves and Barfield of the 71st:
A bill to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, so as to alter 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 628. By Messrs. Adams of the 100th, Brantley of the 114th, Gates, Horton, Hawes, Cook and Felton of the 95th and others:
A bill to amend an Act creating a Civil Service Board in Fulton County, so as to change the compensation of the members of the said Civil Service Board; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 635. By Mr. Floyd of the 7th:
A bill to amend an Act placing the ordinary of Chattooga County on a salary basis, so as to change the amount which may be expended for clerical help 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 45, nays 0. The bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 11, 1969
1063
HB 636. By Mr. Floyd of the 7th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to change the maximum com pensation authorized for the clerk of the commissioner and the warden of the county public works camp; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 637. By Mr. Floyd of the 7th: A bill to amend an Act creating the City Court of Chattooga County, so as to change the name of the City Court of Chattooga County to the Civil and Criminal 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 638. By Mr. Floyd of the 7th: A bill to amend an Act placing the clerk of the Superior Court of Chat tooga County on a salary basis, so as to change the maximum amount which may be paid the deputy 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 639. By Mr. Floyd of the 7th:
A bill to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 640. By Mr. Ross of the 26th: A bill to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Ga. L. 1968, p. 1702, and which was ratified by the voters of Lincolnton, so as to provide for the appointment of members of the Lincolnton and Lincoln County Development Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 657. By Messrs. Fallin, Matthews and Bostick of the 63rd: A bill to create a new Board of Education of Colquitt County; to pro vide for a chairman and other members of the board; to provide for all matters relative to the foregoing; 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 11, 1969
1065
HB 675 By Mr. Brantley of the 52nd:
A bill to amend an Act creating a Board of Commissioners of Candler County, so as to change the compensation 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.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 676. By Mr. Brantley of the 52nd:
A bill to amend an Act providing a supplemental salary for the ordi nary of Candler County, so as to increase the supplemental salary 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 678. By Messrs. Chandler and Harrington of the 34th:
A bill to amend an Act entitled "An Act to create a Board of Commis sioners of Roads and Revenues of Wilkinson County", so as to provide for the election of County Commissioners for a term of 4 years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 679. By Messrs. Edwards and Black of the 45th:
A bill to provide for the compensation of the coroners of all counties with populations of not less than 8,250 and not more than 8,350 accord ing to the 1960 Federal Decennial Census or any future such census; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 700. By Messrs. Graves, Lowrey and Toles of the 9th: A bill to authorize and effectuate the establishment of a merit system for the government of Floyd County to include all employees of the county except as hereinafter provided; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Scripture reading and prayer were offered by the Reverend Max Barlow, pastor, Asbury Methodist Church, Columbus, Georgia.
Senator Kennedy of the 4th asked unanimous consent that the roll call be dispensed with.
The consent was granted.
Senator Eldridge of the 7th was absent from the Senate today due to a death in the family.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
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SB 14. By Senators Webb of the llth, Johnson of the 38th and Searcey of the 2nd:
A bill to amend Title 46 of the Code of Georgia, relating to garnish ment, as amended, so as to exempt wages, salaries and commissions of any person residing in this State from garnishment; 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 Chapter 46-2 of the Georgia Code so as to add a new Code Section to be numbered "46-215", relating to discharge from employment by reason of garnishment; to amend Chap ter 46-4 of the Georgia Code so as to add a new Code Section to be numbered "46-409" relating to the bill of costs in garnishment proceed ing to further amend Chapter 46-4 of the Georgia Code so as to add a new Code Section to be numbered "46-410", relating to reopening of judgment against defendant in certain cases; to amend Code Section 46-208, relating to exemptions of wages from the process of garnish ment, as amended, particularly by an Act approved March 25, 1958 (Ga. Laws 1958, p. 335), so as to change the provisions of said Code Section to provide certain limitations on garnishment; to provide for definition in connection therewith; to amend Code Section 46-406, re lating to proceedings on garnishment when garnishee fails to answer; to amend Code Section 46-701, relating to proceedings on garnishment in Justice of the Peace Courts when garnishee fails to answer; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 46-208, relating to exemptions of wages from the process of garnishment, as amended, particularly by an Act approved March 25, 1958 (Ga, Laws 1958, p. 335), is hereby amended by striking said Code Section in its entirety and by inserting in lieu thereoi a new Code Section 46-208 to read as follows:
"Section 46-208. Limitation on Garnishment, (a) As used in this Section, the words 'disposable earnings' mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts required by law to be withheld and any amount said indi vidual must pay for support of any person pursuant to an order of any court.
(b) The maximum part of the aggregate disposable earnings of an individual for any work week which is subjected to garnishment may not exceed the lesser of:
(1) 25 percent of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage pre-
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scribed by Section 6 (a) (1) of the Fair Labor Standards Act of 1938, USC Title 29, Section 206 (a) (1), in effect at the time the earnings are payable.
(c) In the case of earnings for a pay period other than a week, a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2) of subsection (b) of this Section shall be used."
Section 2. Chapter 46-2 of the Georgia Code is hereby amended by adding a new section to be numbered "Section 46-215" to read as follows:
"Section 46-215. Restriction on Discharge from Employment by Reason of Garnishment. No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnish ment. Any person violating the provision of this section shall, upon con viction, be punished as for a misdemeanor.
Section 3. Code Section 46-406, as amended, relating to judgment against defendant and to default judgment against a garnishee on fail ure to answer, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 46-406 to read as follows:
"Section 46-406. Judgment Against Defendant. Default Judgment Against Garnishee on Failure to Answer, (a) In the event the court shall decide that the fund or property in the hands of the garnishee was subject to garnishment had the garnishment not been dissolved, the court shall render judgment against the defendant and his securities; and in case the garnishee shall fail or refuse to file the answer provided for in Section 46-301, judgment by default may be entered against him for the lesser of (1) the amount of such judgment as may have been ob tained against the defendant, or so much thereof as shall remain unpaid at the time default judgment is rendered against the garnishee, or (2) one hundred and twenty-five percent (125%) of the amount by which garnishee was indebted to defendant from the time of service of sum mons of garnishment through and including the last day on which a timely answer could have been made and for all property, money or effects belonging to the defendant which have come into garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made, and in the case of garnishment of wages, less any exemption allowed the de fendant by law; provided, however, when there is no such indebtedness, property, money or effects, judgment shall be entered against the garnishee for attorney's fees of the plaintiff, but said attorney's fees shall not exceed fifteen percent (15%) of the first five hundred dollars ($500) of the principal amount of the judgment against the defendant, and ten percent (10%) of the principal amount of said judgment in ex cess of five hundred dollars ($500).
(b) The limitations on the garnishee's liability in subsection (a) of this section shall be applicable to all courts of general or limited jurisdiction of this State.
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Section 4. Chapter 46-4 of the Georgia Code is hereby amended by adding a new section to be numbered "46-409" to read as follows:
"Section 46-409. Bill of Costs in Garnishment Proceedings. The bill of costs, as approved by the court, in garnishment proceedings shall never exceed one-fifth (1/5) of the indebtedness which is the subject of the garnishment proceeding.
Section 5. Chapter 46-4 of the Georgia Code is hereby further amended by adding a new section to be numbered "46-410" to read as follows:
"Section 46-410. Reopening Judgment by Defendant. A defendant may, upon proof of excusable neglect and within (15) days of the date of service of summons of garnishment upon a garnishee, reopen the judgment on which the garnishment was based.
Section 6. Code Section 46-701, relating to answer of garnishment in Justice of Peace Courts and entry of default against the garnishee, is hereby amended by striking from said Code Section the following:
"In case of failure so to answer, the justice of the peace shall enter a default against the garnishee, and shall enter judgment against the garnishee for such an amount as may have been ob tained by judgment against the defendant or for such amount as may be recovered in the pending suit.",
and inserting in lieu thereof the following:
"In case of failure so to answer, the justice of the peace shall enter a default judgment against the garnishee for such amount, including attorney's fees of the plaintiff, as would be authorized under Code Section 46-406 in an instance where judgment by de fault is taken against a garnishee.",
so that when so amended Code Section 46-701 shall read as follows:
"Code Section 46-701. When a process of garnishment shall be sued out, returnable to any justice's court and served upon the garnishee, it shall be the duty of the garnishee to answer at the term to which the garnishment shall be made returnable. In case of failure so to answer, the justice of the peace shall enter a de fault against the garnishee for such amount, including attorney's fees of the plaintiff, as would be authorized under Code Section 46-406 in an instance where judgment by default is taken against a garnishee. After judgment obtained, and when the garnishee shall appear and answer that he is indebted to or has effects in his hands belonging to the defendant, the court shall proceed as pre scribed in Section 8-504."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
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Senator Vann of the 10th offered the following amendment to the committee substitute:
Amend committee substitute to SB 14 by striking Section 2 in its entirety.
On the adoption of the amendment, the ayes were 27, nays 12, and the amendment was adopted.
Senator Vann of the 10th offered the following amendment to the committee substitute:
Amend the committee substitute to SB 14 by adding to the caption of said bill the following: "and to amend Chapter 46-8 of the Georgia Code so as to strike Section 46-806"
And by adding a new section to be entitled Section 6A which shall read as follows:
"Section 6A. Chapter 46-8 of the Georgia Code is hereby amended by striking Section 46-806 in its entirety."
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
Senator Bateman of the 27th offered the following amendment to the com mittee substitute:
Amend committee substitute to SB 14 by inserting in Section 2 following the words "No employer may discharge any employee" the word "solely" so that the sentence shall read:
"No employer may discharge any employee solely by reason of the fact that his earnings have been subjected to garnishment."
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
Senator Webb of the llth moved that the Senate reconsider its action on the amendment of Senator Vann of the 10th striking Section 2 in its entirety.
On the motion to reconsider, the ayes were 24, nays 16, and the motion prevailed.
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1071
On the amendment of Senator Vann of the 10th to the committee substitute, previously reconsidered, the ayes were 23, nays 19, and the amendment was adopted.
Senator Johnson of the 38th offered the following amendment to the com mittee substitute:
Amend the committee substitute to SB 14 by adding a sentence to Section 4, Section 46-409 as follows:
"In all cases, however, the person, firm or corporation causing summons of garnishment to issue shall pay in advance of issuance all costs of the affidavit, summons and service of same to the officer and/or court charged with the duty to issue and serve the affidavit and summons of garnishment."
On the adoption of the amendment, the ayes were 28, nays 5, and the amend ment was adopted.
On the adoption of the committee substitute as amended, 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 of 26th Bateman Broun of 46th Carter Chapman Coggin Cox Dean Garrard Gillis Hardy
Hensley Holley Holloway Johnson Kennedy Maclntyre Padgett Plunkett Riley Rowan Searcey
Smalley Smith of 34th Spinks Stephens Tysinger Vann Walling Ward Webb Young Zipperer
Those voting in the negative were Senators:
Abney Andrews Brown of 47th Doss Eldridge Fincher of 51st Hill
Hudgins Jackson Kidd London McGill Miller Noble
Pennington Reeder Reynolds Scott Starr Trippe
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By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the committee substitute as amended, the ayes were 33, nays 20, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, 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 of 26th Bateman Broun of 46th Carter Chapman Coggin Cox Dean Garrard Gillis Hardy
Hensley Holloway Johnson Kennedy Maclntyre Padgett Plunkett Riley Rowan Searcey Smalley
Smith of 18th Spinks Stephens Tysinger Vann Walling Ward Webb Zipperer
Those voting in the negative were Senators:
Abney Andrews Brown of 47th Doss Eldridge Fincher of 51st Fincher of 54th Hill
Holley Hudgins Jackson Kidd London McGill Miller Pennington
Reeder Reynolds Scott Smith of 34th Starr Trippe
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 31, nays 22.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
TUESDAY, MARCH 11, 1969
1073
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and others:
A bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
The Committee on Health and Welfare offered the following amendment:
Amend HB 225 by deleting Section 5 in its entirety and renumber ing the following sections accordingly.
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 as amended, 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 as amended.
The following communication from His Excellency, Governor Lester Maddox, was read by the secretary:
EXECUTIVE DEPARTMENT
Atlanta
February 28, 1969
Honorable George T. Smith Lieutenant Governor (President of the Senate)
and Speaker of the House of Representatives
and All Members of the General Assembly State Capitol Atlanta, Georgia Dear Ladies and Gentlemen:
Pursuant to the provisions of Code Chapter 91-5, this is to inform you that the State of Georgia has acquired a parcel of land in Lowndes
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County, Georgia, as highest bidder at public auction under a levy and execution by the State Highway Department. Said levy and execution arose out of a Deficiency Judgment on a condemnation case on Inter state Highway No. 1-75 of the National System of Interstate and De fense Highways in Lowndes County, same being the property formerly owned by Mrs. Chrystelle Hall. The Highway Department had to make the high bid ($10,582.29--the amount of the State's Deficiency Judg ment) in order to adequately protect the State's interest in the same. Title to said property was taken in the name of Lester G. Maddox, Governor of the State of Georgia, and his successors in office, as re quired by law.
The Sheriff's Deed dated the 18th day of December, 1968, and sup porting documents conveying said parcel of land to Lester G. Maddox, Governor of the State of Georgia, and his successors in office, are recorded in Deed Book 148, pages 56, 57, 58, 59, 60, 61, 62 and 63 of the Deed Records of Lowndes County, Georgia, and the same have been filed with the Secretary of State.
Respectfully,
Lester Maddox Governor
LM:jc
Senator Holley of the 22nd moved that the Senate resolve itself into a Committee of the Whole Senate for the purpose of considering the following bill of the House:
HB 162. By Mr. Jones of the 59th: A bill to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.
On the motion, the ayes were 31, nays 0, and the motion prevailed.
The president resolved the Senate into a Committee of the Whole Senate.
The Committee of the Whole Senate was dissolved.
Senator Holley of the 22nd reported for the Committee of the Whole as follows:
"Mr. President, the Committee of the Whole Senate has had under consideration HB 162, and has instructed me as its Chairman, to report
TUESDAY, MARCH 11, 1969
107&
the same back to the Senate, with the recommendation that the samedo pass as amended.
"In accordance with a motion which was passed in the Committee of the Whole I am attaching hereto and making by reference a part hereof a record of all of the roll call votes which were taken in theCommittee of the Whole during its deliberation on HB 162 and all amendments which were offered thereto, and I respectfully request that this report with the record of the roll call votes be entered in the Journal of the Senate."
Pursuant to the motion of the Committee of the Whole, the following record of amendments and roll calls are submitted:
Senator Andrews of the 49th moves to amend HB 162 as follows:
By inserting in the title, immediately before the phrase "to repeal conflicting laws", the following:
"to provide that all Federal income taxes shall be deducted from the gross income of all individual personal taxpayers for State income tax purposes;".
By inserting in Section 5 a sentence in Section 92-3107(A) to read as follows:
"There shall be deducted from the gross income of each indi vidual personal taxpayer within the State of Georgia, subject to State income taxation, all Federal income taxes which the taxpayeris liable to pay for the current tax year."
Those voting in the affirmative were Senators:
Abney Adams of 26th Andrews Bateman Chapman Dean Doss
Fincher of 51st Fincher of 54th Hudgins Johnson London Miller Pennington
Reeder Reynolds Rowan Searcey Stephens Vann
Those voting in the negative were:
Broun of 46th Brown of 47th Carter Coggin Cox Garrard
Gillis Hardy Hensley Hill Holley Holloway
Jackson Kennedy Kidd Maclntyre McGill Noble
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Plunkett Riley Scott Smalley Smith of 18th Smith of 34th
JOURNAL OF THE SENATE,
Spinks Starr Trippe Tysinger Walling Ward
Webb Young Zipperer Mr. President
Senator Coggin of the 35th District moves to amend HB 162 by deleting from Section 1, Subsection (a), the Rate Schedule as listed therein and substituting in lieu thereof the following attached Rate Schedule:
"Proposed rates and brackets to produce 35 million under HB 162 On the first $1,000, or any part thereof--._-_----__,,_._1.0% On the next $1,000, or any part thereof__.._,,_._________2.0% On the next $2,000, or any part thereof____________.____3.0% On the next $2,000, or any part thereof______.________4.0% On the next $2,000, or any part thereof----____----------5.0% On all in excess of $8,000----_____.__--__-________.7.0%"
Senator Searcey of the 2nd offered the following amendment:
Amend HB 162 by striking from quoted Subsection (a) of Section 92-3101 of Section 1 the following:
"On all in excess of $8,000,--______________.___.._......_ 6.0%
and inserting in lieu thereof the following:
"On $8,000 to $19,999.----_-__----______----___~----___ 6.0% On $20,000 to $29,999--------------------_-______-__._.___ 8.0% On all in excess of $30,000-------__--__----------____10.0%"
Those voting in the affirmative were Senators:
Carter Chapman Coggin Doss Garrard
Hensley Johnson Rowan Searcey Spinks
Stephens Vann Young Zipperer
Those voting in the negative were:
Abney Adams of 26th Andrews
Bateman Broun of 46th Brown of 47th
Cox Dean Fincher of 51st
Fincher of 54th Gillis Hardy Hill
Holloway Hudgina Jackson Kennedy Kidd London
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Maclntyre Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Scott
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Smalley Smith of 18th Smith of 34th Starr Trippe Tysinger Walling Ward Webb
Senator Rowan of the 8th moves to amend HB 162 as follows:
By striking from quoted subsection (a) of Section 92-3101 of Sec tion 1 the following:
"On all in excess of $8,000--_______.___.______ 6.0%,"
and inserting in lieu thereof the following:
"On $8,000 to $19,999------____.__-____-_______ 6.0% On $20,000 to $29,999--_______.__..__.______-__ 8.0% On $30,000 to $39,999-------___.__._____._._..___..10.0% On $40,000 to $49,999-______.......______--__.._.__-12.0% On $50,000 to $69,999__._________.____.__--------14.0% On all in excess of $70,000__-__..__~___._...._.___----16.0%"
Those voting in the affirmative were Senators:
Abney Andrews Carter Chapman Coggin
Doss Garrard Hensley Johnson Rowan
Searcey Spinks Stephens Walling Young
Those voting in the negative were:
Adams of 26th Bateman Broun of 46th Brown of 47th Cox Dean Fincher of 51st Fincher of 54th Gillis Hardy Hill Holloway Hudgins
Jackson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Scott Smalley Smith of 18th Smith of 34th Starr Trippe Tysinger Vann Ward Webb Zipperer
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Senator Gillis of the 20th moves to amend HB 162 by adding to Section 4 designated as Code Section 92-3106 (1) the following sentence:
"For single individuals with taxable income of over $6300.00 an additional credit of $12.00."
Senator Plunkett of the 30th moves to amend HB 162 by striking paragraph 7 of Section 5 in its entirety and inserting in lieu thereof a new paragraph 7 to read as follows:
"Paragraph 7. Any gain on 337 shall be recognized and added back but to the extent that a corporation incurs a Georgia income tax lia bility by reason of gains realized in a sale or sales which qualify as being exempt from federal income taxation under section 337 of the Internal Revenue Code, such Georgia income tax liability so attributable to such gains shall be allowed as a credit against the Georgia income tax liability of each common stockholder of such corporation in an amount which bears the same ratio to such Georgia income tax liability as the liquidation distribution received or receivable by such common stockholder bears to the liquidation distribution received or receivable by all common stockholders. Such credit shall be allowable only in the taxable year or years of each stockholder in which such liquidation distribution is received and shall be limited to the amount of Georgia income tax liability, if any, of such stockholder for such year or years as computed before application of the credit provided by this section and before any credits for withholding or estimated tax payments."
Senator Holley of the 22nd moves to amend HB 162 as follows:
By striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. The provisions of this Act shall become effective immediately upon its approval by the Governor or upon its becom ing law without his approval and (a) shall apply to all taxable years beginning on and after January 1, 1969, and (b) may apply to all taxable years ending on and after January 1, 1969. Taxpayers whose taxable years ended on or after January I, 1969, and who are required to have already filed an income tax return with the State of Georgia prior to the effective date of this Act, may elect to file within 90 days from the effective date of this Act, an amended income tax return with the State of Georgia incorporating therein the provisions of this Act."
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.
On the passage of HB 162, the Committee of the Whole Senate offered the following amendment:
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1079
Amend HB 162 by adding to Section 4 designated as Code Section 92-3106 (1) the following sentence:
"For single individuals with taxable income of over $6300.00 an additional credit of $12.00."
On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.
The Committee of the Whole Senate offered the following amendment:
Amend HB 162 as follows: by striking Paragraph 7 of Section 5 in its entirety and inserting in lieu thereof a new paragraph 7 to read as follows:
"Paragraph 7. Any gain on 337 shall be recognized and added back but to the extent that a corporation incurs a Georgia income tax liability by reason of gains realized in a sale or sales which qualify as being exempt from federal income taxation under section 337 of the Internal Revenue Code, such Georgia income tax liability so attributable to such gains shall be allowed as a credit against the Georgia income tax liability of each common stockholder of such corporation in an amount which bears the same ratio to such Geor gia income tax liability as the liquidation distribution received or receivable by such common stockholder bears to the liquidation distribution received or receivable by all common stockholders. Such credit shall be allowable only in the taxable year or years of each stockholder in which such liquidation distribution is received and shall be limited to the amount of Georgia income tax liability, if any, of such stockholder for such year or years as computed be fore application of the credit provided by this section and before any credits for withholding or estimated tax payments."
On the adoption of the amendment, the ayes were 46, nays 1, and the amend ment was adopted.
The report of the Committee of the Whole Senate, which was favorable to the passage of the bill as amended, was agreed to.
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:
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Those voting in the affirmative were Senators:
Andrews Broun of 46th Brown of 47th Carter Chapman
Coggin Cox Doss
Garrard Gillis Hardy Hensley Hill
Holley Holloway Jackson Johnson Kennedy Kidd Maclntyre McGill Miller Padgett Plunkett
Riley Rowan
Scott Smith of 18th Smith of 34th Spinks Starr Trippe Vann Walling Ward Webb Young Zipperer
Those voting in the negative were Senators:
Abney Adams of 26th Bateman Dean
Hudgins
London Noble Pennington Reeder
Reynolds
Searcey Smalley Stephens Tysinger
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 38, nays 14.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Holley of the 22nd moved that HB 162 be immediately transmitted to the House.
On the motion, the ayes were 38, nays 0, and the motion prevailed.
The following reports of standing committees were read by the secretary:
Senator Fincher of the 54th District, Chairman of the Committee on Tem perance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 262. Do pass. Respectfully submitted, Fincher of 54th District, Chairman.
TUESDAY, MARCH 11, 1969
1081
Senator Holloway of the 12th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor has had under consideration the following bill and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 226. Do pass.
SR 82. Do pass.
Respectfully submitted,
Holloway of 12th District,
Chairman.
Senator Pincher of the 51st District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 674. Do pass. Respectfully submitted, Fincher of 51st District, Chairman.
Senator Fincher of the 51st District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 234. Do pass. Respectfully submitted, Fincher of 51st District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
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JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following1 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 5.
SR 76.
SR 80.
Respectfully submitted,
Eldridge of the 7th District,
Chairman.
Senator Plunkett of the 30th asked unanimous consent that the Journal showthat the Senate remained in session until 6:50 P.M.
The consent was granted.
Senator Maclntyre of the 40th moved that the Senate now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
WEDNESDAY, MARCH 12, 1969
1083
Senate Chamber, Atlanta, Georgia, Wednesday, March 12, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Riley of the 1st 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 Coggin of the 35th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Peter Sotus, and as the nurse of the day, Mrs. Bobbie Norwood.
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 569. By Messrs. Dorminy and Hudson of the 48th: A bill to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled "An Act to amend an Act to incorporate the
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JOURNAL OF THE SENATE,
City of Fitzgerald and establishing the new charter therefor . . .", relating to territorial limits; and for other purposes .
HB 612. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend, consolidate and supersede the several Acts of the Gen eral Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner; to provide a new charter therefor; and for other purposes.
HB 808. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Sheriff, Clerk of the Superior Court and Ordinary of Gwinnett County; and for other purposes.
HB 809. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 811. By Mr. Collins of the 62nd:
A bill to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell . . .", so as to change the compensation paid the Commissioner of Roads and Reve nues of Mitchell County; and for other purposes.
HB 816. By Messrs. Bowen and Rainey of the 47th, Hudson and Dorminy of the 48th:
A bill to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, so as to change the com pensation of said court reporter; and for other purposes.
HB 818. By Mr. Jordan of the 55th:
A bill to amend an Act establishing the City Court of Douglas, so as to change the name of said court; and for other purposes.
HB 819. By Messrs. Higginbotham, Davis, Ployd and Westlake of the 75th, Morris and Bell of the 73rd, Dean of the 76th, Collins and Geisinger of the 72nd, Thomason and Levitas of the 77th:
A bill to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority vote of the members of said govern ing authority; and for other purposes.
WEDNESDAY, MARCH 12, 1969
1085
HB 820. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Atkinson County, known as the fee system; and for other purposes.
HB 821. By Mr. Pafford of the 64th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County, so as to change the compensation of the sheriff; and for other purposes.
HB 822. By Mr. Pafford of the 64th:
A bill to create the City of Pear son Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; and for other purposes.
HB 823. By Mr. Pafford of the 64th:
A bill to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the salary of the sheriff and his deputy and for other purposes.
HB 824. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lanier County, known as the fee system; and for other purposes.
HB 825. By Mr. Pafford of the 64th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier (now Board of Commissioners of Lanier County), so as to change the compensation of said commis sioners; and for other purposes.
HB 826. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act creating a Board of County Commissioners for the County of Polk, so as to provide for regular meetings of the Board; and for other purposes.
HB 827. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, so as to pro-
1086
JOURNAL OF THE SENATE,
vide for an additional motor vehicle for use by the sheriff of said county; and for other purposes.
HB 828. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating a Board of Commissioners of Laurens County, so as to change the compensation of the commissioners; and for other purposes.
HB 829. By Messrs. Cato and Conger of the 68th:
A bill to amend an Act creating the City Court of Bainbridge, so as to change the name of said court to the Civil and Criminal Court of Decatur County; and for other purposes.
HB 830. By Messrs. Cato and Conger of the 68th:
A bill to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.
HB 834. By Messrs. Dorminy and Hudson of the 48th:
A bill to create a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for the keeping of records relative thereto, and to define the duties of county commissioners relative thereto; and for other purposes.
HB 835. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act incorporating the City of Hartwell, so as tochange the term of office of the mayor; and for other purposes.
HB 836. By Mr. Pafford of the 64th: A bill to amend an Act creating the Office of Commissioner of Roads and Revenues in the County of Atkinson (now Atkinson County Com mission), so as to change the compensation of the said commissioners; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 117. By Senator Kennedy of the 4th:
A bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees and compensa tion now allowed by law, so as to change the amount of said monthly allowance; and for other purposes.
WEDNESDAY, MARCH 12, 1969
1087
SB 154. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the City Court of Claxton, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 199. By Senator Kennedy of the 4th: A bill to amend an Act establishing the City Court of Claxton, as amended, so as to change the compensation of the judge of said court; to provide an effective date; and for other purposes.
SB 213. By Senator Kidd of the 25th: A bill to amend an Act creating a board of county commissioners of Baldwin County, as amended, so as to change the compensation which may be paid to said county commissioners; to repeal conflicting laws; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 225. By Mr. Vaughn of the 74th:
A resolution compensating Mrs. Eleanor Francis; and for other pur poses.
HR 229. By Mr. Harris of the 77th:
A resolution compensating Mr. J. L. Blackstock; and for other pur poses.
HR 230. By Mr. Burruss of the 117th: A resolution compensating Mrs. Betty Smith; and for other purposes.
HR 232. By Mr. Brooks of the 17th:
A resolution compensating Mrs. Hollis Carrington; and for other pur poses.
HR 233. By Mr. Brooks of the 17th: A resolution compensating Mr. J. M. Akins; and for other purposes.
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JOURNAL OF THE SENATE,
HR 235. By Mr. Paris of the 14th: A resolution compensating1 Donald L. Wall; and for other purposes.
HR 236. By Mr. Lane of the 44th: A resolution compensating Mr. John R. Lanier; and for other purposes.
The House has passed by the requisite constitutional majority the followingresolution of the House, to-wit:
HR 274. By Mr. Hadaway of the 27th:
A resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports to the Judges of the Superior Court of Jones County, Georgia; and for other purposes.
The House has disagreed to the Senate amendments to the following bills of the House, to-wit:
HB 207. By Messrs. Conner of the 56th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.
WEDNESDAY, MARCH 12, 1969
1089
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
HR 266. By Messrs. Shanahan of the 8th and Ross of the 26th:
A resolution declaring certain property of the State surplus, authorizing the State Properties Control Commission to sell such property; and for other purposes.
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The following message was received from the House through Mr. Ellard,
the Clerk thereof:
,
, : Jj
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 107. By Mrs. Merritt of the 46th and Mr. Adams of the 100th:
A bill to amend Chapter 74-4 of the Code of Georgia, relating to adop tion, so as to provide that it shall be unlawful for the parent of any child to advertise that he or she will sell or part with said child, or in any manner become party to the separation of the said child except through the provisions of this Chapter; and for other purposes.
The following bills and resolution were introduced, read the first time, and referred to committees:
SB 267. By Senator McGill of the 24th:
A bill to create and establish a Small Claims Court in and for Wilkes County; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
SB 268. By Senator Rowan of the 8th:
A bill to amend an Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists, approved Feb. 21, 1951, so as to change the definition of the practice of applied psychology; and for other purposes.
Referred to Committee on Health and Welfare.
SR 111. By Senators Spinks of the 9th and Young of the 13th:
A resolution providing for a new State song; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
The following bills and resolutions were read the first time and referred to committees:
HB 569. By Messrs. Dorminy and Hudson of the 48th: A bill to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled "An Act to amend an Act to incor porate the City of Fitzgerald and establishing the new charter there for . . .", relating to territorial limits; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 612. By Messrs. Dorminy and Hudson of the 48th: A bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner; to provide a new charter therefor; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 808. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Sheriff, Clerk of the Superior Court and Ordinary of Gwinnett County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 809. By Messrs, Mason and Nash of the 13th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner
!
WEDNESDAY, MARCH 12, 1969
1091
so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 811. By Mr. Marcus of the 62nd:
A bill to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell. . . .", so as to change the compensation to be paid the Commissioner of Roads and Revenues of Mitchell County; and for other purposes.
Referred to Committee on County and Urban Affairs,
HB 816. By Messrs. Bowen and Rainey of the 47th, Hudson and Dorminy of the 48th:
A bill to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, so as to change the com pensation of said court reporter; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 818. By Mr. Jordan of the 55th:
A bill to amend an Act establishing the City Court of Douglas, so as to change the name of said court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 819. By Messrs. Higginbotham, Davis, Floyd of the 75th and others:
A bill to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority vote of the members of said govern ing authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 820. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Atkinson County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 821. By Mr. Pafford of the 64th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County, so as to change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
HB 822. By Mr. Pafford of the 64th:
A bill to create the City of Pearson Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 823. By Mr. Pafford of the 64th:
A bill to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the salary of the sheriff and his deputy; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 824. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lanier County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 825. By Mr. Pafford of the 64th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier (now Board of Commissioners of Lanier County), so as to change the compensation of said commis sioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 826. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act creating a Board of County Commissioners for the County of Polk, so as to provide for regular meetings of the Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 827. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, so as to provide for an additional motor vehicle for use by the sheriff of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
WEDNESDAY, MARCH 12, 1969
1093
HB 828. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating a Board of Commissioners of Laurens County, so as to change the compensation of the commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 829. By Messrs. Cato and Conger of the 68th:
A bill to amend an Act creating the City Court of Bainbridge, so as to change the name of said court to the Civil and Criminal Court of Decatur County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 830. By Messrs. Cato and Conger of the 68th:
A bill to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 834. By Messrs. Dorminy and Hudson of the 48th: A bill creating a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for the keeping of records relative thereto, and to define the duties of county commissioners relative thereto; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 835. By Messrs. Milford and Mauldin of the 12th: A bill to amend an Act incorporating the City of Hartwell, so as to change the term of office of the mayor; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 836. By Mr. Pafford of the 64th:
A bill to amend an Act creating the Office of Commissioner of Roads and Revenues in the County of Atkinson (now Atkinson County Com mission), so as to change the compensation of the said commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 225. By Mr. Vaughn of the 74th:
A resolution compensating Mrs. Eleanor Francis; and for other pur poses.
Referred to Committee on Appropriations.
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JOURNAL OF THE SENATE,
HR 229. By Mr. Harris of the 77th:
A resolution compensating Mr. J. L. Blackstock; and for other pur poses.
Referred to Committee on Appropriations.
HR 230. By Mr. Burruss of the 117th: A resolution compensating Mrs. Betty Smith; and for other purposes.
Referred to Committee on Appropriations.
HR 232. By Mr. Brooks of the 17th:
A resolution compensating Mrs. Hollis Carrington; and for other pur poses.
Referred to Committee on Appropriations.
HR 233. By Mr. Brooks of the 17th: A resolution compensating Mr. J. M. Akins; and for other purposes.
Referred to Committee on Appropriations.
HR 235. By Mr. Paris of the 14th: A resolution compensating Donald L. Wall; and for other purposes.
Referred to Committee on Appropriations.
HR 236. By Mr. Lane of the 44th: A resolution compensating Mr. John R. Lanier; and for other purposes.
Referred to Committee on Appropriations.
HR 274. By Mr. Hadaway of the 27th: A resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Ap peals Reports to the Judges of the Superior Court of Jones County, Georgia; and for other purposes.
Referred to Committee on Judiciary.
HB 107. By Mrs. Merritt of the 46th and Mr. Adams of the 100th: A bill to amend Chapter 74-4 of the Code of Georgia, relating to adop tion, so as to provide that it shall be unlawful for the parent of any
WEDNESDAY, MARCH 12, 1969
1095
child to advertise that he or she will sell or part with the said child, or in any manner become party to the separation of the said child except through the provisions of this chapter; and for other purposes.
Referred to Committee on Judiciary.
HR 266. By Messrs. Shanahan of the 8th and Ross of the 26th:
A resolution declaring certain property of the State Surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
The following bills and resolutions were read the second time:
SB 258. By Senator London of the 50th:
A bill to abolish the present mode of compensating the ordinary of White County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 259. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to create a Board of Commis sioners of Fannin County to consist of a Chairman and two other members; to repeal conflicting laws; and for other purposes.
SB 260. By Senators London of the 50th and Andrews of the 49th:
A bill to amend an Act creating the North Georgia Mountains Au thority, so as to declare said Authority to be a political subdivision of the State; to repeal conflicting laws; and for other purposes.
SB 261. By Senators Andrews of the 49th and London of the 50th:
A bill to amend an Act promoting and regulating the poultry industry, so as to change the method of registration for hatchery operators and dealers; to repeal conflicting laws; and for other purposes.
SB 262. By Senator Pennington of the 45th:
A bill to provide that it shall be unlawful to possess more than 576 fluid ounces of malt beverages in counties in which the sale of such malt beverages is not permitted; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
SB 263. By Senators Tysinger of the 41st, Johnson of the 38th, Walling of the 42nd and others:
A bill to create the Institute for Research in Bio-Technology; to repeal conflicting laws; and for other purposes.
SB 264. By Senator Ward of the 39th:
A bill to create the Georgia Human Development Commission; to pro vide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
SB 265. By Senator Kidd of the 25th:
A bill to authorize the head of any department or agency of state government to declare any property within his department or agency to be surplus; to repeal conflicting laws; and for other purposes.
SB 266. By Senator Maclntyre of the 40th:
A bill to amend an Act creating the Georgia Commission on the Arts, approved April 10, 1968, so as to change the provisions relating to the expenses of the members of said Commission; to repeal conflicting laws; and for other purposes.
SR 108. By Senators Reeder of the 55th, Trippe of the 31st, Vann of the 10th and others:
A resolution authorizing the cancellation and exchange of certain ease ments held by the State Highway Department acquired in conjunction with Georgia Highway Project F 010-2 (10) formerly FAP 449-C; and for other purposes.
HB 428. By Messrs. Matthews of the 53rd and Hudson of the 48th:
A bill to be known as the "Dead Animal Disposal Act"; to provide for the disposition of dead animals and parts thereof; and for other pur poses.
HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to reorganize said Chapter into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.
WEDNESDAY, MARCH 12, 1969
1097
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and others:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Commodi ties Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.
HB 655. By Messrs. Lane of the 44th, Hargrett of the 58th, Holder of the 49th and others:
A bill to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, so as to add to the titles of those practicing medicine "D. 0." and "Doctor of Osteopathy"; and for other purposes.
HB 717. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimi nal Code, so as to provide that Code Section 26-3102 shall not affect a sentence when the case is tried without a jury or when the judge ac cepts a plea of guilty; and for other purposes.
HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th and others:
A bill to provide that it shall be unlawful for any person, firm or cor poration to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endurance unless the facility shall be so constructed that it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.
1098
JOURNAL OF THE SENATE,
HB 799. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, so as to change the corporate limits of said city; and for other purposes.
HB 801. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act incorporating the City of Royston, so as to abolish the Mayor's Court and to create and establish in lieu thereof a Recorder's Court; and for other purposes.
HB 802. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act incorporating the City of Royston, so as to authorize the mayor and council to employ a city manager; and for other purposes.
HB 806. By Messrs. Lane of the 101st, Hill of the 97th, Felton of the 95th and others:
A bill to amend an Act establishing a new charter for the City of East Point in Pulton County, relating to the duties of the Local Advisory Board; and for other purposes.
HB 810. By Messrs. Pinkston, Knapp, Keen of the 81st and others:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to provide that the commissioners of Bibb County shall fix their own compensation; and for other purposes.
HR 204. By Mr. Caldwell of the 39th:
A resolution proposing an amendment to the Constitution so as to pro vide that all property held by and belonging to non-profit corporations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services, shall be exempt from all ad valorem taxation; and for other purposes.
HR 251. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th and others:
A resolution creating the Georgia Commission for the National Bicen tennial Celebration; and for other purposes.
HR 264. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
A resolution approving the Governor's plan for communications and creating the State Communications Committee; and for other purposes.
WEDNESDAY, MARCH 12, 1969
1099
The following report of a standing committee was read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 255. Do pass.
HB 130. Do pass by substitute. HB 193. Do pass by substitute. HB 469. Do pass. HB 518. Do pass. HB 523. Do pass. HB 553. Do pass. HB 554. Do pass. HB 595. Do pass. HB 621. Do pass. HB 642. Do pass as amended. HB 645. Do pass. HB 646. Do pass. HB 701. Do pass. HB 704. Do pass. HB 723. Do pass. HB 724. Do pass. HB 725. Do pass. HB 726. Do pass. HB 727. Do pass. HB 728. Do pass. HB 729. Do pass. HB 730. Do pass. HB 731. Do pass. HB 737. Do pass. HB 739. Do pass.
1100
JOURNAL OF THE SENATE,
HB 740. Do pass. HB 741. Do pass. HB 742. Do pass. HB 743. Do pass. HB 748. Do pass as amended. HB 749. Do pass. HB 750. Do pass as amended. HB 751. Do pass. HB 752. Do pass. HB 753. Do pass. HB 754. Do pass. HB 755. Do pass. HB 758. Do pass. HB 790. Do pass. HB 792. Do pass. HB 794. Do pass. HB 795. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
The following resolution was read and adopted:
SR 110. By Senators Hensley of the 33rd, Abney of the 53rd, Chapman of the 32nd, Doss of the 52nd, Trippe of the 31st, Fincher of the 54th and Fincher of the 51st:
A resolution designating March 18, 1969, as "Seventh District Legisla tive Association Day"; and for other purposes.
Scripture reading and prayer were offered by Dr. W. W. Williamson, pastor, Peachtree Presbyterian Church, Atlanta, Georgia.
Senator Coggin of the 35th asked unanimous consent that the roll call be dispensed with.
The consent was granted.
WEDNESDAY, MARCH 12, 1969
1101
The following general bill and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SR 82. By Senator Dean of the 6th:
A resolution requesting the Commissioner of Labor of Georgia to pro mulgate specific rules covering safety standards for industrial workers who are exposed to formaldehyde fumes and vapors; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 96. By Senators Bateman of the 27th, Garrard of the 37th, Adams of the 26th and London of the BOth:
A resolution relative to a Bill-of-Rights for older Georgians; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 121. By Mr. Vaughn of the 74th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.
The Committee on Highways offered the following substitute:
A BILL
To be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, so as to provide for annual permits on overheight vehicles; to provide for indemnity bonds or proof of insurance protection as a condition precedent to the issu-
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JOURNAL OF THE SENATE,
ance of such permits; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
An Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, is hereby amended by inserting at the end of subparagraph (c) of subsection (d) of Section 1 the following:
"(d) Overheight ..._......_-_._................._.....__._-_-...-_-_...._...._......._..$25.00
[but not to exceed the height of fourteen (14) feet and six (6) inches] on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00, said bond or insurance pro tection conditioned for payment to the Highway Department to be held in trust for the benefit of the owners of bridges and appur
tenances thereto, traffic signals, signs or other highway structures damaged by a vehicle operating under authority of such overheight annual permit, the liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negli gence or fault on the part of the permitee, his agents, or operators.",
so that when so amended subsection (d) of Section 1 shall read as follows:
"(4) Twelve (12) month permit on heavy equipment;
(a) Overweight ____.._...._.__...._____.._-.-_-.............._-.___.$50.00 (b) Overlength .___..............._.....___.____......._.................._______$25.0a (c) 0verwidth -..._-_..-___..._..___..._..._._.__._._._--._--_..___$25.00 (d) Overheight -........-____--....-.-.--...._-..__...__.____-_..--.--...__$25.00
[but not to exceed the height of fourteen (14) feet and six (6) inches] on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00, said bond or insurance protec tion conditioned for payment to the Highway Department to be held in trust for the benefit of the owners of bridges and appur tenances thereto, traffic signals, signs or other highway structures damaged by a vehicle operating under authority of such Overheight annual permit, the liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permitee, his agents, or operators."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
WEDNESDAY, MARCH 12, 1969
1103
On the adoption of the substitute, the ayes were 31, nays 2, and the substi tute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 31, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution was read and adopted:
SR 112. By Senator Andrews of the 49th:
A resolution commending Miss Stephanie Lynn Watkins; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Plunkett of the 30th District, Chairman of the Committee on Ap propriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 29. Do pass as amended. SB 246. Do pass. HB 142. Do pass. HB 352. Do pass. HB 557. Do pass. HR 84. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.
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Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
HB 289. Do pass.
SR 84. Do pass by substitute.
SB 194. Do pass.
SB 222. Do pass.
SB 245. Do pass.
Respectfully submitted, Holley of 22nd District,
Chairman.
Senator Fincher of the 54th District, Chairman of the Committee on Tem perance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 134. Do pass by substitute.
HB 61. Do pass as amended.
Respectfully submitted, Fincher of 54th District,
Chairman.
Senator Rowan of the 8th District, Chairman of the Committee on Institutions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1. Do pass by substitute.
Respectfully submitted, Rowan of 8th District, Chairman.
WEDNESDAY, MARCH 12, 1969
1105
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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 550. Do pass.
Respectfully submitted,
Kidd of 25th District,
Chairman.
The following bill of the House was taken up for the purpose of consider ing House action thereto:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
Senator Holley of the 22nd moved that the Senate insist on its amendments to HB 104.
On the motion, the ayes were 34, nays 1, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.
Senator Holley of the 22nd moved that the Senate insist on its amendments to HB 162.
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On the motion, the ayes were 34, nays 1, and the motion prevailed.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 81. By Messrs. Vaughn of the T4th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th and Wood of the llth and others:
A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 92-1403 of the Geor gia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law," as amended, particularly by an Act ap proved February 28, 1966 (Ga. Laws 1966, p. 61), so as to provide for an increase in the motor fuel excise tax; to provide for the rate of re fund of State tax paid upon motor fuel used exclusively in aircraft motors for aviation purposes; to provide for an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 92-1403 of the Georgia Code of 1933, re lating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 61), is hereby amended by striking from Para graph (A) (1) of Code Section 92-1403 of the "Motor Fuel Tax Law", as amended, and of the Georgia Code of 1933, as amended, the figure "6%" and inserting in lieu thereof the figure "8", so that Paragraph (A) (1) of Code Section 92-1403 when so amended shall read as follows:
"(A) Levy of the Taxes. An excise tax is hereby imposed on all distributors of motor fuel as follows:
(1) Upon the sale or use of motor fuel by them within this State at the rate of 8 cents per gallon."
Section 2. Said Act is further amended by striking from the first paragraph of subsection (K) the words:
WEDNESDAY, MARCH 12, 1969
1107
"shall he entitled to a refund not to exceed five and one-half cents per gallon of the State tax paid on such motor fuel",
and inserting in lieu thereof the words:
"shall be entitled to a refund of all of the State tax on such gasoline except one cent per gallon",
so that when so amended said first paragraph shall read as follows:
"(K) Any dealer, who shall sell motor fuel of such quality that it is not adapted for use in ordinary motor vehicles but is designated for and used exclusively in aircraft motors for aviation purposes, no part of which motor fuel is used in any vehicle or equipment driven or operated upon the public roads, streets, or highways of this State, shall be entitled to a refund of all of the State tax on such gasoline except one cent per gallon subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assign able and any assignment thereof shall be utterly void and of no effect. Nor shall any payment thereof be made by the Treasurer of the State to any person other than the original person entitled thereto using motor fuel as hereinabove set forth in the subsec
tion."
Section 3. The effective date of this Act shall be June 1, 1969.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Garrard of the 37th offered the following amendment to HB 81:
Amend HB 81 by changing subsection (1) under subsection (A)1 of Section 1 to read 7% instead of 8.
On the adoption of the amendment, the ayes were 18, nays 25, and the amend ment was lost.
Senators Fincher of the 51st and McGill of the 24th offered the following amendment to HB 81:
Amend HB 81 as follows:
By inserting in the title immediately before the phrase, "to re peal conflicting laws;" the following:
"to provide that Federal excise taxes on motor fuels and State excise taxes on motor fuels shall not be included in determining the
1108
JOURNAL OF THE SENATE,
liability for the payment of the tax imposed by the Act known as the 'Georgia Retailers' and Consumers' Sales and Use Tax Act', as now or hereafter amended;".
By renumbering Sections 4 and 5 as Sections 5 and 6, respectively, and by adding a new Section 4 to read as follows:
"Section 4. Any other laws to the contrary notwithstanding, in determining the liability for the payment of the tax imposed by an Act known as the 'Georgia Retailers' and Consumers' Sales and Use Tax Act' approved February 20, 1951 (Ga. Laws 1951, p. 360) as now or hereafter amended, upon the sale of motor fuel, there shall be excluded all Federal and State excise taxes which are imposed upon the sale of motor fuel by the provisions of Section 4081 of the Internal Revenue Code of 1954 and Code Chapter 92-14 of the Code of Georgia, respectively."
On the adoption of the amendment, the ayes were 41, nays 8, and the amend ment was adopted.
Senator Vann of the 10th offered the following amendment to the committee substitute to HB 81:
Amend Committee Substitute to HB 81 by striking from the 7th line of Section 1 the figure "8" and inserting in lieu thereof the figure "8%"; and by striking from the second line of Sec. 1 "A" (1) the figure "8" and inserting in lieu thereof the figure "8%".
On the adoption of the amendment to the committee substitute, the ayes were 3, nays 40, and the amendment was lost.
Senator Garrard of the 37th offered the following amendment to the com mittee substitute:
Amend committee substitute to HB 81 by changing subsection (1) under subsection (A) of Section 1 to read "7%" instead of "8".
On the adoption of the amendment to the committee substitute, the ayes were 11, nays 32, and the amendment was lost.
Senator Maclntyre of the 40th offered the following amendment to the committee substitute:
Amend Committee Substitute for HB 81 as follows:
WEDNESDAY, MARCH 12, 1969
By renumbering the present Sections 3 and 4 as Sections 4 and 5 respectively and by adding a new Section 3 to read as follows:
"Section 3. Said Code Section is further amended by adding at the end thereof a new subsection to be known as subsection (L) to read as follows:
"(L) Counties and incorporated municipalities, and all school districts of the State of Georgia (including independent school sys tems) purchasing motor fuel and kerosene and using said motor fuel and kerosene exclusively in the operation of vehicles, ma chinery or equipment owned by said governmental units and au thorities shall be entitled to a refund of all the State tax collected on such motor fuel and kerosene by the State Revenue Department, less an amount of such tax equal to one cent per gallon, subject to the procedures and conditions set forth in subsection (I) of this. Code Section. 'Person' as used in subsection (I) in connection with this subsection shall mean counties, municipalities and school dis tricts of the State of Georgia (including independent school sys tems)."
and by inserting in the title immediately before the phrase "to repeal conflicting laws;" the following:
"to provide for refund of motor vehicle fuel tax to certain, governmental units and public authorities; to provide for the pro cedure in connection with such refunds;"
On the adoption of the amendment to the committee substitute, Senator Searcey of the 2nd 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:
Andrews Bateman Dean Fincher of 51st Garrard Hardy Hudgins Jackson Johnson
London Maclntyre Miller Plunkett Reeder Rowan Searcey Smalley Smith of 34th
Spinks Stephens Tysinger Walling Ward Webb Young
Those voting in the negative were Senators:
Abney Adams of 26th
Broun of 46th Brown of 47th
Carter Chapman
Coggin Cox
Doss Fincher of 54th
Gillis Hensley
1110
Hill Holley Holloway Kennedy Kidd McGill
JOURNAL OF THE SENATE,
Noble Padgett Pennington Reynolds Riley Scott
Smith of 18th Starr Trippe Vann Zipperer
The roll call was verified.
On the adoption of the amendment to the committee substitute, the ayes were 25, nays 29, and the amendment was lost.
Senator Walling of the 42nd moved that the Senate reconsider its action on the amendment of Senator Maclntyre of the 40th to the committee substitute to HB 81.
On the motion to reconsider, the ayes were 16, nays 27, and the motion was lost.
Senator Walling of the 42nd moved that the Senate reconsider its action on the amendment of Senator Fincher of the 51st and Senator McGill of the 24th to HB 81.
On the motion, the ayes were 15, nays 21, and the motion was lost.
Senator Fincher of the 51st and McGill of the 24th offered the following amendment to the committee substitute to HB 81:
Amend committee substitute to HB 81 as follows:
By inserting in the title immediately before the phrase, "to repeal conflicting laws;" the following:
"to provide that Federal excise taxes on motor fuels and State excise taxes on motor fuels shall not be included in determining the liability for the payment of the tax imposed by the Act known as the 'Georgia Retailers' and Consumers' Sales and Use Tax Act', as now or hereafter amended;".
By renumbering Sections 4 and 5 as Sections 5 and 6, respectively, and by adding a new Section 4 to read as follows:
"Section 4. Any other laws to the contrary notwithstanding, in determining the liability for the payment of the tax imposed
WEDNESDAY, MARCH 12, 1969
1111
by an Act known as the 'Georgia Retailers' and Consumers' Sales and Use Tax Act' approved February 20, 1951 (Ga. Laws 1951, p. 360) as now or hereafter amended, upon the sale of motor fuel, there shall be excluded all Federal and State excise taxes which are imposed upon the sale of motor fuel by the provisions of Sec tion 4081 of the Internal Revenue Code of 1954 and Code Chapter 92-14 of the Code of Georgia, respectively."
On the adoption of the amendment, Senator Fincher of the 51st called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Cox Dean Doss Fincher of 51st Fincher of 54th Hensley
Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Miller McGill Noble Pennington Plunkett
Reeder Reynolds Riley Scott Searcey Smalley Spinks Starr Tysinger Vann
Webb Young Zipperer
Those voting in the negative were Senators:
Coggin Garrard Gillis Hardy Maclntyre
Padgett Rowan Smith of 18th Smith of 34th Stephens
Trippe Walling Ward
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment to the committee substitute, the ayes were 41, nays 13, and the amendment was adopted.
On the adoption of the committee substitute, as amended, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.
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A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 26th Bateman Brown Carter Chapman Coggin Cox Doss
Fincher of 54th Gillis
Hensley Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Miller Noble
Padgett Pennington Reynolds Riley Scott Smith of 18th Spinks Trippe Vann Young Zipperer
Those voting in the negative were Senators:
Andrews Broun Dean Fincher of 51st Garrard Hardy Hill
Johnson Maclntyre Plunkett Reeder Rowan Searcey Smalley
Smith of 34th Starr Stephens Tysinger Walling Ward Webb
The roll call was verified.
On the adoption of the committee substitute as amended, the ayes were 33, nays 21, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, 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:
Abney Adams of 26th Andrews Bateman Brown Carter
Chapman Coggin Cox Doss Fincher of 51st Fincher of 54th
Gillis Hensley Holley Holloway Hudgins Jackson
WEDNESDAY, MARCH 12, 1969
1113
Kennedy London McGill Miller Noble Padgett Pennington
Plunkett Reeder Reynolds Riley Scott Searcey Smith of 18th
Spinks Trippe Vann Walling Young Zipperer
Those voting in the negative were Senators:
Broun Dean Garrard Hardy Hill
Johnson Maclntyre Rowan Smalley Smith of 34th
Starr Stephens Tysinger Ward Webb
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 38, nays 15.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Padgett of the 23rd moved that HB 81 be immediately transmitted to the House.
On the motion, the ayes were 32, nays 5, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 207. By Messrs. Conner of the 56th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
Senator Noble of the 19th moved that the Senate insist on its position on the amendment to HB 207.
On the motion, the ayes were 31, nays 0, and the motion prevailed.
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The following bill of the House was taken up for the purpose of considering House action thereto:
HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
Senator Noble of the 19th moved that the Senate insist on its amendment to HB 210.
On the motion, the ayes were 31, nays 0, and the motion prevailed.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others: A bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A. W. O. L. cases; and for other purposes.
Senator Smith of the 34th offered the following amendment:
Amend HB 332 by adding to the end of Subsection (c) of quoted Section 32 the following:
"Provided, however, that when so called to such State active duty, members and units may not be deployed to quell riots, insur rection or gross breach of the peace or to maintain order until an emergency has first been declared as provided in Section 7 of this Act or Section 2 of an Act approved February 15, 1957 (Ga. Laws 1957, p. 44)."
On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 2.
WEDNESDAY, MARCH 12, 1969
1115
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 bill of the House, to-wit:
HB 366. By Messrs.*1 Collier of the 54th, Matthews of the 63rd, Holder of the 49th, Hudson of the 48th, Parker of the 46th and others:
A bill to amend Code Chapter 93-3 relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the com mission to consider certain factors when fixing rates of public utilities under its jurisdiction; to provide for appellate review; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 362. By Messrs. Douglas of the 42nd and Hudson of the 48th:
A bill to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307, relating to the protection of buyers of goods; and for other purposes.
HB 697. By Messrs. Williams, Wood and Cooper of the llth, Bohannon of the 20th, Poole of the 10th and Peters of the 2nd:
A bill to amend an Act promoting and regulating the poultry industry, so as to change the method of registration for hatchery operators and dealers; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 785. By Mr. Matthews of the 63rd:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the expenditure of certain funds for school lunch purposes; and for other purposes.
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The following bills were read the first time and referred to committees:
HB 362. By Messrs. Douglas of the 42nd and Hudson of the 48th:
A bill to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307, relating to the protection of buyers of goods; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 366. By Messrs. Collier of the 54th, Matthews of the 63rd, Holder of the 49th and others:
A bill to amend Code Chapter 93-3 relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the commis sion to consider certain factors when fixing rates of public utilities under its jurisdiction; to provide for appellate review; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 697. By Messrs. Williams, Wood and Cooper of the llth, Bohannon of the 20th, Poole of the 10th and Peters of the 2nd:
A bill to amend an Act promoting and regulating the poultry industry, so as to change the method of registration for hatchery operators and dealers; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 785. By Messrs. Matthews of the 63rd:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the expenditure of certain funds for school lunch purposes; and for other purposes.
Referred to Committee on Educational Matters.
The following general resolution, favorably reported by the committee, was read the third time, and put upon its passage:
SR. 43. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the procedure for overriding a veto by the Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
WEDNESDAY, MARCH 12, 1969
1117
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article V, Section I, Paragraph XV of the Constitution is hereby amended by striking Paragraph XV in its entirety and in serting in lieu thereof a new Paragraph XV to read as follows:
"Paragraph XV. Bills and Resolutions; Governor's Approval or Veto, (a) All bills, and all resolutions intended to have the effect of law, which have been passed by the General Assembly, shall be presented to the Governor.
(b) The Governor may approve or veto any such bill or resolu tion within five days, excluding Sundays, after it has been presented to him unless the General Assembly shall adjourn before the expi ration of said five days, in which event the Governor shall have thirty days, excluding Sundays, from the date of adjournment in which to approve or veto the same. In the event the Governor ap proves any such bill or resolution, the same shall become law. In the event the Governor vetoes any such bill or resolution, the same shall not become law unless such veto is overridden by a vote of twothirds of the members elected to the House of Representatives and and a vote of two-thirds of the members elected to the Senate.
(c) Whenever any such bill or resolution is vetoed by the Gov ernor, it shall be his duty to transmit the same to the presiding of ficer of the house in which it originated together with his reasons for such veto. If the General Assembly is in session at the time, such transmission shall be made within six days, excluding Satur days and Sundays, from the date of presentation to the Governor. Upon being received by the presiding officer of such house, and upon a motion being adopted before adjournment, such bill or resolution shall be considered immediately for the purpose of overriding the veto. In the event the General Assembly shall have adjourned with in such time, such transmission shall be made within thirty-five days, excluding Sundays, from the date of the adjournment of the session of the General Assembly at which such bill or resolution was passed. The General Assembly shall reconvene on the first Monday following the thirty-fifth day, excluding Sundays, after adjourn ment for the purpose of considering any bill and resolutions vetoed by the Governor. Upon a motion being adopted by the house in which the vetoed bill or resolution originated, such bill or resolution shall be considered for the purpose of overriding the veto. In the event such house votes to override the veto, the bill or resolution shall be immediately transmitted to the other house. Upon receiving such bill or resolution, it shall be the duty of the presiding officer of such
other house to consider such bill or resolution for the purpose of overriding the veto. In the event such veto is overridden by such house, such bill or resolution shall become law.
(d) If any such bill or resolution is not approved or vetoed by the Governor within five days, excluding Sundays, after it has been presented to him, the same shall become law unless the General Assembly adjourns within said five days, in which event the Gov-
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ernor shall have thirty days, excluding Sundays, after the date of adjournment to approve or veto such bill or resolution, and if not approved or vetoed within said thirty days, the same shall become law.
(e) The Governor may approve any appropriation and veto any other appropriation in the same bill and the latter shall not become law unless such veto is overridden as provided herein.
(f) The Governor shall not have the power to veto any pro posal by the General Assembly to amend this Constitution."
Section 2. The above proposed amendment to the Constitution 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 havewritten or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to change the NO ( ) procedure for overriding a veto by the Governor?"
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 Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the procedure for overriding bills and resolutions vetoed by the Governor; 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 V, Section I, Paragraph XV of the Constitution is hereby amended by striking Paragraph XV in its entirety and insert ing in lieu thereof a new Paragraph XV to read as follows:
"Paragraph XV. Approval, Veto, Override of Veto, and Effec tive Date of Bills and Resolutions, (a) All bills and all resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails
WEDNESDAY, MARCH 12, 1969
1119
to veto the same within 10 days from the date of passage unless the General Assembly adjourns sine die prior to the expiration of said 10 days.
(b) In the case of such adjournment sine die prior to the ex piration of said 10 days from the date of passage of a bill or resolu tion, the same shall become law if approved or not vetoed by the Governor within 30 days from the date of such adjournment.
(c) The Governor shall have the duty to transmit any bill or resolution vetoed by him, together with his reasons for such veto, to the presiding officer of the house wherein it originated within 2 days, excluding Saturdays and Sundays, from the date of veto if the General Assembly is in session and within 35 days from the date of adjournment sine die of the General Assembly if adjourned prior to the expiration of said 2 days.
(d) Upon motion adopted by such house after receipt of such vetoed bill or resolution before adjournment, such bill or resolution shall be immediately considered for the purpose of overriding the veto. The General Assembly may reconvene on the first Monday following the 35th day after adjournment sine die upon the joint call of the President of the Senate and the Speaker of the House of Representatives for the purpose of considering any bills and resolu tions vetoed by the Governor and transmitted to the proper presid ing officer after adjournment sine die. If the presiding officers of the Senate and House of Representatives elect not to reconvene the General Assembly for the purpose of considering any bills and
resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die, such vetoed bills and resolutions shall be considered within the first 10 days of the follow ing session of the General Assembly upon a motion being adopted by the house in which the vetoed bill or resolution originated, and such bill or resolution shall be considered immediately for the pur pose of overriding the veto.
(e) If two-thirds of the members elected to such house vote to override the veto of the Governor on any bill or resolution, the same shall be immediately transmitted to the other house wherein such bill or resolution shall be immediately considered for the pur pose of overriding such veto. Upon the vote to override the veto by two-thirds of the members elected to such other house, such bill or resolution shall become law. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.
(f) The Governor may approve any appropriation and veto any other appropriation in the same bill and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.
(g) The Governor shall not have power to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution.
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(h) The General Assembly shall provide by law for the deter mination of the effective date of any bill or resolution approved by the Governor or becoming law without his approval."
Section 2. The above proposed amendment to the Constitution 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 ( ) Shall the Constitution be amended so as to change the NO ( ) procedure for overriding bills and resolutions vetoed
by the Governor?"
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.
Senator Webb of the llth offered the following amendment to the committee substitute:
Amend committee substitute to SR 43 by adding to the end of subparagraph (a) of Paragraph XV of Section 1 of the substitute the fol lowing sentence:
"Each resolution or bill shall be transmitted to the Governor on the day of its passage by the General Assembly."
On the adoption of the amendment to the committee substitute, the ayes were 36, nays 0, and the amendment was adopted.
Senator Coggin of the 35th offered the following amendment to the committee substitute:
Amend the committee substitute to SR 43 by striking the figure "10" where same appears in Section 1, sub-sections (a) and (b) and inserting in lieu thereof the figure "15".
On the adoption of the amendment to the committee substitute, the ayes were 23, nays 6, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of theresolution by substitute, was agreed to as amended.
WEDNESDAY, MARCH 12, 1969
1121
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Padgett Pennington Plunkett Reeder
Reynolds Rowan Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 50, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and in dividuals; and for other purposes.
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JOURNAL OF THE SENATE,
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Jones of the 59th, Paris of the 14th, and Wamble of the 69th.
The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Melton of the 32nd, Murphy of the 19th, and Lambert of the 25th.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 453. By Mr. Ware of the 30th:
A bill to provide for the licensing and regulation of the business of insurance premium financing; and for other purposes.
Senator Fincher of the 54th moved that the following bill of the House be recommitted to the Committee on Health and Welfare:
HB 31. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of ap plicants for renewal licenses at educational programs prior to the re newal of licenses to practice veterinary medicine; and for other purposes.
On the motion, the ayes were 28, nays 3, and the motion prevailed.
The following general bill, favorably reported by the committee, was read the third time and put upon its passage:
WEDNESDAY, MARCH 12, 1969
1123
SB 72. By Senator Smalley of the 28th:
A bill to revise, classify, consolidate, and supersede the present laws relating to the procedure in the courts of Georgia in all criminal pro ceedings and to establish new laws relating thereto; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following amendment:
By striking from Section 27-104 the word "described" and substi tuting in lieu thereof the word "defined".
By striking in its entirety Section 27-502 and substituting in lieu thereof the following:
"27-502. QUESTIONING SUSPECTS.
A peace officer may stop any person abroad whom he has ade quate reasonable ground to suspect is committing, has committed or is about to commit a crime, and may demand of him his name, address, business abroad and whither he is going. Any person so stopped and questioned shall be released unless arrested and charged with a crime."
By striking in its entirety Section 27-505 and substituting in lieu thereof the following:
"27-505. CONTENTS OF AFFIDAVIT.
The sworn to or affirmed affidavit made for the purpose of obtaining an arrest warrant shall as nearly as practicable name or describe the accused and describe the occurrence which constitutes the crime charged, including the date and place of commission."
By striking in its entirety subsection (c) of Section 27-511 and sub stituting in lieu thereof a new subsection (c) to read as follows:
"(c) When he has received authoritative information that another officer holds a warrant for the arrest;"
By striking in its entirety Section 27-514 and substituting in lieu thereof a new Section 27-514 to read as follows:
"27-514. DUTIES OF PEACE OFFICERS AFTER ARREST.
A person under arrest shall be taken before a magistrate in the county where the crime was alleged to have been committed without unnecessary delay and within 24 hours after the arrest; provided, however, that when the arrest occurs on a Saturday, Sunday, or more than 50 miles from the county where the crime was alleged to have been committed, an additional necessary time not to exceed
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24 hours shall be allowed before taking the arrested person before the appropriate magistrate. The arresting officer shall enter upon the warrant, the time, date and place of the arrest."
By striking the caption of Section 27-516 and substituting in lieu thereof the following:
"RIGHT OF PEACE OFFICER FORCIBLY TO ENTER BUILD ING OR PROPERTY TO ARREST."
By striking in its entirety Section 27-707 and substituting in lieu thereof the following:
"27-707. WAIVER OF HEARING.
The accused may waive a commitment hearing and, if he does, the magistrate shall hold him to answer and shall either commit him to custody or admit him to bail as provided in this Code; pro vided, however, the accused shall nevertheless be entitled to a com mitment hearing if he so requests at any time prior to indictment. A memorandum of waiver of a commitment hearing shall be entered on the warrant or complaint. If it appears, after hearing the testi mony, that there is not probable cause to believe the accused guilty of any crime, the magistrate shall discharge him."
By striking from Section 27-709 the word "capital".
By striking from Section 27-713 the words "to be held for trial", wherever they shall appear, and substituting in lieu thereof the words "to answer".
By striking from Section 27-714 the word "capital".
By striking in its entirety subsection (a) of Section 27-901 and sub stituting in lieu thereof the following:
"(a) A felony shall be prosecuted by indictment unless the defendant, after having been advised by the court of the nature of the charge and of his right to be indicated by a grand jury, and after consultation with counsel, in writing waives prosecution by indictment. If indictment is waived, the defendant may be prosecuted by accusation. An accusation may be filed without leave of the
court."
By striking in its entirety Section 27-1013.
By renumbering Section 27-1012 as Section 27-1013.
By renumbering Section 27-1011 as Section 27-1012.
By inserting following Section 27-1010 a new Section 27-1011 to read as follows:
WEDNESDAY, MARCH 12, 1969
1125
"27-1011. CASH BONDS.
(a) Any party, defendant, litigant, accused, or other person required or permitted by law to give or post bond (or bail) as
surety or secured for the happening of any event or act, and in all matters civil or criminal, may discharge such requirement by de
positing cash in the amount of the bond so required with the appro priate person, official or other depository.
(b) Any official or other person receiving any such bond shall give a receipt therefor and shall cause the fact of the receipt to be entered and recorded on the docket of the case in which it was given. If bond is given in a matter not appearing as a. separate court case on a docket, a docket shall be prepared, maintained and kept of all such transactions and the name and address of the person giving or making the said bond, the date of the receipt of the said bond, the name of the person receiving the bond, the amount of the bond, and a description of the cause for giving the bond together with any and all other information desirable concerning the said bond shall be a part of the record in that separate docket."
By adding, following Section 27-1013, a new Section to be numbered Section 27-1014 and to read as follows:
"27-1014. RELEASE ON RECOGNIZANCE.
(a) The judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this State shall have authority, in his sound discretion and in ap propriate cases, to authorize the release of such person upon his own recognizance only.
(b) Upon failure of such person to appear for trial, and if not otherwise conditioned by the court, the court may summarily issue an order for his arrest which shall be enforced as in cases of forfeited bonds."
By striking in its entirety subsection (c) of Section 27-1405 and sub stituting in lieu thereof a new subsection (c) to read as follows:
"(c) On trial, no recorded testimony or written or recorded statement of the defendant and no evidence relating to an incrim inating oral statement supported to have been made by the de fendant, which has not been furnished to defendant, shall be received in evidence."
By inserting in the last sentence of Section 27-1406, between the words "the" and "admissibility", the words "voluntariness and", so that when so amended the last sentence of Section 27-1406 shall read as follows:
"The issue of the voluntariness and admissibility of a state ment shall be decided by the court but, if it is admitted in evidence
1126
JOURNAL OF THE SENATE,
during the trial, the circumstances surrounding its making may be submitted to the jury as bearing upon its credibility or the weight to be given to it."
By inserting in Section 27-1408, between the word "defendant" and
"may", as they appear in the first sentence thereof the words "or his counsel".
By striking in its entirety Section 27-1506 and substituting in lieu thereof the following:
"27-1506. JURY'S VERDICT.
When a defendant is tried by a jury, the jury shall give a gen eral verdict of 'guilty' or 'not guilty' as to each count, and the sentence shall be determined in accordance with the provisions of Code Section 27-1701."
By striking in its entirety Section 27-1701 and substituting in lieu thereof the following:
"27-1701. SENTENCING.
(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 convicted, or stand as if convicted, of the crime involved, and the judge shall sentence the defendant for such crime subject to the following procedures and limitations.
In such case, the judge shall order a pre-sentence hearing which shall be held in open court. In such hearing, the judge, subject to the laws of evidence relating to competency of witnesses and admissibility of testimony, shall hear and receive additional evidence in extenuation and mitigation, as well as in aggravation of punish ment, including the record of any prior criminal convictions, pleas of guilty or nolo contendere of the defendant, properly certified or authenticated, or the absence of any such prior criminal record; provided, however, that only such evidence in aggravation as the State has furnished to the defendant prior to his pleading shall be admissible. The judge also shall hear argument by the defendant or his counsel and the district attorney regarding the punishment to be imposed.
Upon conclusion of the evidence and argument, the judge shall impose such punishment as he deems appropriate, within the limits prescribed by law. Provided, however, the court shall not sentence a defendant to death without a trial by jury.
(b) When a jury is trying a felony case they shall, under proper instruction from the court, retire to consider a verdict of "guilty" or "not guilty" without any consideration of punishment.
WEDNESDAY, MARCH 12, 1969
1127
Where the jury returns a verdict of guilty, the court shall resume the trial and conduct a pre-sentence hearing at which the only issue shall be the determination of punishment to be imposed. In such hearing, subject to the laws of evidence relating to the competency of witnesses and the admissibility of testimony, the jury shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions, pleas of guilty or nolo contendere of the defendant, properly certi fied or authenticated, or the absence of any such prior criminal re cord; provided, however, that only such evidence in aggravation as the State has furnished to the defendant prior to his pleading shall be admissible. The jury also shall hear argument by the defendant or his counsel and the district attorney regarding 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. The jury shall fix a sentence within the limits prescribed by law. The judge shall impose the sentence fixed by the jury. If the jury cannot, within a reasonable time, agree on the punishment, the judge shall declare a mistrial and the trial of the defendant on the issue of guilt or innocence, as well as the pre-sentence hearing shall be a nullity.
(c) A person found guilty of a misdemeanor shall have his sentence determined by the judge. In determining such sentence, the judge may consider evidence in extenuation, mitigation, or aggrava tion of punishment; provided, however, no evidence which would be inadmissible under subsection (a) of this Section shall be considered
by the judge."
By adding at the end of Section 27-1704, immediately before the ". ", the following:
", unless the jury shall recommend a reduction in the punishment in accordance with Code Section 26-3101."
By striking in its entirety Section 27-1802 and substituting in lieu thereof the following:
"27-1802. PRONOUNCEMENT OF SENTENCE AND RENDI TION OP JUDGMENT.
The sentence shall be pronounced and the judgment rendered in open court. If the verdict or finding is 'not guilty', judgment shall be rendered immediately and the defendant shall be discharged from custody or from the obligations of his bail bond. If the verdict or finding is 'guilty', sentence shall be determined in accordance with the provisions of Code Section 27-1701 and judgment shall be rendered within a reasonable time."
By striking from the title of said bill the following:
"Chapter 27-5, arrest, providing for what constitutes arrest, the questioning and detaining of suspects by peace officers including the length of such detention,",
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and substituting in lieu thereof the following:
"Chapter 27-5, arrest, providing for what constitutes arrest, the questioning of suspects by peace officers,".
By inserting in said title between the words "forfeiture" and "cash" the words "cash bonds,", (next to the last line on page 4).
By striking from the title thereof:
"sentencing for conviction of second or subsequent felonies and the determination of said sentencing and", (middle of page 7)
Senator Andrews of the 49th offered the following amendment to the com mittee amendment to SB 72:
Amend SB 72 by taking from the committee amendment Section 27-1701 b.
On the adoption of the amendment to the committee amendment, the ayes were 7, nays 23, and the amendment was lost.
On the adoption of the committee amendment the ayes were 34, nays 3, and the committee amendment was adopted.
Senator Vann of the 10th offered the following amendment:
Amend SB 72 by striking from Section 4 the date "July 1, 1969" and inserting in lieu thereof the date "April 1, 1970".
On the adoption of the amendment, the ayes were 18, nays 15, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
WEDNESDAY, MARCH 12, 1969
1129
The following reports of standing committees were read by the secretary:
Senator Andrews of the 49th District, Chairman of the Committee on Edu cational matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 168. Do pass. HB 176. Do pass. HB 271. Do pass as amended.
Respectfully submitted, Andrews of 49th District, Chairman.
Senator Broun of the 46th District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under considera tion 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 433. Do pass. Respectfully submitted, Broun of 46th District, Chairman.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
Senator Holley of the 22nd moved that the Senate adhere to the Senate amendments to HB 104 and that a Committee of Conference be appointed.
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JOURNAL OF THE SENATE,
On the motion, the ayes were 31, nays 1, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Holloway of the 12th, Padgett of the 23rd and Smith of the 18th.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.
Senator Holley of the 22nd moved that the Senate adhere to its amendments to HB 162, and that a Committee of Conference be appointed.
On the motion, the ayes were 30, 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, Plunkett of the 30th and Coggin of the 35th.
The following communication was received from His Excellency, Governor Lester Maddox:
Honorable George T. Smith Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia
March 12, 1969
Gentlemen:
I submit herewith to your Honorable Body for confirmation the following appointments:
WEDNESDAY, MARCH 12, 1969
1131
Honorable Frank L. Forrester of Thomas County as a member of the State Board of Accountancy for a term beginning December 19, 1968, and ending June 30, 1972.
Honorable James R. Champlin of Clarke County as a member of the State Commission on Aging for a term beginning July 15, 1968, and ending July 1, 1972.
Honorable Searcy S. Garrison of Fulton County as a member of the State Commission on Aging for a term beginning July IB, 1968, and ending July 1, 1972.
Honorable Calvin Stovall of Habersham County as a member of the State Commission on Aging for a term beginning July 15, 1968, and ending July 1, 1972.
Honorable C. R. Yates of Fulton County, as a member of the State Commission on Aging for a term beginning July 15, 1968, and ending July 1, 1972.
Honorable V. C. Leathers of DeKalb County as a member of the State Commission on Aging for a term beginning September 19, 1968, and ending July 1, 1970.
Honorable James C. Dunaway of DeKalb County as a member of the State Commission on Aging for a term beginning September 19, 1968, and ending July 1, 1970.
Honorable Alton Fendley of Clay County as a member of the Area Planning and Development Advisory Committee for a term beginning April 17, 1968, and serving at the pleasure of the Governor.
Mrs. B. D. Adams of Fulton County as a member of Nominating Panel to the Georgia Commission on the Arts for a term beginning November 20, 1968, and serving at the pleasure of the Governor.
Honorable Lamar Dodd of Clarke County as a member of the Nominating Panel to the Georgia Commission on the Arts for a term beginning November 20, 1968, and serving at the pleasure of the Governor.
Honorable Edward S. Shorter of Muscogee County as a member of the Nominating Panel to the Georgia Commission on the Arts for a term beginning November 20, 1968, and serving at the pleasure of the Governor.
Honorable Wyndell Taylor of Muscogee County as a member of the Georgia Art Commission for a term beginning October 31, 1968, and ending December 31, 1971.
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JOURNAL OF THE SENATE,
Mrs. Alex Wainer of Lowndes County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1970.
Honorable Harry Pfiffner of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1970.
Dr. Gerhard Magnus of Clarke County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1970.
Honorable George Beiswanger of DeKalb County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1971.
Mrs. Roy Courington of Chatham County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1971.
Mrs. Lawton Davis of Habersham County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1971.
Honorable Joseph S. Perrin of DeKalb County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1972.
Honorable Travis Rhodes of Whitfield County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1972.
Honorable Gudmund Vigetl of Pulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1972.
Honorable Charles Counts of Dade County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1973.
Honorable Lamar Dodd, of Clarke County, as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1973.
Honorable James H. Pinch of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1973.
Honorable Robert Shaw of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1974.
WEDNESDAY, MARCH 12, 1969
1133
Honorable Leland Staven of DeKalb County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1974.
Honorable Wyndell L, Taylor of Muscogee County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1974.
Honorable H. J. Gofer, Jr. of Glynn County as a member of the Atlantic States Marine Fisheries Commission for a term beginning June 20, 1968, and ending May 18, 1971.
Honorable Donald Wade of Bacon County as a member of the Georgia State Board of Barbers for a term beginning July 29, 1968, and ending May 13, 1969.
Mrs. H. Sol Clark of Chatham County as a member of the State Board for Children and Youth for a term beginning March 15, 1968, and ending July 1, 1969.
Reverend Guy K. Hutcherson of Dougherty County as a member of the State Board for Children and Youth for a term beginning June 13, 1968, and ending July 1, 1971.
Reverend G. Othell Hand of Muscogee County as a member of the State Board for Children and Youth for a term beginning August 7, 1968, and ending July 1, 1971.
Honorable Roy P. Otwell, Sr. of Forsyth County as a member of the State Board for Children and Youth for a term beginning February 6, 1969, and ending July 1, 1973.
Dr. D. M. Livingston of Polk County as a member of the Georgia Board of Chiropractic Examiners for a term beginning August 20, 1968, and ending August 20, 1971.
Dr. Hoyt B. Duke of Richmond County as a member of the Georgia Board of Chiropractic Examiners for a term beginning October 3, 1968, and ending September 8, 1971.
Honorable Lee Arrendale of Habersham County as a member of the State Board of Corrections for a term beginning July 3, 1968, and ending November 27, 1972.
Honorable E. B. Register of Tattnall County as a member of the State Board of Corrections for a term beginning December 4, 1968, and ending November 27, 1973.
Honorable Clifford 0. Cottingham of Fulton County as a member of the Georgia State Board of Cosmetology for a term beginning July 29, 1968, and ending May 1, 1971.
1134
JOURNAL OF THE SENATE,
Mrs. Ruth Reddy of Lowndes County as a member of the Georgia State Board of Cosmetology for a term beginning July 29, 1968, and ending May 1, 1971.
Dr. W. G. Brown of Pierce County as a member of the Board of Dental Examiners of Georgia for a term beginning August 16, 1968, and ending August 1, 1973.
Dr. E. Wayne Satterfield of Clarke County as a member of the Board of Dental Examiners of Georgia for a term beginning March 15, 1969, and ending March 15, 1974.
Dr. Fred E. Beall of Bibb County as a member of the Board of Dental Examiners of Georgia for a term beginning March 15, 1969, and ending March 15, 1974.
Honorable Jack B. Ray of Warren County as a member of the Georgia Development Authority for a term beginning July 9, 1968, and ending July 1, 1976.
Honorable John D. Comer of Bibb County as a member of the Higher Education Facilities Commission for a term beginning October 31, 1968, and serving at the pleasure of the Governor.
Honorable Waights G. Henry of Troup County as a member of the Higher Education Facilities Commission for a term beginning Decem ber 4, 1968, and serving at the pleasure of the Governor.
Honorable Joseph A. Whittle of Glynn County as a member of the Georgia Educational Improvement Council for a term beginning July 3, 1968, and ending July 1, 1972.
Honorable Braswell Dean of Bacon County as a member of the State Election Board for a term beginning May 8, 1968, and ending May 8, 1970.
Honorable S. Jarvin Levison of Fulton County as a member of the State Election Board for a term beginning May 8, 1968, and ending May 8, 1970.
Honorable John L. Hutson of Cobb County as a member of the State Election Board for a term beginning February 13, 1969, and ending May 8, 1970.
Honorable John Pierce Blanchard of Columbia County as a member of the Board of Review, Employment Security Agency, for a term beginning April 1, 1968, and ending November 14, 1970.
Honorable Frank A. Constangy of Fulton County as a member of the Board of Review, Employment Security Agency, for a term begin ning November 14, 1968, and ending November 14, 1974.
WEDNESDAY, MARCH 12, 1969
1135
Honorable Morris L. Shadburn of DeKalb County as a member of the Board of Registration for Professional Engineers and Land Surveyors for a term beginning June 1, 1968, and ending June 1, 1973.
Honorable C. S. (Bo) Coogler of Elbert County as a member of the State Board of Family and Children Services for a term beginning May 23, 1968, and serving concurrent with the term of the Governor.
Honorable Hoyle R. Yandle of Toombs County as a member of the State Board of Family and Children Services for a term beginning May 23, 1968, and serrving concurrent with the term of the Governor.
Honorable John Reginald Davis of Fulton County as a member of the Food Service Advisory Council for a term beginning December 9, 1968, and ending July 1, 1969.
Honorable Gordon Hall of Emanuel County as a member of the Georgia Forest Research Council for a term beginning October 2, 1968, and ending January 1, 1969.
Dr. H. I. Conner of Toombs County as a member of the Georgia Forest Research Council for a term beginning January 30, 1969, and ending January 1, 1978.
Honorable Eley C. Frazer of Dougherty County as a member of the State Board of Registration for Foresters for a term beginning December 18, 1968, and ending March 19, 1973.
Honorable Walter George Beasley of Franklin County as a mem ber of the State Forestry Commission for a term beginning February 28, 1969, and ending January 1, 1976.
Honorable Clifford M. Clarke of DeKalb County as a member of the Forward Georgia Commission for a term beginning November 20, 1968, and serving at the pleasure of the Governor.
Honorable Mills B. Lane of Fulton County as a member of the Forward Georgia Commission for a term beginning November 20, 1968, and serving at the pleasure of the Governor.
Honorable E..Y. Chapin, III, of Walker County as a member of the Forward Georgia Commission for a term beginning November 20, 1968, and serving at the pleasure of the Governor.
Honorable M. Larry Hancock of Sumter County as a member of the Georgia State Board of Funeral Service for a term beginning July 29, 1968, and ending February 13, 1974.
Dr. Wesley A. Carr of Richmond County as a member of the Board of Health for a term beginning July 9, 1968, and ending July 1, 1974.
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JOURNAL OF THE SENATE,
Dr. John D. Marshall of Mitchell County as a member of the Board of Health for a term beginning July 9, 1968, and ending July 1, 1974.
Honorable Carl E. Pruett of Spalding County as a member of the Board of Health for a term beginning July 9, 1968, and ending July 1, 1974.
Honorable Bob Wesley Dean of Fulton County as a member of the State Board of Examiners of Warm Air Heating Contractors for a term beginning October 11, 1968, and ending March 29, 1969.
Honorable Wallace Adams of Wheeler County as a member of the Charles H. Henry Foundation for a term beginning February 19, 1969, and ending February 19, 1974.
Honorable J. Auvel Stewart of Thomas County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1972.
Mrs. Marguerite Ewing Schott of Fulton County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1971.
Honorable Alvin D. Phillips, Sr. of Catoosa County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1971.
Reverend Frank Nails of Glynn County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1969.
Honorable Reeder Tucker of Franklin County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1972.
Dr. J. Curtis Lane of Bulloch County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1972.
Honorable Norman D. Burkett of Whitfield County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1972.
Honorable J. L. White, Jr. of Pickens County as a member of the Hospital Advisory Council for a term beginning August 7, 1968, and ending July 1, 1972.
Honorable John K. Wingfield of DeKalb County as a member of the Hospital Advisory Council for a term beginning August 14, 1968, and ending July 1, 1971.
WEDNESDAY, MARCH 12, 1969
1137
Honorable Allan Woodall, Jr. of Muscogee County as a member of the Board of Commissioners of the Department of Industry and Trade for a term beginning August 16, 1968, and ending April 1, 1969.
Honorable C. L. Rhodes, Jr. of Greene County as a member of the Advisory Committee on Interstate Forest Fire Protection Compact for a term beginning October 31, 1968, and ending November 2, 1970.
Honorable Russell Phillips of Gwinnett County as a member of the Lake Lanier Islands Development Authority for a term beginning July 9, 1968, and end May 15, 1972.
Honorable Thomas G. Williams of Oglethorpe County as a member of the Georgia State Board of Landscape Architects for a term begin ning August 29, 1968, and ending April 1, 1972.
Mrs. A. B. Smith of Clayton County as a member of the State Board for the Certification of Librarians for a term beginning Octo ber 11, 1968, and ending December 31, 1972.
Dr. William P. Pirkle of Fulton County as a member of the State Literature Commission for a term beginning June 20, 1968, and ending April 1, 1969.
Dr. Earl A. Mayo of Stewart County as a member of the State Board of Medical Examiners for a term beginning October 31, 1968, and ending September 1, 1972.
Dr. Louis O. J. Manganiello of Richmond County as a member of the State Board of Medical Examiners for a term beginning October 31, 1968, and ending September 1, 1972.
Honorable Lew R. Cooper of White County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1969.
Mrs. Amilee Graves of Habersham County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1970.
Honorable John Bankson of Chattooga County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1971.
Honorable H. M. Stewart of Habersham County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1973.
Honorable Natt Maddox of Stephens County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1974.
1138
JOURNAL OF THE SENATE,
Honorable Gene Addy of Stephens County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1969.
Honorable J. H. Warner, Jr. of White County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1969.
Honorable Leonard M. George of Union County as a member of the North Georgia Mountains Authority for a term beginning April 15, 1968, and ending April 4, 1972.
Honorable L. Edd Travis of Hall County as a member of the North Georgia Mountains Authority for a term beginning July 9, 1968, and ending April 4, 1969.
Honorable Lew R. Cooper of White County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1969.
Mrs. Amilee Graves of Habersham County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1970.
Honorable John Bankson of Chattooga County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1971.
Honorable H. M. Stewart of Habersham County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1973.
Honorable Natt Maddox of Stephens County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1974.
Honorable Gene Addy of Stephens County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1969.
Honorable J. H. Warner, Jr. of White County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1969.
Honorable Leonard M. George of Union County as a member of the North Georgia Mountains Commission for a term beginning April 15, 1968, and ending April 4, 1972.
Honorable L. Edd Travis of Hall County as a member of the North Georgia Mountains Commission for a term beginning July 9, 1968, and ending April 4, 1969.
WEDNESDAY, MARCH 12, 1969
1139'
Mrs. Doris Bates of Chatham County as a member of the Board of Examiners of Nurses for Georgia for a term beginning January 6, 1969, and ending September 23, 1971.
Mrs. Mary M. Wright of Baldwin County as a member of the Board of Examiners of Practical Nurses of Georgia for a term begin ning October 31, 1968, and ending April 1, 1969.
Dr. Arthur G. Hansen of Fulton County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning Octo ber 31, 1968, and end March 2, 1969.
Honorable William Jennings Murphy of Richmond County as a member of the State Board of Dispensing Opticians for a term begin ning April 18, 1968, and ending March 16, 1972.
Honorable Robert Donald Caldwell of Bibb County as a member of the State Board of Dispensing Opticians for a term beginning April 29, 1968, and ending March 16, 1972.
Dr. W. R. Gilbert of Spalding County as a member of the Georgia State Board of Examiners in Optometry for a term beginning Septem ber 25, 1968, and ending September 6, 1971.
Dr. H. D. Hardwick of Tift County as a member of the Georgia State Board of Examiners in Optometry for a term beginning Septem ber 25, 1968, and ending September 6, 1971.
Dr. Evan P. Davis of Columbia County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning November 20, 1968, and ending September 10, 1970.
Dr. A. R. Haight of DeKalb County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning November 20, 1968, and ending September 10, 1970.
Dr. Hassie H. Trimble, Jr. of Colquitt County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning November 20, 1968, and ending September 10, 1971.
Honorable L. R. Turpen, Jr. of Habersham County as a member of the Georgia State Board of Pharmacy for a term beginning Novem ber 1, 1968, and ending November 1, 1973.
Honorable George McCluskey of Muscogee County as a member of the Board of Physical Therapy for a term beginning November 20, 1968, and ending August 30, 1971.
Dr. A. R. Pitts, Jr. of Lowndes County as a member of the State Board of Podiatry Examiners for a term beginning November 20, 1968, and ending May 5, 1971.
1140
JOURNAL OF THE SENATE,
Major B. G. Ragsdale of Fulton County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1969.
Honorable James E. Barnett of Fulton County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1970.
Major S. W. Brown of Muscogee County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1971.
Honorable W. A. Robinson of DeKalb County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1972.
Honorable Arthur L. Culver of Fulton County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1973.
Lt. H. A. Poole of Fulton County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1974.
Honorable R. E. Hamilton of Whitfield County as a member of the Georgia Ports Authority for a term beginning April 4, 1968, and ending June 30, 1971.
Honorable Robert C. Norman of Richmond County as a member of the Georgia Ports Authority for a term beginning July 1, 1968, and ending June 30, 1972.
Dr. Warren G. Findley of Clarke County as a member of the State Board of Examiners of Psychologists for a term beginning October 31, 1968, and ending March 27, 1971.
Dr. John R. McLaren of DeKalb County as a member of the Radiation Control Council for a term beginning October 31, 1968, and ending July 1, 1971.
Honorable Anton Huber, II of Colquitt County as a member of the Georgia Recreation Commission for a term beginning August 2, 1968, and ending June 29, 1972.
Honorable Luke R. Rushton, Sr. of Towns County as a member of the Georgia Recreation Commission for a term beginning August 2, 1968, and ending June 29, 1972.
Honorable William R. Tiller of Columbia County as a member of the Georgia Recreation Commission for a term beginning August 2, 1968, and ending June 29, 1972.
WEDNESDAY, MARCH 12, 1969
1141
Honorable Robert K. Brown of Fulton County as a member of the Georgia Recreation Commission for a term beginning August 2, 1968, and ending June 29, 1972.
Honorable James R. Champlin of Clarke County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1969.
Dr. H. Douglas Leavitt of Bulloch County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1970.
Honorable Bruce R. Prosser of Baldwin County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1970.
Honorable Rodney H. Blaylock of Dougherty County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1971.
Honorable Robert K. Brown of Fulton County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1971.
Honorable H. B. Watson of Fulton County as a member of the Board of Recreation Examiners for a term beginning October 3, 1968, and ending April 22, 1971.
Honorable Garnett H. Dehart of Fulton County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning November 21, 1968, and ending April 24, 1971.
Dr. Charles L. Williams of Floyd County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning November 21, 1968, and ending April 24, 1969.
Dr. Arthur G. Hansen of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1971.
Honorable Lloyd E. Frisbee of Cobb County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1970.
Dr. James L. Goddard of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. Fred C. Davison of Clark County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
1142
JOURNAL OF THE SENATE,
Dr. Rhodes Haverty of Pulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Honorable Glen P. Robinson, Jr. of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. James E. Boyd of Carroll County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Honorable Phil Campbell of Oconee County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. Edwin D. Harrison of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. Charles T. Lester of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. A. H. Letton of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Honorable Frank Malone of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. Harry B. O'Rear of Richmond County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. William M. Suttles of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. J. Frank Button of Cobb County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974.
Dr. Thomas D. Jarrett of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning January 8, 1969, and ending April 1, 1971.
Honorable J. Mac Barber of Jackson County as a member of the Georgia Science and Technology Commission for a term beginning January 8, 1969, and ending April 1, 1972.
WEDNESDAY, MARCH 12, 1969
1143
Honorable Jim L. Gillis, Jr. of Treutlen County as a member of the State Soil and Water Conservation Committee for a term beginning February 3, 1969, and ending January 1, 1973.
Honorable Lamar Franklin of Cobb County as a member of the State Soil and Water Conservation Committee for a term beginning February 3, 1969, and ending January 1, 1973.
Honorable C. M. Higginbotham of Franklin County as a member of the State Soil and Water Conservation Committee for a term be ginning February 3, 1969, and ending January 1, 1973.
Honorable Fred Statham of Sumter County as a member of the State Soil and Water Conservation Committee for a term beginning February 3, 1969, and ending January 1, 1973.
Honorable David Kistner of Gwinnett County as a member of the State Soil and Water Conservation Committee for a term beginning February 3, 1969, and ending January 1, 1973.
Honorable Chappelle Matthews of Clarke County as a member of the Board of Control for Southern Regional Education, for a term beginning September 10, 1968, and ending June 30, 1972.
Dr. Lane Mitchell of Fulton County as a member of the Stone Mountain Memorial Association for a term beginning February 25, 1969, and ending February 24, 1972.
Dr. Lane Mitchell of Fulton County as a member of the Stone Mountain Memorial Committee for a term beginning February 25, 1969, and ending February 24, 1972.
Honorable R. W. Weaver of Wilkinson County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1969.
Honorable Stanley T. Smith of Thomas County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1969.
Honorable John W. Hale of Clayton County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1969.
Honorable Jack A. Crockford of DeKalb County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1970.
Honorable R. S. Howard, Jr. of Fulton County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1970.
1144
JOURNAL OF THE SENATE,
Honorable Cecil W. Chapman of Clarke County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1971.
Honorable Sanford P. Darby of Bibb County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1971.
Honorable W. R. Daniel of Thomas County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1972.
Honorable Paul P. Thiele of Washington County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1972.
Honorable A. Ray Shirley of Bibb County as a member of the Surface Mined Land Use Board for a term beginning August 22, 1968, and ending April 12, 1971.
Honorable Jesse H. Auvil of Fulton County as a member of the Surface Mined Land Use Board for a term beginning September 23, 1968, and ending April 12, 1969.
Honorable Lamar Franklin of Cobb County as a member of the Surface Mined Land Use Board for a term beginning November 19, 1968, and ending April 12, 1971.
Honorable Glenn McCullough of Cobb County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Fred Zapico of Glynn County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gover-
Honorable M. 0. Ryan of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gover nor.
Honorable Eric Holmes of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term, beginning September 6, 1968, and serving at the pleasure of the Gover nor,
Honorable Ed England of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
WEDNESDAY, MARCH 12, 1969
1145
Honorable Alvin Davis of Jackson County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Listen Elkins of Ware County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Mrs. Mozelle Christian of Pulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Steve Styron of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Jack Hardy of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Richard C. Borden of Gordon County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Ford Spinks of Tift County as a member of the Gover nor's Advisory Commission on Travel Development for a term begin ning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Clack Tucker of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the
Governor.
Honorable George Evoy of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the
Governor.
Honorable Frank Allcorn of Meriwether County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the
Governor.
Honorable Horace Caldwell of Glynn County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the
Governor.
1146
JOURNAL OF THE SENATE,
Honorable W. B. Fry of Lumpkin County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable John Culver of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Ovid Davis of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Osgood Willis of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a terra beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Millard Beckum of Richmond County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable William Dawson of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Honorable Carl Vann of Muscogee County as a member of the Governor's Advisory Commission on Travel Development for a term, beginning September 6, 1968, and serving at the pleasure of the
Governor.
Honorable Walter Vickers of Chatham County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Governor.
Mrs. Grace Watkins of Fulton County as a member of the Gover nor's Advisory Commission on Travel Development for a term beginning: September 6, 1968, and serving at the pleasure of the Governor.
Honorable Bob Hannah of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the
Governor.
Honorable Duncan Gillis of DeKalb County as a member of the Governor's Advisory Commission on Travel Development for a term beginning October 3, 1968, and serving at the pleasure of the Governor.
WEDNESDAY, MARCH 12, 1969
1147
Honorable Paul E. Bunch of Chatham County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1970.
Honorable Harry Crews of Dougherty County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1971.
Honorable T. Mack Day of Muscogee County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1971.
Honorable I. Bashinski, Jr. of Fulton County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1972.
Honorable William E. Clark of Fulton County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1969.
Honorable James F. Smith of Bibb County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1973.
Honorable L. F. (Johnny) Pye of Whitfield County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1972.
Honorable Woodrow W. Floyd of Glynn County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1969.
Honorable C. H. Andrews, Jr. of Richmond County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1970.
Honorable L. O. (Pete) Henson of Hall County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1973.
Dr. M. E. Nunnery of Richmond County as a member of the Board of Veterinary Medicine for a term beginning September 19, 1968, and ending September 16, 1973.
Honorable Millard A. Beckum, Sr. of Richmond County as a mem ber of the State Water Quality Control Board for a term beginning September 26, 1968, and ending July 1, 1972.
Honorable Hugh Logan of Clarke County as a member of the State Water Quality Control Board for a term beginning October 3, 1968, and ending July 1, 1972.
1148
JOURNAL OF THE SENATE,
Honorable Jack V. Dorsey of DeKalb County as a member of the State Board of Workmen's Compensation for a term beginning January 21, 1969, and ending January 12, 1972.
Dr. A. P. Jones of Spalding County as a member of the Workmen's Compensation Medical Board for a term beginning April 17, 1968, and ending March 30, 1970.
Dr. John T. Godwin of Fulton County as a member of the Work men's Compensation Medical Board for a term beginning September 19, 1968, and ending March 30, 1970.
Honorable James R. Golden of Fulton County as a member of the Governor's Traffic Safety Study Committee for a term beginningJune 12, 1968, and serving at the pleasure of the Governor.
Honorable Edmund W. Hughes of Fulton County as a member of the Governor's Traffic Safety Study Committee for a term beginning June 12, 1968, and serving at the pleasure of the Governor.
Honorable Ray Pope of Ware County as a member of the Gover nor's Traffic Safety Study Committee for a term beginning June 12, 1968, and serving at the pleasure of the Governor.
Dr. Fleming L. Jolley of DeKalb County as a member of the Governor's Traffic Safety Study Committee for a term beginning June 12, 1968, and serving at the pleasure of the Governor.
Honorable Norman M. Shipley of Cobb County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969.
Honorable Curtis V. Tillman of DeKalb County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969.
Honorable Edwin S. Kemp of Clayton County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969.
Honorable Robert S. Stubbs of DeKalb County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969.
Honorable Lindsey Cowen of Clarke County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969.
Honorable Glen W. Clark of Bibb County as a member of the Juvenile Court Law Study Commission for a term beginning June 20,, 1968, and ending December 31, 1969.
WEDNESDAY, MARCH 12, 1969
1149
Honorable Joseph Holmes of Polk County as a member of the Georgia Study Commission on Law Enforcement Officer Standards and Education for a term beginning May 13, 1968, and serving at the pleasure of the Governor.
Honorable Arthur K. Bolton of Spalding County as a member of the Commission on State Boundaries for a term beginning January 16, 1969, and serving at the pleasure of the Governor.
Honorable Ben W. Fortson, Jr. of Wilkes County as a member of the Commission on State Boundaries for a term beginning January 16, 1969, and serving at the pleasure of the Governor.
Honorable Robert W. Harrison, Jr. of Glynn County as a member of the Commission on State Boundaries for a term beginning January 16, 1969, and serving at the pleasure of the Governor.
Honorable John E. Mock of Fulton County as a member of the Commission on State Boundaries for a term beginning January 16, 1969, and serving at the pleasure of the Governor.
Honorable F. L. Baker, Jr. of Rome, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Thomas J. Barnette of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Albert Billingslea of Macon, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable William Holmes Borders of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable T. E, Carter of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Clarence H. Collier of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Gary Franklin of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable William James Goldin of Atlanta, Georgia, as a mem ber of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
1150
JOURNAL OF THE SENATE,
Honorable T. Mills Harrison of Swainsboro, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable J. M. Hinton, Jr. of Augusta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Jerry Hunt of Rossville, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Howard Jordan, Jr. of Savannah, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Dillard Munford of Atlanta, Georgia, as a member of" the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Carl A. Standard of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable H. Park Tucker of College Park, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable William H. Turpin of Columbus, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Charles E. Walker of Columbus, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Douglas Weathers of Savannah, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable George V. Werner of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8,. 1968, and ending December 20, 1968.
Honorable James P. Wesberry of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
Honorable Grant Wilmer of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968.
WEDNESDAY, MARCH 12, 1969
1151
Honorable C. Clayton Turner of DeKalb County as State Supervisor of Purchases for a term beginning November 17, 1968, and ending November 17, 1972.
Respectfully submitted, Lester Maddox Governor
Senator Eldridge of the 7th, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 14. SB 38. SB 39. ,SB 44. SB 61. SB 236. SB 237. SB 239. SB 240. SB 241. SB 244.
Respectfully submitted, Eldridge of the 7th District, Chairman.
The following resolution, favorably reported by the committee, was read the "third time, and put upon its passage:
;SR 101. By Senator Kidd of the 25th:
A resolution creating the Uniform Consumer Credit Code Study Com mittee; and for other purposes.
1152
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 37, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Coggin of the 35th moved that the Senate now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
THURSDAY, MARCH 13, 1969
1153
Senate Chamber, Atlanta, Georgia, Thursday, March 13, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Carter of the 14th 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 Carter of the 14th asked unanimous consent that the following be established as order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Clark Robinson, and as the nurse of the day, Miss Diane Campbell.
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 and Senate, to-wit:
1154
JOURNAL OF THE SENATE,
HB 558. By Messrs. Westlake, Floyd, Davis and Higginbotham of the 75th, Coiling and Geisinger of the 72nd, Bell and Morris of the 73rd and Jordan of the 74th:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, so as to change the terms of office of the members of the board of education; and for other purposes.
HB 733. By Messrs. Kreeger, Burruss, Atherton, Wilson, Housley and Henderson of the 117th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; and for other purposes.
HB 798. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, so as to provide that in all counties with populations of not less than 18,050 and not more than 18,300, any county official, officer or employee, who deposits county funds with any bank or trust company shall only deposit said funds in an account which is in the official name of said official, officer or employee and which name shall clearly indicate that the funds in the account are county funds and are for official county use only; and for other purposes.
HB 846. By Messrs. Rowland and Douglas of the 42nd:
A bill to create a Board of County Commissioners of Johnson County, so as to change the method of filling vacancies; to provide for an expense allowance for the chairman and each of the other members of said Board of County Commissioners; and for other purposes.
SB 53. By Senators Ward of the 39th, Maclntyre of the 40th, Johnson of the 38th and others:
A bill to amend an Act approved August 13, 1924, and the several Acts amendatory thereof, providing for a system of pensions and other benefits for members of paid fire departments in cities having a popula tion of more than 150,000; and for other purposes.
SB 77. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta", so as to fix the salaries of the assistant solicitors
THURSDAY, MARCH 13, 1969
1155
general and the first assistant solicitor general of said court; and for other purposes.
SB 78. By Senator Johnson of the 38th:
A bill to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Pulton County, so as to provide that a teacher may be entitled to prior service credit for service rendered to Fulton County or any incorporated municipality located in whole or in part within Fulton County; and for other purposes.
SB 80. By Senator Johnson of the 38th:
A bill to amend an Act approved February 15, 1933 (Ga. L. 1933, p. 212, et seq.), providing for pensions for members of police departments of cities of more than 150,000 in population, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 840. By Mr. Johnson of the 29th:
A bill to create and establish a Small Claims Court in and for Warren County; and for other purposes.
HB 843. By Mr. Jordan of the 55th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.
HB 845. By Mr. Hargrett of the 58th:
A bill to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; and for other purposes.
HB 850. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Dean of the 76th, Davis, Floyd, Westlake and Higginbotham of the 75th, Jordan and Vaughn of the 74th, Farrar, Thomason, Levitas and Harris of the 77th:
A bill to amend an Act creating a Board of Commissioners of DeKalb
1156
JOURNAL OF THE SENATE,
County, so as to change the method of filling vacancies on the Board of Commissioners; and for other purposes.
HB 173. By Messrs. Barber of the 15th and Mauldin of the 12th:
A bill to amend an Act entitled "An Act to establish a retirement sys tem for aged and incapacitated teachers in the State Public School; and other State Supported Schools. . . . ", so as to provide a reduction of the allowance which a member shall receive upon service retirement in the case of the retirement of such member prior to his attainment of the age 62 years; and for other purposes.
HB 190. By Mr. Harris of the 77th:
A bill to provide that the salary of the District Attorney of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasuries of the counties comprising the Stone Mountain Judicial Circuit; and for other purposes.
HB 194. By Messrs. Grahl of the 40th and Barber of the 15th:
A bill establishing a retirement system for teachers in the State public schools, so as to provide that certain members may be placed back into full retirement benefits upon meeting certain requirements; and for other purposes.
HB 195. By Mr. Smith of the 39th:
A bill to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, so as to provide that teachers who have been teaching in both a public school and a private school during the same school year, who have been mem bers of the Teachers' Retirement System, shall be eligible to reestablish membership in said retirement system; and for other purposes.
HB 279. By Messrs. Smith of the 3rd, Cook of the 95th and Gaynor of the 88th:
A bill to provide for the protection of the public health and welfare and to conserve and protect the water resources of the State; and for other purposes.
HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.
THURSDAY, MARCH 13, 1969
115T
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.
The following bills were introduced, read the first time, and referred to committees:
SB 269. By Senator Spinks of the 9th:
A bill to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, approved April 9, 1963, so as to increase the maximum interest rate on bonds and other obligations of the authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 270. By Senator London of the 50th:
A bill to amend an Act placing the Sheriff of Rabun County upon an annual salary, approved April 5, 1965, so as to change the compensa tion of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 271. By Senator Miller of the 43rd:
A bill to regulate the expenditure of public funds by agencies and departments of the State of Georgia for the education of employees thereof, to prescribe residence and employment requirements for such education of State Government employees; and for other purposes.
Referred to Committee on Industry and Labor.
SB 272. By Senator Miller of the 43rd:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the pur pose of suspending driver licenses, approved March 7, 1968, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
Referred to Committee on Highways.
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JOURNAL OF THE SENATE,
SB 273. By Senator Walling of the 42nd:
A bill creating the State Council for the Preservation of Natural Areas, and providing for members, their terms and duties, approved March 10, 1966, so as to provide for administrative supervision of said Council by the State Game and Pish Commission in lieu of the Depart ment of State Parks; to provide an effective date to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 274. By Senator Rowan of the 8th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing ambulance services; to authorize the Department of Public Health to make certain inspections; to provide certain exemptions; to provide for the enforcement of the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.
SB 275. By Senators Smith of the 18th and Andrews of the 49th:
A bill to authorize the State Department of Education and county and independent boards of education to expend State and local funds to teach deaf, hearing-impaired and speech-handicapped children of pre school age; to authorize the State Board of Education to adopt rules and regulations to effectuate the purposes of this Act; to repeal con flicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 276. By Senator Coggin of the 35th:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of driver's licenses, approved March 9, 1937, so as to provide honorary driver's licenses for the spouses of certain disabled veterans; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.
The following bills were read the first time and referred to committees:
HB 173. By Messrs. Barber of the 15th and Mauldin of the 12th:
A bill to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public School; and other State Supported Schools. . . . ", so as to provide a reduction of the allowance which a member shall receive upon service retirement
THURSDAY, MARCH 13, 1969
1159
in the case of the retirement of such member prior to his attainment of the age 62 years; and for other purposes.
Referred to Committee on Retirement.
HB 190. By Mr. Harris of the 77th:
A bill to provide that the salary of the District Attorney of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasuries of the counties comprising the Stone Mountain Judicial Circuit; and for other purposes. Referred to Committee on County and Urban Affairs.
HB 194. By Messrs. Grahl of the 40th and Barber of the 15th: A bill establishing a retirement system for teachers in the State public schools, so as to provide that certain members may be placed back into full retirement benefits upon meeting certain requirements; and for other purposes.
Referred to Committee on Retirement.
HB 195. By Mr. Smith of the 39th:
A bill to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, so as to provide that teachers who have been teaching in both a public school and a private school during the same school years, who have been members of the Teacher's Retirement System, shall be eligible to re establish membership in said retirement system; and for other purposes.
Referred to Committee on Retirement.
HB 279. By Messrs. Smith of the 3rd, Cook of the 95th, and Gaynor of the 88th:
A bill to provide for the protection of the public health and welfare and to conserve and protect the water resources of the State; and for other purposes.
Referred to Committee on Health and Welfare.
HB 453. By Mr. Ware of the 30th:
A bill to provide for the licensing and regulation of the business of insurance premium financing; and for other purposes.
Referred to Committee on Banking and Finance.
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JOURNAL OF THE SENATE,
HB 558. By Messrs. Westlake, Floyd, Davis of the 75th and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, so as to change the terms of office of the members of the board of edu cation; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and supersed ing the laws relating to crimes and the punishment therefore, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.
Referred to Committee on Judiciary.
HB 733. By Messrs. Kreeger, Burruss, Atherton and others of the 117th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 798. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, so as to provide that in all counties with populations of not less than 18,050 and not more than 18,300, any county official, officer or employee, who deposits said county funds with any bank or trust company shall only deposit said funds in an account which is in the official name of said official, officer or employee and which name shall clearly indicate that the funds in the account are county funds and are for official county use only; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 840. By Mr. Johnson of the 29th:
A bill to create and establish a Small Claims Court in and for Warren County; and for other purposes.
Referred to Committee on County and Urban Affairs.
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1161
HB 843. By Mr. Jordan of the 55th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax com missioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 845. By Mr. Hargrett of the 58th:
A bill to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 846. By Messrs. Rowland and Douglas of the 42nd:
A bill to create a Board of County Commissioners of Johnson County, so as to change the method of filling vacancies; to provide for an expense allowance for the chairman and each of the other members of said Board of County Commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 850. By Messrs. Bell and Morris of the 73rd, Collins of the 72nd and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to change the method of filling vacancies on the Board of Commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions were read the second time:
SB 267. By Senator McGill of the 24th:
A bill to create and establish a Small Claims Court in and for Wilkes County; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 268. By Senator Rowan of the 8th:
A bill to amend an Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists, approved Feb. 21, 1951, so as to change the definition of the practice of applied psychology; and for other purposes.
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JOURNAL OF THE SENATE,
SR 111. By Senators Spinks of the 9th and Young of the 13th: A resolution providing for a new State song; and for other purposes.
HB 569. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor. . . . ", relating to territorial limits; and for other purposes.
HB 612. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner; to provide a new charter therefor; and for other purposes.
HB 808. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Sheriff, Clerk of the Superior Court and Ordinary of Gwinnett County; and for other purposes.
HB 809. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act consolidating the offices of Tax Receiver and and Tax Collector of Gwinnett County into the office of Tax Commis sioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 811. By Mr. Marcus of the 62nd:
A bill to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell. . . . ", so as to change the compensation to be paid the Commissioner of Roads and Revenues of Mitchell County; and for other purposes.
HB 816. By Messrs. Bowen and Rainey of the 47th, Hudson and Dorminy of the 48th:
A bill to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, so as to change the compensation of said court reporter; and for other purposes.
THURSDAY, MARCH 13, 1969
1163
HB 818. By Mr. Jordan of the 55th:
A bill to amend an Act establishing the City Court of Douglas, so as to change the name of said court; and for other purposes.
HB 819. By Messrs. Higginbotham, Davis, Floyd of the 75th and others:
A bill to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority vote of the members of said governing authority; and for other purposes.
HB 820. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Atkinson County, known as the fee system; and for other purposes.
HB 821. By Mr. Pafford of the 64th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County, so as to change the compensation of the sheriff; and for other purposes.
HB 822. By Mr. Pafford of the 64th:
A bill to create the City of Pearson Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; and for other purposes.
HB 823. By Mr. Pafford of the 64th:
A bill to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the salary of the sheriff and his deputy; and for other purposes.
HB 824. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lanier County, known as the fee system; and for other purposes.
HB 825. By Mr. Pafford of the 64th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier (now Board of Commissioners of Lanier County), so as to change the compensation of said commis sioners; and for other purposes.
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JOURNAL OF THE SENATE,
HB 826. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act creating a Board of County Commissioners for the County of Polk, so as to provide for regular meetings of the Board; and for other purposes.
HB 827. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, so as to pro vide for an additional motor vehicle for use by the sheriff of said county; and for other purposes.
HB 828. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating a Board of Commissioners of Laurens County, so as to change the compensation of the commissioners; and for other purposes.
HB 829. By Messrs. Cato and Conger of the 68th:
A bill to amend an Act creating the City Court of Bainbridge, so as to change the name of said court to the Civil and Criminal Court of Decatur County; and for other purposes.
HB 830. By Messrs. Cato and Conger of the 68th:
A bill to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.
HB 834. By Messrs. Dorminy and Hudson of the 48th:
A bill creating a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for the keeping of records relative thereto, and to define the duties of county commissioners relative thereto; and for other purposes.
HB 835. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act incorporating the City of Hartwell, so as to change the term of office of the mayor; and for other purposes.
HB 836. By Mr. Pafford of the 64th:
A bill to amend an Act creating the Office of Commissioner of Roads and Revenues in the County of Atkinson (now Atkinson County Com-
THURSDAY, MARCH 13, 1969
1165
mission), so as to change the compensation of the said commissioners; and for other purposes.
HR 225. By Mr. Vaughn of the 74th: A resolution compensating' Mrs. Eleanor Francis; and for other pur poses.
HR 229. By Mr. Harris of the 77th: A resolution compensating Mr. J. L. Blackstock; and for other purposes.
HR 230. By Mr. Burruss of the 117th: A resolution compensating Mrs. Betty Smith; and for other purposes.
HR 232. By Mr. Brooks of the 17th: A resolution compensating Mrs. Hollis Carrington; and for other pur poses.
HR 233. By Mr. Brooks of the 17th: A resolution compensating Mr. J. M. Akins; and for other purposes.
HR 235. By Mr. Paris of the 14th: A resolution compensating Donald L. Wall; and for other purposes.
HR 236. By Mr. Lane of the 44th: A resolution compensating Mr. John R. Lanier; and for other purposes.
HR 274. By Mr. Hadaway of the 27th: A resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports to the Judges of the Superior Court of Jones County, Georgia; and for other purposes.
HB 107. By Mrs. Merritt of the 46th and Mr. Adams of the 100th: A bill to amend Chapter 74-4 of the Code of Georgia, relating to adoption, so as to provide that it shall be unlawful for the parent of any child to advertise that he or she will sell or part with the said child,
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JOURNAL OF THE SENATE,
or in any manner become party to the separation of the said child except through the provisions of this chapter; and for other purposes.
HR 266. By Messrs. Shanahan of the 8th and Ross of the 26th:
A resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.
HB 362. By Messrs. Douglas of the 42nd and Hudson of the 48th:
A bill to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307, relating to the protection of buyers of goods; and for other purposes.
HB 366. By Messrs. Collier of the 54th, Matthews of the 63rd, Holder of the 49th and others:
A bill to amend Code Chapter 93-3 relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the com mission to consider certain factors when fixing rates of public utilities under its jurisdiction; to provide for appellate review; and for other purposes.
HB 697. By Messrs. Williams, Wood and Cooper of the llth, Bohannon of the 20th, Poole of the 10th and Peters of the 2nd:
A bill to amend an Act promoting and regulating the poultry industry, so as to change the method for registration for hatchery operators and dealers; and for other purposes.
HB 785. By Mr. Matthews of the 63rd: A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the expenditure of certain funds for school lunch purposes; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Hensley of the 33rd District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways 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:
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1167
SR 108. Do pass. HB 347. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
Senator Zipperer of the 3rd asked unanimous consent that the roll call be dispensed with.
The consent was granted.
Scripture reading and prayer were offered by the Reverend Alien I. Habersham, pastor, of Maeon, Georgia.
The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 255. By Senator McGill of the 24th:
A bill to amend an Act placing the sheriff, the ordinary and clerk of the superior court of Wilkes County upon an annual salary, approved April 2, 1963, as amended, so as to change the compensation of the clerk of the Superior Court; 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 469. By Messrs. Sherman and DeLong of the 80th, Connell of the 79th and others:
A bill to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of said county; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 518. By Mr. Brooks of the 17th:
A bill to change 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 130. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to supplement the salaries of the judges of the Superior Court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute:
A BILL
To be entitled an Act to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; to provide for the reduction of such supplement under certain conditions; 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. In addition to the salary and contingent expense al lowance payable from State funds, each judge of the superior court of the Clayton Judicial Circuit shall receive a supplement of three
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thousand dollars ($3,000.00) per annum which shall be paid in equal monthly installments from the funds of Clayton County, and the govern ing authority of Clayton County is hereby authorized and directed to pay to each judge the compensation herein provided. Provided, however, the supplement provided herein shall be reduced by any amount in ex cess of twenty-six thousand dollars ($26,000.00) per annum, based on the combined salary, contingent expense allowance and county supplement of such judges, payable from State and county funds.
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
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 48, 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 193. By Mr. Lowrey of the 9th:
A bill providing for supplementing the judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute :
A BILL
To be entitled an Act to provide for a supplement for the judge of the superior court of the Rome Judicial Circuit; to provide for the re duction of such supplement under certain circumstances; to provide for an effective date; to repeal an Act providing for a supplement for the judge of the superior court of the Rome Judicial Circuit, approved Feb ruary 21, 1951 (Ga. Laws 1951, p. 390); to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The judge of the superior court of the Rome Judicial Circuit shall receive a supplemental salary in the amount of two thousand four hundred ($2,400.00) dollars per annum, to be paid from the funds of Floyd County in equal monthly installments. In the event, however, the total compensation and allowances payable from State funds to said judge exceeds the sum of eighteen thousand ($18,000)
dollars per annum, the supplement provided for herein shall be de creased by the amount of such excess.
Section 2. An Act providing for a supplement for the judge of the superior court of the Rome Judicial Circuit, approved February 21, 1951 (Ga. Laws 1951, p. 390), is hereby repealed in its entirety.
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
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 48, 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 523. By Mr. Lambert of the 25th:
A bill to create and establish an Airport Authority for the City of Madison; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
THURSDAY, MARCH 13, 1969
1171
The bill, having received the requisite constitutional majority, was passed..
HB 553. By Mr. Hadaway of the 27th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Twiggs County and providing in lieu thereof an annual salary, so as to change provisions relating to the number of deputies, 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 554. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Twiggs, so as to change the compensation for the commissioners 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 595. By Mr. Lewis of the 37th:
A bill to authorize and direct the governing authorities of Burke County to pay to the Senior Judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 621. By Messrs. Connell and Dent of the 79th, Miles, Maxwell and Simkins of the 78th: A bill to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; to change the time during which notification of candidacy shall be filed; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 645. By Messrs. Smith, Cole and Leonard of the 3rd: A bill to incorporate the City of Cohutta, Georgia, in the County of Whitfield; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 642. By Messrs. Kreeger, Burruss, Henderson, Wilson and Housley of the 117th: A bill to amend an Act creating a Board of Commissioners for Cobb County, so as to change the compensation of the commissioners, other than the chairman; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
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Amend HB 642 by striking quoted Section 8 of Section 1 in its entirety and inserting in lieu thereof a new quoted Section 8, to read as follows:
"Section 8. Compensation. Commissioners, other than the Chairman, shall be paid as their entire compensation for services
as same, the sum of three thousand nine hundred sixty ($3,960.00) dollars per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The Chairman shall receive as his entire compensation the sum of fifteen thousand ($15,000.00) dollars per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation from all sources to which said Chairman or either Commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office."
On the adoption of the amendment, the ayes were 48, 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 646. By Mr. Grahl of the 40th:
A bill to create the Peach County Industrial Development Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 701. By Messrs. Roach and Poole of the 10th:
A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the election of councilmen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, "was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 704. By Messrs. Maxwell and Simkins of the 78th, Sherman of the 80th and others:
A bill to amend an Act incorporating the Trustees of the Masonic Hall, in the City of Augusta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 723. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating the office of treasurer of Laurens County, so as to change the compensation of the treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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1176
HB 724. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating a new charter for the City of Dublin, so as to change the compensation of the mayor and aldermen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 725. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, so as to change the compensa tion 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 726. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act placing the Sheriff of Laurens County upon 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 727. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of Tax Commissioner of Laurens 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 728. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act providing a supplemental salary to the ordinary of Laurens County, so as to provide an increase of the supplemental salary 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 729. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to change the salary of one of his clerks; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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1177
HB 730. By Messrs. Parker, Lane and Nessmith of the 44th:
A bill to amend an Act providing that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis, so as to change the compensation 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 731. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to change the compensation of the members of the civil service board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 737. By Messrs. Whaley of the 93rd, Jones of the 87th, Ellis of the 91st and others:
A bill to amend an Act creating a charter for the municipality of Garden City, so as to extend the present corporate limits of 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 739. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the name of said court to the State Court of Macon County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 740. By Mr. Ballard of the 23rd:
A bill to amend an Act creating a new Charter for the Town of Oxford, so as to change the compensation of the Mayor and Councilmen; to provide for 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 741. By Mr. Ballard of the 23rd:
A bill to amend an Act establishing a new charter for the Town of Mansfield, so as to provide council posts; to provide that certain persons shall not be employed; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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1179
HB 742. By Mr. Ballard of the 23rd:
A bill to amend an Act creating a new charter for the Town of New born, so as to provide for 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 743. By Mr. Ballard of the 23rd:
A bill to provide for the election of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 748. By Messrs. Rainey and Bowen of the 47th:
A bill to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 748 by striking Section 9.17 in its entirety and in serting in lieu thereof a new Section 9.17, to read as follows:
"Section 9.17--Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the City of Cordele to issue the call for an election for the purpose of submitting this Act to the voters of Cordele for approval or rejecttion. The clerk shall set the date of such election for a day not
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JOURNAL OF THE SENATE,
less than 30 nor more than 40 days after the date of the issuance of the call. The clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately precedingthe date thereof, in the official organ of Crisp County. The ballot shall have written or printed thereon the words:
'For approval of the Act providing a new Charter for the City of Cordele.
'Against approval of the Act providing a new Charter for the City of Cordele.'
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. The expense of such election shall be borne by the City of Cordele. It shall be the duty of the city clerk and the election managers of the City of Cordele to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the city clerk to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment, the ayes were 48, 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 749. By Messrs. Kreeger, Atherton, Housley and others of the 117th:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to add a new section to said charter to be known as Section 4 (q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, MARCH 13, 1969
1181
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 751. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 752. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, so as to change the provisions relating to 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 750. By Messrs. Black and Edwards of the 45th:
A bill to change the election date for the members of the Stewart County Board of Education; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 750 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
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"Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the Ordinary of Stewart County to issue the call for an election for the purpose of submit ting this Act to the voters of Stewart County for approval or rejec tion. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Stewart County. The ballot shall have written or printed thereon the words:
'For approval of the Act changing the date for electing the members of the Stewart County Board of Education, and appointing certain persons to the Stewart County Board of Education.
'Against approval of the Act changing the date for electingthe members of the Stewart County Board of Education, and ap pointing certain persons to the Stewart County Board of Education.''
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. The expense of such election shall be borne by Stewart County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the Ordinary to can vass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment, the ayes were 48, 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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1183
HB 753. By Mr. Ross of the 26th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary, so as to change the compensation of the 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 754. By Mr. Ross of the 26th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), so as to change the compensation of the chairman of said Board; 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
:HB 758. By Mr. Collier of the 54th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County providing in lieu thereof an annual salary, so as to authorize the governing authority of Lee County to purchase, maintain and replace, for the use of the office of the sheriff, certain equipment and supplies, including one or more automobiles; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, agreed to.
On the passage of the bill, the ayes were 48, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed,
HB 790. By Messrs. Dodson of the 82nd, Evans and Knapp of the 81st and others:
A bill to create the offices and the appointment of four assistant district attorneys of the Macon 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 792. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act changing the mode of compensating the clerk of the superior court, the sheriff, ordinary and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the compensation which the deputy clerk may receive; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed..
HB 794. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating the office of commissioner of Bleckley County, so as to increase the compensation of the commissioner; toprovide for a 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 48, nays 0.
THURSDAY, MARCH 13, 1969
1185
The bill, having received the requisite constitutional majority, was passed.
HB 795. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act abolishing the fee system for the sheriff of Bleckley 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Hensley of the 33rd moved that the following bill of the House be withdrawn from the Committee on Highways, and recommitted to the Committee on Judiciary:
HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 49th and Harris of the 10th: A bill to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.
On the motion, the ayes were 42, nays 2, and the motion prevailed.
The following general bills and resolution, favorably reported by the commit tees, were read the third time, and put upon their passage:
SB 194. By Senator Holley of the 22nd:
A bill to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, so as to authorize banks to acquire shares in any Small Business Investment Company provided the aggregate amount of shares does not exceed a certain percentage of its capital; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Holley of the 22nd moved that SB 194 be immediately transmitted to the House.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
SB 226. By Senators Trippe of the 31st and Adams of the 5th: A bill to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Trippe of the 31st moved that SB 226 be immediately transmitted to the House.
On the motion, the ayes were 32, nays 0, and the motion prevailed.
SB 234. By Senator Bateman of the 27th:
A bill to amend an Act which provides a schedule of license fees for motor vehicles, approved Dec. 24, 1937 (Ga. L. 1937-38, p. 259), as amended, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of pass engers, whether or not they are operated under the jurisdiction of the Georgia Public Service Commission; and for other purposes.
THURSDAY, MARCH 13, 1969
1187
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 84. By Senator Kidd of the 25th:
A resolution urging the Georgia Real Estate Investment Board to recom mend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.
The Committee on Banking and Finance offered the following substitute:
A RESOLUTION
Relative to the investment of a certain percentage of the funds of State Retirement Systems in real estate loans; and for other purposes.
WHEREAS, Senate Bills 4 and 5 were introduced at the beginning of the 1969 Session to require the Employees' Retirement System and the Teachers' Retirement System to invest at least 25% but not more than 50% of the assets of the respective retirement systems in home mortgages; and
WHEREAS, the Georgia Real Estate Investment Board has served effectively for approximately 10 years; and
WHEREAS, the Board is staffed with qualified employees and the Board is also empowered to employ competent professional personnel to make loan surveys; and
WHEREAS, present law provides that all applicants for real estate loans apply to the Georgia Real Estate Investment Board first rather than either retirement system directly.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the Employees' Retirement System and the Teachers' Retirement System are hereby requested and urged to notify the Georgia Real Estate In vestment Board at least quarterly as to the amount of money available for real estate loans, the type loans in which such systems are interested, and the amount of yield desired by the systems on such loans.
BE IT FURTHER RESOLVED that it is recommended that the Georgia Real Estate Investment Board appoint a person knowledgeable in the field of real estate and investments to act as liaison between
1188
JOURNAL OF THE SENATE,
the Board and the retirement systems so as to prevent any delay in processing loan requests.
On the adoption of the substitute, the ayes were 32, nays 1, and the sub stitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
HB 674. By Mr. Brantley of the 114th:
A bill to provide for the multiple registration of motor vehicles used by certificated or registered motor carriers; and for other purposes.
The report 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 433. By Messrs. Barber of the 15th, Russell and Keyton of the 70th and Smith of the 43rd:
A bill to amend an Act creating the Georgia Higher Education As sistance Corporation, so as to increase the surety bond required of the Executive Director of the corporation; to authorize the Board to defer repayment of certain loans; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
THURSDAY, MARCH 13, 1969
1189
The bill, having received the requisite constitutional majority, was passed.
HB 170. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to reduce the number of days a member in service must wait for filing notice; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 142. By Messrs. Rush of the 51st and Brantley of the 52nd:
A bill to provide the procedure for the consideration of the General Appropriations Bill by the House of Representatives; and for other purposes.
The report 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 352. By Messrs. Smith of the 43rd, Harris of the 77th, Floyd of the 7th and Melton of the 32nd:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to provide for a Fiscal Officer for the Legislative Branch of Government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 436. By Mr. Vaughn of the 74th:
A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
Senator Walling of the 42nd moved that all amendments to HB 436 be printed.
On the motion, the ayes were 27, nays 2, and the motion prevailed.
Action on this bill was postponed until the amendments could be printed.
HB 550. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th and others: A bill to provide preference for certain veterans in any civil service program established in the State government or any political sub division thereof; to provide the procedure connected therewith; to define "armed conflict"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following 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:
THURSDAY, MARCH 13, 1969
1191
HR 314. By Messrs. Smith of the 43rd and Busbee of the 61st: A resolution relative to adjournment; and for other purposes.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 557. By Messrs. Dorminy of the 48th, Hudson of the 48th and Busbee of the 61st:
A bill to amend subsection (g) of Code Section 92-1404, relating to the distribution of funds to counties for construction and maintenance of public roads, so as to provide for the time of submission of certificates of accumulation of funds and proof of deposit of investment of such 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 605. By Mr. Dean of the 19th:
A bill to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the compensation of the jurors for their services; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 245. By Senator Smalley of the 28th:
A bill to amend the "Georgia Insurance Code" (Ga. L. 1960, p. 289, et seq), as amended, so as to provide that surplus funds borrowed by such companies as therein authorized shall not constitute liabilities of the companies except as provided herein or as herein authorized; 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering a House amendment to a Senate amendment thereto:
HB 572. By Mr. Connell of the 79th:
A bill to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; and for other purposes.
The House amendment was as follows:
Mr. Connell of the 79th District, Post 2, moves to amend the Senate Amendment to HB 572 as follows: By striking Section 1 set out in said Senate Amendment in its entirety and inserting in lieu thereof the fol lowing Section 1:
"Notwithstanding any other provision of any law to the con trary, law enforcement officers may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation, providing said offense is committed in his presence. The officer may issue to such person a citation which shall enumerate the specific charges -against such person and the date upon which said person is to appear and answer said charges. If such person shall fail to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. Said person shall then be allowed to make a reasonable bond to appear on a given date before such court."
Senator Smalley of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HB 572.
On the motion, the ayes were 40, nays 0, and the House amendment to the Senate amendment was agreed to.
THURSDAY, MARCH 13, 1969
1193
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendments and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 207. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Lee of the 21st, Ware of the 30th, and Conner of the 56th.
The House insists on its position in disagreeing to the Senate amendments and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Lee of the 21st, Ware of the 30th, and Conner of the 56th.
The following reports of standing committees were read by the secretary:
Senator Holloway of the 12th 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 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 :
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SB 257. Do pass. SR 106. Do pass. HB 643. Do pass.
Respectfully submitted, Holloway of 12th District, Chairman.
Senator Smith of the 18th 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 resolution of the House and has in structed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 227. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 41. Do pass by substitute. Respectfully submitted, Holley of 22nd District, Chairman.
Senator Smith of the 18th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
THURSDAY, MARCH 13, 1969
1195
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 recom mendations :
HB 564. Do pass as amended.
Respectfully submitted, Smith of 18th 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:
SB 256. Do pass. HB 362. Do pass. HB 611. Do pass. HB 697. Do pass. HR 181. Do pass.
Respectfully submitted, Pennington of 45th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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:
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SB 35. Do pass as amended. SB 249. Do pass. SB 252. Do pass. SB 258. Do pass. SB 267. Do pass. HB 342. Do pass. HB 388. Do pass. HB 391. Do pass as amended. HB 569. Do pass. HB 612. Do pass. HB 625. Do pass. HB 631. Do pass as amended. HB 632. Do pass as amended. HB 681. Do pass. HB 757. Do pass. HB 760. Do pass. HB 762. Do pass. HB 763. Do pass. HB 764. Do pass. HB 765. Do pass. HB 793. Do pass as amended. HB 801. Do pass. HB 802. Do pass. HB 834. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
The following resolution of the House was taken up for consideration:
HR 314. By Messrs. Smith of the 43rd and Busbee of the 61st: A resolution relative to adjournment; and for other purposes.
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1197
On the adoption of the resolution, Senator Andrews of the 49th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Coggin
Padgett Smith of 34th
Those voting in the negative were Senators:
Adams, 5th Adams, 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Pennington Plunkett Reeder
Reynolds Rowan Scott Searcey Smalley Smith of 18th Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 4, nays 50.
The resolution having failed to receive the requisite constitutional majority, was lost.
The amendments having been printed and placed on the desks, the following bill was put upon its passage:
HB 436. By Mr. Vaughn of the 74th:
A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority
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heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
Senators Abney of the 53rd, Rowan of the 8th, and McGill of the 24th moved to amend HB 436 as follows:
By striking the figure "100,000" in Section 1, paragraph "h", subparagraph "i" and inserting in lieu thereof the figure "1,875".
On the adoption of the amendment, the ayes were 12, nays 29, and theamendment was lost.
Senators Abney of the 53rd, Rowan of the 8th and McGill of the 24th offered the following amendment:
Amend HB 436 by striking the figure "5,000" in Section 1, para graph "i" and inserting the figure "200".
On the adoption of the amendment, the ayes were 22, nays 26, and the amendment was lost.
Senator Andrews of the 49th moved that the Senate reconsider its action on the amendment of Senators Abney of the 53rd, Rowan of the 8th and McGill of the 24th:
On the motion to reconsider, the ayes were 20, nays 26, and the motion was lost.
Senator Adams of the 26th offered the following amendment:
Amend HB 436 by striking the first sentence of subsection 14, Sec tion 7 and inserting in lieu thereof a new sentence which will read:
"The Authority shall have power and is hereby authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to exceed $384,000,000 in principal amount outstanding at any one time for the purpose of paying all or any part of the cost of any one or a combination of projects: Provided, however, of such authorized amount not less than $100,000,000 may be bonds issued to finance rural road projects and not less than $100,000,000 may be bonds issued to finance urban road projects and not more than $184,000,000 may be bonds issued
THURSDAY, MARCH 13, 1969
1199
to finance projects other than rural road projects and urban road projects."
On the adoption of the amendment, the ayes were 33, nays 3, and the amend ment was adopted.
Senators Smalley of the 28th, Rowan of the 8th and Bateman of the 27th offered the following amendment:
Amend HB 436 by adding a new sentence at the end of quoted "Section 14. Bonds" of Section 7 as follows:
"The amount derived from such bond sales shall be apportioned:
(1) In the case of urban roads, the populations of the munici palities; or of the affected counties as the case may be,
(2) In the case of rural roads, the combination of mileage and population of the county, weighed equally, and
(3) In the case of State roads, the volume of traffic."
On the adoption of the amendment, the ayes were 26, nays 9, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 36, nays 8.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Kidd of the 25th asked unanimous consent to be recorded as voting "nay" to HB 436.
The consent was granted.
Senator Hensley of the 33rd moved that HB 436 be immediately transmitted to the House.
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On the motion, the ayes were 38, nays 0, and the motion prevailed.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 246. By Senators Plunkett of the 30th and Coggin of the 35th:
A bill to repeal HR 14a. adopted at the 1949 Extraordinary Session of the General Assembly of Ga., which resolution authorized the Secretary of State to mail sections of the Georgia Laws to the lawyers of this State and other public officials; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and many others:
A bill to amend Code Section 92-1403 of the Georgia Code of 1933, relat ing to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
THURSDAY, MARCH 13, 1969
1201
HB 289. By Messrs. Pelton of the 95th and Morris of the 73rd:
A bill to attract investment capital and to promote the growth of industry in Georgia by permitting borrowers to contract and act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $100,000 or more, whether originally or by renewal or extension; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 161. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st, Doss of the 52nd and others:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purpose, approved Apr. 21, 1967 (Ga. L. 1967, p. 889), as amended, so as to define the meaning of the word "population" as used in this Act; to repeal con flicting laws; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 161 by striking Section 1 (e) and inserting in lieu thereof:
"(e) Whenever 'population' is used in this Act, it means the population according to the latest U. S. Decennial Census or a Special Population Census conducted by the United States Bureau of Census in those municipalities in which such census has been conducted, as provided in subsection (g), whichever of the two censuses is the most current; provided however, that no more than one such Special Census shall be conducted by any municipality in each decade."
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
Senator Abney of the 53rd offered the following amendment:
Amend SB 161 by adding a new sentence at the end of Section 2 paragraph "g" to read as follows. "All newly created municipalities shall also be eligible to receive said grants."
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JOURNAL OF THE SENATE,
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 as amended.
On the passage of the bill, the ayes were 33, nays 10.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Starr of the 44th moved that SB 161 be immediately transmitted to the House.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th and Wood of the llth and others:
A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
Senator Holley of the 22nd moved that the Senate insist on its substitute to HB 81.
On the motion, the ayes were 29, nays 1, and the motion prevailed.
The following general bill, having been read the third time and lost on February 21, reconsidered on February 24, was put upon its passage:
SB 160. By Senators Starr of the 44th, Maclntyre of the 40th, Tysinger of the 41st and others:
A bill to amend an Act providing for grants to certain municipalities of this State for the purpose of aiding in the construction and mainte-
THURSDAY, MARCH 13, 1969
1203
nance of streets and for aiding in defraying the cost of providing per sonnel and equipment for traffic control; and for other purposes.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 7.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Starr of the 44th moved that SB 160 be immediately transmitted to the House.
On the motion, the ayes were 32, nays 0, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 207. By Mr. Conner of the 56th: A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
Senator Noble of the 19th moved that the Senate adhere to its amendments and that a Committee of Conference be appointed.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Noble of the 19th, Kennedy of the 4th and Young of the 13th.
The following bill of the House was taken up for the purpose of considering House action thereto:
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HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Senator Noble of the 19th moved that the Senate adhere to its amendments and that a Committee of Conference be appointed.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Noble of the 19th, Kennedy of the 4th and Young of the 13th.
The following report of a standing committee was read by the secretary:
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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 274. Do pass. HB 331. Do pass. HB 542. Do pass. HB 791. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Eldridge of the 7th, 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 resolutions of the Senate, and has instructed me, as
THURSDAY, MARCH 13, 1969
1205.
Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 72. SB 194. SB 226. SR 43. SR 96. SR 101.
Respectfully submitted, Eldridge of the 7th District, Chairman.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A bill to amend Code Title 88 known as the "Georgia Health Code",, so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
Senator Rowan of the 8th moved that action on HB 1 be postponed until March 14th.
On the motion the ayes were 30, nays 0, and the motion prevailed.
Senator Bateman of the 27th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
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JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Friday, March 14, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and "was called to order by the president.
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 Carter of the 14th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Evan Boddy, and as the nurse of the day, Miss Jane Law.
The following message was received from the House through Mr. Ellard, -the Clerk thereof:
* Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:
HB 436. By Mr. Vaughn of the 74th: A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Au thority heretofore created by an Act approved February 8, 1955, and
FRIDAY, MARCH 14, 1969
120T
known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 127. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Statewide Probation Act", so as to provide that certain rules and regulations promulgated by the Director of Probation and approved by State Board of Probation shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the "Georgia Administrative Procedure Act"; and for other purposes.
SB 130. By Senator Coggin of the 35th:
A bill to amend an Act comprehensively and exhaustively revising,, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to provide that certain rules and regulations shall be adopted, etc. in accordance with the applicable provisions and procedure as set forth. in the Georgia Administrative Procedure Act; and for other purposes.
SB 145. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to revise, supersede and consolidate the laws relating to theState Board of Corrections and to prisons, public works camps and prisoners, so as to require that inmates released from State penal institutions and county works camps be furnished a certain sum of money; and for other purposes.
SB 148. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to amend an Act revising, superseding and consolidating thelaws relating to the State Board of Corrections and to prisons, publicworks camps and prisoners, so as to provide for extension of limits of places of confinement of certain prisoners; and for other purposes.
SB 174. By Senator Padgett of the 23rd:
A bill to amend an Act comprehensively and exhaustively revising,, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as-
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JOURNAL OF THE SENATE,
to provide for the issuance of court orders requiring the production of prisoners seeking trials upon pending indictments; and for other purposes.
SB 175. By Senator Padgett of the 23rd:
A bill to amend an Act to revise the laws relating to the State Board of Corrections, prisons, public works camps and prisoners, so as to provide that when certain prisoners are needed as witnesses or defendants, they shall be delivered to the sheriff; and for other purposes.
The House has passed by the requisite constitutional majority the follow ing bills of the House and Senate, to-wit:
HB 137. By Mr. Lambert of the 25th:
A bill to provide an expense allowance for the District Attorney of the Ocmulgee Judicial Circuit; and for other purposes.
HB 775, By Messrs. Gignilliat of the 89th and Gaynor of the 88th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.
HB 780. By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd, Geisinger and Collins of the 72nd, Dean of the 76th, and Jordan of the 74th:
A bill to require the boards of education in certain counties of this State to publish a summary of all receipts and expenditures of said boards on a quarterly basis; to provide the procedure connected with the foregoing; and for other purposes.
HB 800. By Messrs. Funk of the 92nd, Gaynor of the 88th, Hill of the 94th, Ellis of the 91st and Gignilliat of the 89th:
A bill to provide for the manner of appointment of members of the Board of the Chatham County Hospital Authority; and for other pur poses.
HB 855. By Mr. Lewis of the 37th:
A bill to reincorporate the Town of Sardis in the County of Burke and to make the same a city; and for other purposes.
FRIDAY, MARCH 14, 1969
1209
HB 856. By Mr. Clarke of the 33rd:
A bill to amend an Act creating a board of commissioners of Monroe County, so as to change the compensation of the commissioner; and for other purposes.
HB 857. By Mr. Lewis of the 37th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Burke (now the Board of Commission ers), so as to change the compensation of said Board of Commissioners; and for other purposes.
HB 859. By Mr. Wheeler of the 57th:
A bill to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-time deputy sheriffs; and for other purposes.
HB 868. By Messrs. Cato and Conger of the 68th:
A bill to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change the compensation of said sheriff; and for other purposes.
HB 870. By Messrs. Northcutt, Lee and Gary of the 21st:
A bill to amend an Act creating and incorporating the City of Mountain View; and for other purposes.
HB 871. By Messrs. Vaughn and Jordan of the 74th:
A bill to empower the governing authority of Rockdale County to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, etc., to cite the constitutional authority for this Act; and for other purposes.
HB 873. By Mr. Simmons of the 4th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for said City, so as to change the corporate limits of said City; and for other purposes.
HB 874. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A bill to amend an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit, to provide for additional compensation for him; and for other purposes", so as to change the compensation of the Court Reporter of the Oconee Judicial Circuit; and for other purposes.
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JOURNAL OF THE SENATE,
HB 876. By Mr. Lewis of the 37th:
A bill to amend an Act incorporating the City of Waynesboro, so as to provide that councilmen (or aldermen) of the City of Waynesboro shall each be elected at large by the voters of the City of Waynesboro without regard to wards; and for other purposes.
HB 878. By Messrs. Kreeger, Wilson, Housley, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide that said court shall be a court of record except in certain cases; and for other purposes.
HB 879. By Messrs. Kreeger, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to extend the judisdiction of said court to certain cases involving injuries to the person; and for other purposes.
HB 880. By Messrs. Geisinger and Collins of the 72nd, Higginbotham, Davis, Floyd and Westlake of the 75th, Harris, Farrar and Thomason of the 77th, Dean of the 76th, and Morris of the 73rd:
A bill to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; and for other purposes.
HB 885. By Messrs. Peterson and Nunn of the 41st:
A bill to amend an Act incorporating the City of Warner Robins, so as to change the form of government of said city from a Mayor-Council form of Government to a Council-Manager form of government; and for other purposes.
HB 889. By Messrs. Longino of the 98th, Horton, Cook and Hawes of the 95th, and Lane of the 101st:
A bill to amend an Act establishing a new charter for the City of Fairburn, so as to provide for the election of councilmen by council seat positions; to establish the hours that polls shall be open so as to conform to the State Laws; and for other purposes.
SB 124. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide that the mayor and councilmen shall be elected by a majority vote; and for other purposes.
FRIDAY, MARCH 14, 1969
1211
SB 206. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to provide that the governing authorities of Fulton County shall have authority to make uniform assessments against abutting property for lateral sanitary sewers laid adjacent to said property; and for other purposes.
SB 220. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to redefine the City Limits of said City; to provide for a referendum; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating a board of commissioners of roads and revenues for Clayton County, so as to change the provisions relating to the comptroller; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 318. By Mr. McClatchey of the 113th:
A resolution designating April 1969 as "Cancer Control Month"; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
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JOURNAL OF THE SENATE,
SB 50. By Senator Pennington of the 45th:
A bill to amend Code Section 13-2027, relating to the maintenance of reserves by banks, so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obligations and certificates of deposit; and for other purposes.
SB 73. By Senator Smalley of the 28th:
A bill to provide for the number of directors of railroad corporations; to provide for the ratification of prior actions of Boards of Directorsthereof; and for other purposes.
SB 110. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
SB 114. By Senator Kidd of the 25th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors, so as to provide that the board shall record and file the valuation fixed and assessed on corrected returns; and for other purposes.
The House has agreed to the Senate substitute to the following bills of the House, to-wit:
HB 121. By Mr. Vaughn of the 74th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits, on overheight vehicles, etc.; and for other purposes.
HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton, Felton, Hawes and Gates of the 95th, Adams of the 100th, Games of the 104th, Bond of the lllth, Alexander of the 108th and others:
A bill to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have certain additional members in certain municipalities; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
FRIDAY, MARCH 14, 1969
1213
HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth, Berry of the 85th:
A bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; and for other purposes.
The House has passed by the requisite constitutional majority the following tills of the Senate, to-wit:
SB 32. By Senator Holloway of the 12th:
A bill to amend Code Section 56-317, relating to the power of the Insurance Commissioner to revoke, suspend or refuse to renew the certificate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such authority; and for other purposes.
,SB 111. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A bill to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals; and for other purposes.
SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the House and Senate, to-wit:
.HR 187. By Messrs. Brown of the 110th, Horton of the 95th, Bond of the lllth, Cook of the 95th, Marcus of the 105th, Sims of the 106th and others:
A resolution proposing an amendment to the Constitution, so as to allow municipal corporations having a population of more than 400,000 to remove or demolish, close and clear the premises of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions and that such expenditures shall be established as liens against the properties involved; and for other purposes.
1214
JOURNAL OF THE SENATE,
SR 72. By Senators Coggin of the 35th, Stephens of the 36th, Smith of the 34th and others:
A resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to issue bonds without a referendum election under certain conditions; and for other pur poses.
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and many others:
A bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Vaughn of the 74th, Wood of the llth, and Dean of the 19th.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st: A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for vocational schools; and for other purposes.
The following bill and resolutions were introduced, read the first time, and referred to committees:
SB 277. By Senator Maclntyre of the 40th: A bill to amend Code Section 40-802, relating to the objects and pur poses of the Department of Archives and History, so as to change the provisions relating to the destruction of records and the central de pository; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
FRIDAY, MARCH 14, 1969
1215
SR 117. By Senator Coggin of the 35th:
A resolution creating the Scholarship Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 118. By Senator Spinks of the 9th:
A resolution proposing an amendment to the Constitution, so as to change the provisions relating to the meetings of the General Assem bly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Judiciary,
SR 119. By Senator Gillis of the 20th:
A resolution creating the Junked Motor Vehicles Study Committee; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the first time and referred to committees:
HB 137. By Mr. Lambert of the 25th:
A bill to provide an expense allowance for the District Attorney of the Ocmulgee Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 775. By Messrs. Gignilliat of the 89th and Gaynor of the 88th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 780. By Messrs. Davis, Floyd, Westlake of the 75th and others:
A bill to require the boards of education in certain counties of this State to publish a summary of all receipts and expenditures of said boards on a quarterly basis; to provide the procedure connected with the foregoing; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
HB 800. By Messrs. Funk of the 92nd, Gaynor of the 88th, Hill of the 94th and others:
A bill to provide for the manner of appointment of members of the Board of the Chatham County Hospital Authority; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 855. By Mr. Lewis of the 37th:
A bill to reincorporate the Town of Sardis in the County of Burke and to make the same a city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 856. By Mr. Clarke of the 33rd:
A bill to amend an Act creating a board of commissioners of Monroe County, so as to change the compensation of the commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 857. By Mr. Lewis of the 37th:
A bill to amend an Act creating a Board of Commissioners of Roadsand Revenues for the County of Burke (now the Board of Commis sioners) , so as to change the compensation of said Board of Commis sioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 859. By Mr. Wheeler of the 57th:
A bill to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-time deputy sheriffs; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 868. By Messrs. Cato and Conger of the 68th:
A bill to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change the compensation of said sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 870. By Messrs. Northcutt, Lee and Gary of the 21st:
A bill to amend an Act creating and incorporating the City of Moun tain View; and for other purposes.
Referred to Committee on County and Urban Affairs.
FRIDAY, MARCH 14, 1969
1217
HB 871. By Messrs. Vaughn and Jordan of the 74th:
A bill to empower the governing authority of Rockdale County to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, etc., to cite the constitutional authority for this Act; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 873. By Mr. Simmons of the 4th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for said City, so as to change the corporate limits of said City; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 874. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A bill to amend an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Cir cuit, to provide for additional compensation for him; and for other purposes.", so as to change the compensation of the Court Reporter of the Oconee Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 876. By Mr. Lewis of the 37th:
A bill to amend an Act incorporating the City of Waynesboro, so as to provide that councilmen (or aldermen) of the City of Waynesboro shall each be elected at large by the voters of the City of Waynesboro without regard to wards; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 878. By Messrs. Kreeger, Wilson, Housley of the 117th and others: A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide that said court shall be a court of record except in certain cases; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 879. By Messrs. Kreeger, Wilson, McDaniell and others of the 117th: A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to extend the jurisdiction of said court to certain cases involving injuries to the person; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
HB 880. By Messrs. Geisinger and Collins of the 72nd, Higginbotham of the 75th and others:
A bill to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 885. By Messrs. Peterson and Nunn of the 41st:
A bill to amend an Act incorporating the City of Warner Robins, so as to change the form of government of said city from a Mayor-Council form of government to a Council-Manager form of government; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 889. By Messrs. Longino of the 98th, Horton and Cook of the 95th and others:
A bill to amend an Act establishing a new charter for the City of Fairburn, so as to provide for the election of councilmen by council seat positions; to establish the hours that polls shall be open so as to con form to the State Laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 187. By Messrs. Brown of the 110th, Horton of the 95th, Bond of the lllth and others:
A resolution proposing an amendment to the Constitution, so as to allow municipal corporations having a population of more than 400,000 to remove or demolish, close and clear the premises of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions and that such expenditures shall be established as liens against the properties involved; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 805. By Mr. Johnson of the 29th:
A bill to provide for the issuing of a license plate to persons engaged in the business of transporting mobile homes and house trailers for others; and for other purposes. Referred to Committee on Highways.
HR 188. By Mr. Shanahan of the 8th:
A resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes. Referred to Committee on Economy, Reorganization and Efficiency in Government.
FRIDAY, MARCH 14, 1969
1219
The following bills were read the second time:
SB 269. By Senator Spinks of the 9th:
A bill to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, approved April 9, 1963, so as to increase the maximum interest rate on bonds and other obligations of the authority; and for other purposes.
SB 270. By Senator London of the 50th:
A bill to amend an Act placing the Sheriff of Rabun County upon an annual salary, approved April 5, 1965, so as to change the compensa tion of the sheriff; and for other purposes.
SB 271. By Senator Miller of the 43rd:
A bill to regulate the expenditure of public funds by agencies and departments of the State of Georgia for the education of employees thereof, to prescribe residence and employment requirements for such education of State Government employees; and for other purposes.
SB 272. By Senator Miller of the 43rd:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, approved Mar. 7, 1968, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
SB 273. By Senator Walling of the 42nd:
A bill creating the State Council for the Preservation of Natural Areas, and providing for members, their terms and duties, approved March 10, 1966, so as to provide for administrative supervision of said Council by the State Game and Pish Commission in lieu of the Department of State Parks; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 274. By Senator Rowan of the 8th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing ambulance services; to authorize the Department of Public Health to make certain inspections; to provide certain exemptions; to provide for the enforcement of the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
SB 275. By Senators Smith of the 18th and Andrews of the 49th:
A bill to authorize the State Department of Education and county and independent boards of education to expand State and local funds to teach deaf, hearing-impaired and speech-handicapped children of pre school age; to authorize the State Board of Education to adopt rules and regulations to effectuate the purposes of this Act; to repeal con flicting laws; and for other purposes.
SB 276. By Senator Coggin of the 35th:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of driver's licenses, approved March 9, 1937, so as to provide honorary driver's licenses for the spouses of certain disabled veterans; to repeal conflicting laws; and for other purposes.
HB 173. By Messrs. Barber of the 15th and Mauldin of the 12th:
A bill to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public School; and other State Supported Schools. . . . .", so as to provide a reduction of the allowance which a member shall receive upon service retirement in the case of the retirement of such member prior to his attainment of the age 62 years; and for other purposes.
HB 190. By Mr. Harris of the 77th:
A bill to provide that the salary of the District Attorney of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasuries of the counties comprising the Stone Mountain Judicial Circuit; and for other purposes.
HB 194. By Messrs. Grahl of the 40th and Barber of the 15th:
A bill establishing a retirement system for teachers in the State public schools, so as to provide that certain members may be placed back into full retirement benefits upon meeting certain requirements; and for other purposes.
HB 195. By Mr. Smith of the 39th:
A bill to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, so as to provide that teachers who have been teaching in both a public school and a private school during the same school year, who have been mem bers of the Teachers' Retirement System, shall be eligible to reestablish membership in said retirement system; and for other purposes.
FRIDAY, MARCH 14, 1969
1221
HB 279. By Messrs. Smith of the 3rd, Cook of the 95th and Gaynor of the 88th:
A bill to provide for the protection of the public health and welfare and to conserve and protect the water resources of the State; and for other purposes.
HB 453. By Mr. Ware of the 30th:
A bill to provide for the licensing and regulation of the business of insurance premium financing; and for other purposes.
HB 558. By Messrs. Westlake, Floyd, Davis of the 75th and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, so as to change the terms of office of the members of the board of edu cation; and for other purposes.
HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefore, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.
HB 733. By Messrs. Kreeger, Burruss, Atherton and others of the 117th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; and for other purposes.
HB 798. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, so as to provide that in all counties with populations of not less than 18,050 and not more than 18,300, any county official, officer or employee, who deposits said county funds with any bank or trust company shall only deposit said funds in an account which is in the official name of said official, officer or employee and which name shall clearly indicate that the funds in the account are county funds and are for official county use only; and for other purposes.
HB 840. By Mr. Johnson of the 29th:
A bill to create and establish a Small Claims Court in and for Warren County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 843. By Mr. Jordan of the 55th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax com missioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.
HB 845. By Mr. Hargrett of the 58th:
A bill to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; and for other purposes.
HB 846. By Messrs. Rowland and Douglas of the 42nd:
A bill to create a Board of County Commissioners of Johnson County, so as to change the method of filling vacancies; to provide for an expense allowance for the chairman and each of the other members of said Board of County Commissioners; and for other purposes.
HB 850. By Messrs. Bell and Morris of the 73rd, Collins of the 72nd and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to change the method of filling vacancies on the Board of Commissioners; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Webb of the llth District, Chairman of the Committee on Retire ment, 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 Chairman, to report the same back to the Senate with the following recommendations:
SB 60. Do pass by substitute. HB 652. Do pass as amended.
Respectfully submitted, Webb of llth District, Chairman.
Senator Smith, of the 18th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
FRIDAY, MARCH 14, 1969
1223
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 264. Do pass.
Respectfully submitted,
Smith of 18th District,
Chairman.
The following local, uncontested bills, favorably reported by the committee, were read the third time, and put upon their passage:
SB 35. By Senators Johnson of the 38th, Ward of the 39th, Hardy of the 56th and others:
A bill to amend the Act approved March 3, 1939 (Ga. L. 1939, p. 571), authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the pay ments of pensions to County employees of said county; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend Senate Bill 35 by adding the following:
Section 2 is hereby amended by adding at the end of said Section the following:
"In addition, all such officers or employees shall be required to pay into said fund that sum which they would have paid had said Act been in effect on July 1, 1964, or at the date when they were first employed, whichever date shall be later. Such employees may, if they desire, repay all such funds for retroactive credit in not more than 60 monthly installments to be deducted from their salaries, with interest thereon at 4% per annum for such retroac tive payments.
"Payments required of any officer or employee or the bene ficiary thereof, who shall retire before the full amount of such retroactive payment shall be made, shall have the amount of such payment deducted from the monthly pension benefits to such officer or employee or beneficiary as same accrue."
Section 3 is amended by striking in its entirety Paragraph 1 and inserting in lieu thereof the following:
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JOURNAL OF THE SENATE,
"Any officer or employee coming under the terms of this Act who is in the employment of Fulton County prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Pension
Board within sixty (60) days of the date that this amendment is approved by the Governor or otherwise becomes a law."
On the adoption of the amendment, the ayes were 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 249. By Senators Stephens of the 36th, Johnson of the 38th, Coggin of the 35th and others:
A bill to fix the compensation of the judge of the court of ordinary in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, iwas agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 252. By Senators Coggin of the 35th, Ward of the 39th, Maclntyre of the 40th and others:
A bill to fix the compensation of the judges of the juvenile court in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, MARCH 14, 1969
1225
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 258. By Senator London of the 50th:
A bill to abolish the present mode of compensating the ordinary of White County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 267. By Senator McGill of the 24th:
A bill to create and establish a Small Claims Court in and for Wilkes County; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
i The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 342. By Messrs. Snow, Hale and Crowe of the 1st:
A bill to amend an Act creating the City Court of Walker County, so as to change the name of said court to the Civil and Criminal Court of Walker County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 388. By Mr. Harris of the 77th:
A bill to authorize a stenographer to be present with the DeKalb County Grand Jury while witnesses are being examined before said Grand Jury; to provide for the appointment and compensation of said stenographer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 391. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act creating a Board of Commissioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 391 as follows:
By inserting in the title immediately before the phrase: "to provide an effective date;" the following: "to provide that the chairman shall be the chief administrative officer of the county and shall devote his full time to the duties of his office;"
By inserting a new sentence between the second and third sentences of quoted Section 6 of Section 1 to read as follows: "The chairman of said board of commissioners shall be the chief administrative officer of the county and shall devote his full time to the duties of his office."
On the adoption of the amendment, the ayes were 50, nays 0, and the amendment was adopted.
FRIDAY, MARCH 14, 1969
1227
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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 569. By Messrs. Dorminy and Hudson of the 48th: A bill to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor. . . .", relating to territorial limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 612. By Messrs. Dorminy and Hudson of the 48th: A bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner; 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 625. By Messrs. Snow, Hale and Crowe of the 1st: A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to provide that the sheriff shall have the authority
1228
JOURNAL OF THE SENATE,
to place orders for the purchase of certain supplies, equipment and materials; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 631. By Messrs. Salem and Rush of the 51st: A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 631 by inserting in Section 2, paragraph two, in the second sentence after the words "full force and effect," the following:
"provided the residents of the tract of land described in Section 1 of this Act are furnished with the same city services as the majority of residents of other areas of the city within 12 months following the approval of this Act in such referendum,"
On the adoption of the amendment, the ayes were 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 632. By Messrs. Salem and Rush of the 51st: A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
FRIDAY, MARCH 14, 1969
1229
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 632 by inserting in Section 2, paragraph two, in the second sentence after the words "full force and effect," the following:
"provided the residents of the tract of land described in Section 1 of this Act are furnished with the same city services as the majority of residents of other areas of the city within 12 months following the approval of this Act in such referendum,"
On the adoption of the amendment, the ayes were 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 681. By Mr. Joiner of the 35th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Washington (now Board of Commissioners of Washington County), so as to provide an expense allowance of $100 per month for each member 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 757. By Messrs. Jones and Buck of the 84th, Davis of the 86th and others: A bill to amend the Charter of the City of Columbus in the County of Muscogee, so as to extend the present corporate limits of said city; defining the boundaries of such territory; 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 760. By Mr. Dodson of the 82nd:
A bill to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), so as to change the bond of the Clerk of said Court; to change the method of collection, payment and distribution of fees, costs, fines and forfeitures in 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 762. By Mr. Knowles of the 22nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff, the chief deputy of the sheriff, the clerk of the superior court and the ordinary 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 763. By Mr. Knowles of the 22nd:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the salary of the treasurer of Henry County; and for other purposes.
FRIDAY, MARCH 14, 1969
1231
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 764. By Mr. Knowles of the 22nd: A bill to amend an Act creating a board of county commissioners for Henry County, so as to change the compensation of the members of the board of county commissioners; to provide for a travel expense allowance for each member of the board of county commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 793. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A bill to amend an Act providing a new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 793 by striking from quoted Section 2 of Section 1 the following language (near the top of page 5):
"thence run westerly along the south line of land lot 233 to the west line of land lot 233; thence run northerly along the west line of land lot 233 and land lot 234 to the southerly bank of the Georgia Power Company lake;",
and inserting in lieu thereof the following:
"thence run south 84 degrees, 59 minutes west along the south line of Land Lot 233 a distance of one thousand nine hundred
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thirty-four (1934) feet more or less to a point; thence run north 11 minutes east a distance of one thousand five hundred seventy and four tenths feet (1570.4) to a point; thence run south 89 degrees 59 minutes west a distance of twenty (20) feet to a point; thence run north 29 degrees 13 minutes west a distance of one hundred ninety four and seven tenths (194.7) feet to a point; thence run north 1 minute west a distance of eight hundred fiftyfive (855) feet more or less to a point; thence run north 89 degrees 59 minutes east a distance of one thousand six hundred thirty (1630) feet to the southeasterly bank of the Georgia Power Company Lake;";
And, by striking from quoted Section 2 of Section 1 the follow ing language (at the top of page 6):
"to the north line of land lot 156; thence run east along the north line of land lot 156 to the east line of land lot 156; thence run south along east line of land lot 156 a distance of nine hundred twenty-five (925) feet more or less to a point; thence run west a distance of nine hundred (900.0) feet more or less to a point on a line parallel to and nine hundred (900.0) feet west of the east line of land lot 156; thence run south along said line nine hundred (900.0) feet west of the east line of",
and inserting in lieu thereof the word "and".
On the adoption of the amendment, the ayes were 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 765. By Mr. Knowles of the 22nd: A bill to change the terms of the superior court 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 50, nays 0.
FRIDAY, MARCH 14, 1969
1233
The bill, having received the requisite constitutional majority, was passed.
HB 801. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act incorporating the City of Royston, so as to abolish the Mayor's Court and to create and establish in lieu thereof a Recorder's Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 802. By Messrs. Mauldin and Milford of the 12th: A bill to amend an Act incorporating the City of Royston, so as to authorize the mayor and council to employ a city manager; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 834. By Messrs. Dorminy and Hudson of the 48th:
A bill creating a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for the keeping of records relative thereto, and to define the duties of county commissioners relative thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
The following resolutions were read and adopted:
SR 113. By Senator Smith of the 18th: A resolution designating May 2, 1969 as "Eric Staples Day"; and for other purposes.
SR 114. By Senators Johnson of the 38th, Ward of the 39th, Garrard of the 37th and others: A resolution wishing a speedy and complete recovery to Mrs. Grace T. Hamilton; and for other purposes.
SR 115. By Senator Doss of the 52nd: A resolution commending the Rome Peace Officers' Auxiliary and the Rome-Ployd County Labor Council; and declaring the week of March 22 through March 29 as "Respect For Law Week"; and for other pur poses.
SR 116. By Senator Coggin of the 35th: A resolution commending Charles A. Moran, Sr.; and for other purposes.
HR 318. By Mr. McClatchey of the 113th: A resolution designating April, 1969, as "Cancer Control Month"; and for other purposes.
Scripture reading and prayer were offered by Dr. J. R. Burgess, pastor, Presbyterian, Reinhardt College, Waleska, Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A bill to amend Code Title 56 known as the "Georgia Insurance Code" approved March 8, 1960, as amended; to make certain changes in
FRIDAY, MARCH 14, 1969
1235
regard to hospital care; to repeal conflicting laws; and for other pur poses.
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend Title 56 of the Code of Georgia, re lating to insurance, as amended, so as to provide that, when certain in dividual policies of accident and sickness insurance provide benefits for hospital care, there may be included within the scope of coverage hos pital care rendered on account of mental illnesses and hospital care when rendered by any psychiatric hospital duly licensed by the State of Geor gia; to provide that when certain group or blanket policies of accident and sickness insurance provide for hospital care, there shall be included within the scope of coverage hospital care rendered on account of mental illnesses and hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia; to provide for the inclusion of certain information in policies and identification cards in. the event the policy does not cover mental illnesses; to repeal conflictinglaws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Title 56 of the Code of Georgia, relating to insurance, as amended, is hereby amended by adding at the end of Code Section 56-3016, relating to medical or surgical policies, the following:
"When an individual policy of accident and sickness insurance, except policies providing special coverage for limited diseases, accident protection only or dental policies, provides for hospital care, there may be included within the scope of coverage (1) hospital care rendered on account of mental illness and (2) hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia. If such coverage is not included in the policy, a statement that the policy does not cover mental illnesses shall be (1) printed in the policy in bold-face type or stamped on the face of the policy and (2) printed or stamped on any identifica tion card issued pursuant to any such policy."
Section 2. Said Title is further amended by adding at the end of Code Section 56-3110, relating to medical or surgical policies, the fol lowing :
"When a group or blanket policy of accident and sickness insurance, except policies providing special coverage for limited diseases, accident protection only or dental policies, provides for hospital care, there may be included within the scope of coverage (1) hospital care rendered on account of mental illnesses and (2) hospital care when rendered by any psychiatric hospital duly
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licensed by the State of Georgia. If such coverage is not included in the policy, a statement that the policy does not cover mental illnesses shall be (1) printed in the policy in bold-face type or stamped on the face of the policy and (2) printed or stamped on any identification card issued pursuant to any such policy."
Section 3. Nothing contained within this Act shall be construed to affect any policy issued prior to the effective date of this Act.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Adams of the 26th moved that SB 41 be immediately transmitted to the House.
On the motion, the ayes were 33, nays 0, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th and Wood of the llth and others:
A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
Senator Holloway of the 12th moved that the Senate adhere to the substitute, and that a Committee of Conference be appointed.
FRIDAY, MARCH 14, 1969
1237
On the motion, the ayes were 33, nays 0.
The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate the following:
Senators Hensley of the 33rd, Gillis of the 20th and Fincher of the 51st.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The Report of the Committee of Conference was as follows:
CONFERENCE COMMITTEE REPORT ON HB 104
The Conference Committee on HB 104 reports that it has been un able to agree on all matters and recommends that the Committee be dissolved and that another Conference Committee be appointed.
Respectfully submitted,
FOR THE SENATE: /s/ A. W. Holloway
A. W. Holloway Senator, 12th District /s/ M. J. Padgett M. J. Padgett Senator, 23rd District /s/ Stanley E. Smith, Jr. Stanley E. Smith, Jr. Senator, 18th District
FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. R. Lambert E. R. Lambert Representative, 25th District
/s/ Quimby Melton, Jr. Quimby Melton, Jr. Representative, 32nd District
/s/ Thomas B. Murphy Thomas B. Murphy Representative, 19th District
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Senator Holloway of the 12th moved that the Senate adopt the report of the Committee of Conference, and that a second Committee of Conference be ap pointed.
On the motion, the ayes were 41, nays 0, and the motion prevailed.
The president appointed as a second Committee of Conference the following':
Senators Holloway of the 12th, Smith of the 18th and Padgett of the 23rd.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 136. By Senator Broun of the 46th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, as amended, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; to repeal conflicting laws; and for other purposes.
The House has passed by the requisite constitutional majority the following ill and resolution of the House, to-wit:
HB 805. By Mr. Johnson of the 29th:
A bill to provide for the issuing of a license plate to persons engaged in the business of transporting mobile homes and house trailers for others; and for other purposes.
HE 188. By Mr. Shanahan of the 8th:
A resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.
The following bill of the House, postponed from yesterday, was put upon its passage:
FRIDAY, MARCH 14, 1969
1239
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the volun tary, emergency and evaluation admissions of patients; and for other purposes.
The Committee on Institutions and Mental Health offered the following substitute:
A BILL
To be entitled an Act To amend Code Title 88 known as the "Georgia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing a procedure for the voluntary admission of patients, the emergency ad mission of patients, the admission of patients for evaluation, the nonobjecting or involuntary hospitalization of patients, and the judicial hospitalization of patients to hospitals for the mentally ill; to provide certain definitions; to provide certain rights of patients; to provide liability for violating provisions of Chapter 88-5; to authorize the De partment of Public Health to issue and enforce regulations to imple ment Chapter 88-5; to provide for paying expenses of hearings; to provide for compelling witnesses to attend proceedings; to provide the procedure to be followed when a nonresident of Georgia is hospitalized1 in a facility in Georgia; to provide for transferring eligible patients to the custody of an agency of the United States Government for hospitalization; to provide for the function of private facilities within the provisions of Chapter 88-5; to provide for the validity of prior hospitalization orders; to provide for paying certain expenses; to amend Code Section 24-1901, relating to the jurisdiction of the Courts of Ordinary, so as to confer certain jurisdiction on the Courts of Ordinary in conformity with this Act; to amend Code Chapter 49-6, relating to the appointment of guardians, so as to conform the procedure for the appointment of guardians with the provisions of this Act which provide for admission of patients to treatment facilities; to repeal a specific Code Section; to provide an effective date; to repeal conflicting lawsr and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 88 known as the "Georgia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended by striking Chapter 88-5 in its entirety and inserting; in lieu thereof a new Chapter 88-5 to read as follows.
"CODE CHAPTER 88-5 HOSPITALIZATION OF THE MENTALLY ILL
88-501. Definitions.--Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them:
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(a) 'Mentally ill' shall mean having a psychiatric disorder which substantially impairs the person's mental health;
(b) 'Department' shall mean the Georgia Department of Pub lic Health and includes its duly authorized agents;
(c) 'Facility' shall mean any state-owned or state-operated hospital or other facility utilized for the diagnosis, care, treatment, training, or hospitalization of persons who are mentally ill, any facility operated or utilized for such purpose by the United States Veterans Administration or other federal agency; and any other hospital within the State of Georgia approved for such purpose by the department;
(d) 'Patient' shall mean any mentally ill person who seeks hospitalization under the provisions of this Chapter, or any person for whom such hospitalization is sought;
(e) 'Superintendent' shall mean the chief medical officer of any facility receiving patients under the provisions of this Chapter or a physician appointed as the designee of such superintendent;
(f) 'Physician' shall mean a doctor of medicine who is licensed to practice in this State, under the provisions of the Georgia Medical Practice Act (Ga. Code Chapter 84-9), or who is employed as a physician by the United States Veterans Administration or other federal agency;
(g) 'Private Facility' shall mean any hospital facility operated by a non-profit corporation or association, a proprietary hospital approved for the purposes of this Chapter as provided herein, and a hospital facility operated by a hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter
88-18);
(h) 'Peace Officer' shall mean any city or county police officer, officer of the State Patrol, sheriff or deputy sheriff;
(i) 'Resident' shall mean a person who is a legal resident of the State of Georgia;
(j) 'Representatives' shall mean the persons appointed as pro vided in Section 88-502.15 to receive notice of the proceedings for hospitalization ;
(k) 'Emergency Receiving Facility' shall mean a facility des ignated by the department to receive patients under emergency conditions as provided in Sections 88-504.1 through 88-504.5;
(1) 'Evaluating Facility' shall mean a facility designated by the department to receive patients for psychiatric evaluation as provided in Sections 88-505.1 through 88-505.7;
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1241
(m) 'Treatment Facility' shall mean a facility designated by the department to receive patients for psychiatric treatment as provided in Sections 88-506.1 through 88-506.8 and Sections 88-507.1 through 88-507.3;
(n) 'Penal Offense' means violation of a law of the State or a political subdivision thereof for which the offender may be confined in a State prison or a city or county jail or other penal institution.
(o) 'Clinical record' shall mean all parts of the record required to be maintained under Section 88-502.10(a) and shall include all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which per tains to the patient's hospitalization and treatment.
RIGHTS OF PATIENTS
88-502.1. Protection of patient's right.--The individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained or transported. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those ac cused of crime shall not be used in connection with the mentally ill. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients and their handling and treatment shall be under the supervision of a physician. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental disorder shall be deprived of any civil, political, personal, or property rights without due process of law. No right or privilege granted by this Chapter shall be denied any person.
88-502.2. Right to care and treatment.--The policy of the State is that no person shall be denied care and treatment for mental disorder, and no services shall be delayed at a facility of the State or a political subdivision of the State because of inability to pay.
88-502.3. Quality of care and treatment.-- (a) Each patient in a facility and each person receiving services for mental dis orders shall receive care and treatment that is suited to his needs and such care and treatment shall be administered skillfully, safely, and humanely with full respect for his dignity and personal in tegrity. In order to assure proper care and treatment, the super intendent of a facility shall require that each patient receive such medical attention as his condition demands and that, unless the patient or his representatives consent in writing, no treatment shall be given which is not recognized as standard psychiatric
treatment.
(b) If a patient hospitalized under the provisions of this Chapter is able to secure the services of a private physician, he shall
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be allowed to see his physician at any reasonable time. The super intendent is hereby authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician.
(c) Every patient admitted to a facility under the provisions of this Chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.
88-502.4. Mechanical restraints.--Mechanical restraints shall not be applied to a patient unless it is determined by the super intendent to be required by the medical needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient and each such entry on the clinical record shall be signed by the superintendent.
88-502.5. Communication and visits.-- (a) The intent of this Section is to enable each patient in a facility to communicate freely and privately with persons outside the facility unless such communication is likely to be harmful to the patients or others.
(b) Except as provided in subsections (c) through (e), each patient shall be allowed to receive, send and mail sealed, unopened correspondence and no patient's incoming or outgoing correspon dence shall be opened, delayed, held or censored by the facility.
(c) If there is reason to believe that incoming or outgoing mail contains items or substances which may be dangerous to the patient or others, the superintendent may direct reasonable exami nation of such mail and may regulate the disposition of such items or substances found.
(d) If an injunction against communication by a patient is issued by a court, the superintendent shall restrict communication as provided by the order of the court.
(e) If the superintendent finds that the patient's mental con dition demands restriction of communications, such communications may be restricted for a period not to exceed five days, except that correspondence of the patient with public officials or with his attorney shall not be restricted in any event under this subsection. If the superintendent finds that the patient's condition demands continued restriction of communications, the superintendent may order continued restriction for a period not to exceed three months. This order may be renewed by the superintendent each three months thereafter if the patient's condition demands continued restriction of communications. At each time a patient's right to communicate is ordered restricted by the superintendent, written notice of such order shall be served on the patient and his representatives as provided in Section 88-502.15.
(f) The circumstances surrounding the examination of any mail under subsection (c) or restriction of the right to communicate
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1243
under subsections (d) and (e) shall be recorded on the patient's clinical record.
(g) The superintendent is hereby authorized to establish rea sonable regulations governing visitors, visiting hours and the use of telephones by patients.
88-502.6. Care and custody of the personal effects of patients. --A patient's right to his personal effects shall be respected. The superintendent or his designee may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's be longings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety pre
cautions have been taken.
88-502.7. Voting in public elections.--Each patient in a facility who is eligible to vote shall be given his right to vote in the primary and general elections. The superintendent of each facility shall permit and reasonably assist patients (a) to obtain voter registration forms, applications for absentee ballots, and absentee ballots; (b) to comply with other requirements which are pre requisite for voting; and (c) to vote by absentee ballot.
88-502.8. Employment outside the facility.--If a patient wishes to be employed outside a facility and if such employment will aid in the patient's treatment, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such em ployment. The department shall encourage such employment of patients and shall promote the training of patients for gainful employment after discharge. All benefits of such employment shall accrue solely to the patient.
88-502.9. Education of children.--The rights of any child under treatment in a facility to an education within the limits of his
capability shall be fully respected.
88-502.10. Confidentiality.--(a) A clinical record for each patient shall be maintained. The record shall include data per taining to admission and such other information as may be re quired under regulations of the department. Unless waived by the patient or guardian and his attorney, the privileged and con fidential status of all information given such status by Code Section 38-418 (5) shall not be lost by either authorized or un authorized disclosure of such information to any person, organiza tion or agency. The clinical record shall not be a public record and no part of it shall be released except:
(1) Where the superintendent of the facility where the record is kept deems it essential for continued treatment, the record may be released to physicians;
(2) The record may be released to physicians, attorneys, and government agencies as designated by the patient;
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(3) The record, except for matter privileged under Code Sec tion 38-418 (5), may be produced in response to a duly issued
subpoena; the record, or any part thereof, may be released to persons duly authorized by an order of a Court of record;
(4) When the patient is transferred to another facility, the record may be released to that facility;
(5) The record or any part thereof may be disclosed to any employee or staff member of the facility when the attending physician deems it necessary for the proper treatment of the patient.
(b) (1) The record shall be released to the patient's attorney if the attorney so requests within the four weeks preceding the time the patient becomes entitled to any hearing under the pro visions of this Chapter.
(2) In connection with any hearing under the provisions of this Chapter, any physician who is treating or who has treated the patient shall be authorized to give evidence as to any matter con cerning the patient except for communications privileged under Code Section 34-418 (5) as to which the privilege has not been effectively waived.
(c) Nothing contained in this Section shall be taken to render admissible in Court any matter which would otherwise be excluded under Code Section 34-418.
88-502.11. Judicial Supervision.-- (a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request the Court on its own initiative to issue a writ or release.
(b) A patient or his representatives may file a petition in the Court of Ordinary in the county where the patient is hospitalized, alleging that the patient is being unjustly denied a right or privi lege granted by this Chapter or that a procedure authorized by this Chapter is being abused. Upon the filing of such a petition, the Court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct any abuse of the provisions of this Chapter.
88-502.12. Right to legal counsel.--It shall be the responsibility of the department to see that every patient is given the opportunity to secure legal counsel to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during hospitalization.
88-502.13. Designation of facility to receive patient.-- (a) The department may designate the state-owned or state-operated facility to which a patient is admitted under the provisions of this Chapter. If a patient is hospitalized under the provisions of this Chapter and
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1245
is able to pay for treatment in a private facility approved by the department under the provisions of this Chapter, he may apply to the department for transfer at his expense to such private facility. If the private facility agrees to accept the patient, the department shall transfer the patient to that facility. If a private facility requests the department to take custody of a patient hospitalized therein under the provisions of this Chapter, the department shall accept the patient and designate the state-owned or state-operated facility to which the patient shall be admitted.
(b) When the medical needs of the patient or efficient utiliza tion of the facilities of the department require, a patient may be transferred from one facility of the department to another. At the time of any such transfer, notice shall be given in writing to the patient and to his representatives. A voluntary patient may be transferred only with his consent.
88-502.14. Transportation.--Except under conditions of ex treme urgency, the County Health Department shall arrange for any required transportation of the patient. In such conditions of extreme urgency, the Court of Ordinary shall, upon the request of the County Health Department, order the sheriff to transport the patient in such manner as his condition demands. Marked vehicles normally used for the transportation of criminals or those accused of crime shall not be used for the transportation of patients except under conditions of extreme urgency. At any time the County Health Department is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female, who is not a patient, in at tendance, unless such female patient is accompanied by her husband, father, adult brother or adult son.
88-502.15. Notice.--(a) At the time a patient is admitted to any facility under the provisions of this Chapter, the names and addresses of two representatives shall be entered in the patient's clinical record and notice of the patient's admission shall be given to the representatives in writing. If the admission is to an Emergen cy Receiving Facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as possible. The patient may designate one representative; the second representative, or in the absence of designation of one representa tive by the patient, both representatives, shall be selected by the facility, one of whom shall be selected from the following in the order of listing: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing.
(b) At the time of admission of a patient under the provisions of this Chapter, the facility shall make diligent efforts to secure names and addresses of two representatives for the patient as pro vided for herein. If the facility is unable to secure such representa tives after diligent search, that fact shall be entered in the patient's clinical record, and the facility shall apply to the Court of Ordinary
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for the appointment of a guardian ad litem. On application of any person or on its own motion, the Court of Ordinary may also appoint a guardian ad litem for a patient for whom representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian ad litem shall act as representative of the patient on whom notice is to be served under the provisions of this Chapter, and. shall have the powers granted to representatives by this Chapter.
(c) At any time notice is required by this Chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under subsection (a). The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice shall be served in person or by registered or certi fied mail. When notice is served by mail, service is complete upon mailing.
(d) At any time notice is required by this Chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to read a writ ten notice understandably, a reasonable effort shall be made to explain the notice to him.
(e) At the time a Court of Ordinary enters an order pursuant to the provisions of this Chapter, such order and notice of the date of entry of the order shall be served on the patient and his repre sentatives as provided in subsection (c) hereof.
88-502.16. Appeal.--The patient, his representatives, or his at torney may appeal any order ol the Court of Ordinary rendered in a proceeding under this Chapter to the Superior Court of the county in which the proceeding was held. Such appeal must be filed within ten days of the entry of the order complained of and the patient must pay all costs or must make an affidavit that he is unable to pay costs. The appeal shall be made in the same manner as other appeals from the Court of Ordinary to the Superior Court, where the issue shall be submitted to a jury as in other cases before that Court, with further rights of review as now or hereinafter are provided by law.
88-502.17. Access to physicians.--At reasonable times, the pa tient's attorney shall have the right to interview the physicians who have attended the patient in any facility. The superintendent is hereby authorized and directed to establish reasonable regulations to make available to the patient's attorney all information in the possession of the facility which he requires in order to advise and represent the patient concerning his hospitalization.
88-502.18. Liability for violations.--Any person who willfully violates or willfully abuses any provision of this Chapter shall be liable to the patient for any damages which the patient suffers by reason of such wrongful conduct. Any physician, peace officer, health officer, or hospital officer, agent, or employee, whether em ployed by a private hospital or at hospital facilities operated by the
FRIDAY, MARCH 14, 1969
1247
State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18), who acts in good faith in compliance with the provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility.
VOLUNTARY ADMISSION
88-503.1. Authority to receive voluntary patients.--(a) The superintendent of any facility may receive for observation and diagnosis any individual 18 years of age, or older, making ap plication therefor, any individual under 18 years of age for whom such application is made by his parent or guardian and any person legally adjudged to be incompetent for whom such application is made by his guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility for such period and under such conditions as may be authorized by law.
(b) The superintendent of any Evaluating- Facility may receive for observation and diagnosis any individual 14 years of age or older who makes application therefor. If such individual is under 18 years of age, his parent or guardian may apply for his discharge and the superintendent shall release the patient within five days of such application for discharge.
88-503.2. Discharge of voluntary patients.--The superinten dent of the facility shall discharge any voluntary patient who has recovered from his mental illness or who has sufficiently improved that the superintendent determines that hospitalization of the pa tient is no longer desirable. He may also discharge any voluntary patient, if to do so would, in his judgment, contribute to the most effective use of the facility in the care and treatment of mentally ill persons: Provided, however, that in no event shall any such patient be discharged if, in the judgment of the superintendent of such facility, such discharge would be unsafe for the patient or others.
88-503.3. Right of voluntary patients to discharge on applica tion.-- (a) A voluntary patient who is admitted to a facility pur suant to Section 88-503.1, or his legal guardian, parent, spouse, attorney or adult next-of-kin, may request his discharge in writing at any time after five days following his admission to the facility, excluding Saturdays, Sundays and legal holidays. This request may be submitted to the superintendent or to any staff physician or staff registered nurse of the facility lor transmittal to the superintendent. If the patient or another on his behalf makes an oral request for release to any staff physician or staff registered nurse, the patient must, within three days, Saturdays, Sundays and legal holidays ex cluded, be given assistance in preparing a written request. If a written request is submitted to a staff physician or staff registered nurse, the physician or nurse shall deliver the request to the super-
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intendent within 24 hours. Within five days, excluding Saturdays,, Sundays and legal holidays, of the delivery of a written request for release to the superintendent, the patient must be discharged from
the facility unless the superintendent finds that the discharge would be unsafe to the patient or others, in which case proceedings for involuntary hospitalization must be initiated under Section 88-506.3 prior to the expiration of such five-day period. If the patient wasadmitted on his own application and the request for discharge is made by a person other than the patient, the discharge may be con ditioned upon the agreement of the patient thereto. If the patient was admitted before the age of eighteen on the application of his parent or guardian under Section 88-503.1, his discharge prior to becoming 18 years of age may be conditioned upon the consent thereto of his parent or guardian. If the patient was admitted as an adjudged incompetent on the application of his guardian under Section 88-503.1, his discharge prior to a legal restoration of com petency may be conditioned upon the consent thereto of his guardian.
(b) Notwithstanding any other provision of this Chapter, pro ceedings for the involuntary hospitalization of an individual re ceived by a facility as a voluntary patient shall not be commenced unless the discharge of the voluntary patient is first requested as
provided in subsection (a) hereof.
88-503.4. Notice of rights to release.--At the time of his admis sion and each six months thereafter, a voluntary patient admitted to a facility under Section 88-503.1 and his representatives shall be notified in writing, as provided in Section 88-502.15, of his right to discharge on application under Section 88-503.3.
88-503.5. Transfer to voluntary status.--The attending physi cian shall encourage any involuntary patient to transfer to volun tary status of hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clini cal record. Any involuntary patient who so applies shall be trans ferred to voluntary status of hospitalization immediately, unless the superintendent finds that this would be not in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the superintendent. When such transfer to voluntary status occurs, notice shall be given to the patient and his representatives, and, if the patient was hospitalized under an order of court, to the Court which entered such order.
EMERGENCY ADMISSION
88-504.1. Facility for emergency admission.--Any state-owned or state-operated facility may be designated by the department as an Emergency Receiving Facility. The department shall maintain an Emergency Receiving Facility at Central State Hospital and each Georgia Regional Hospital which shall accept patients from any county under the provisions of Sections 88-504.2 through 88-504.5. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent
FRIDAY, MARCH 14, 1969
1249
of the governing officers of such other facility. No provisions of this Chapter shall be deemed to require any county to construct any facility for the hospitalization or treatment of mental patients.
88-504.2. Admission to an Emergency Receiving Facility.-- (a) Any person being within the State may be admitted under the provisions of subsections (b) and (c) if (1) the person appears to be mentally ill and a danger to himself or others and is conducting himself in a manner which in a person not mentally ill would con stitute a penal offense as defined in Section 88-501 (n), or (2) appears to be mentally ill and is overtly threatening to commit suicide, or (3) has been examined by a physician, within the pre ceding 48 hours, who has executed a certificate stating that the person appears to be mentally ill and is likely to injure himself or others.
(b) The Court of Ordinary may enter an ex parte order stating that a person appears to meet the criteria of subsection (a) and the findings on which that conclusion is based, and may direct that a peace officer take the person into custody and deliver him forthwith to the nearest available Emergency Receiving Facility where such person shall be received for examination. The order of the Court shall be made a part of the patient's clinical record.
(c) Any peace officer may take into custody a person who appears to meet the criteria of subsection (a) and deliver him forth with to the nearest available Emergency Receiving Facility, where he shall be received for examination. The officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report shall be made a part of the patient's clinical record.
88-504.3. Examination in Emergency Receiving Facility.--A patient who is received by an Emergency Receiving Facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given such emergency treat ment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining phy sician concludes that there is reason to believe that the patient may require hospitalization in a Treatment Facility and executes a cer tificate to that effect within 24 hours of the patient's admission to the Emergency Receiving Facility. The physician's certificate shall be served on the patient and his representatives together with writ ten notice that the patient or his representatives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. Within 24 hours of the execution of the phy sician's certificate, the patient shall be transported, as provided for in Section 88-502.14, to an Evaluating Facility where he shall be received under the provisions of Section 88-505.4
88-504.4. Release from Emergency Receiving Facility.--At any time the examining physician concludes that the patient need not be hospitalized or that further evaluation is not necessary, the patient shall be discharged, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer.
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88-504.5. Notice of right to court hearing.--Immediately upon arrival of a patient at an Emergency Receiving Facility under Sec tion 88-504.2, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. The notice of the patient's hospitalization in an Emergency Receiving Facility given to the patient's representatives under the provisions of Section 88-502.15 (a) shall include a clear notification that the representa
tives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11.
ADMISSION FOR EVALUATION
88-505.1. Facility for psychiatric evaluation.--Any state-owned or state-operated facility may be designated by the department as an Evaluating Facility. The department shall maintain an Evaluat ing Facility at Central State Hospital and each Georgia Regional Hospital which shall accept patients from any county under the provisions of Sections 88-505.2 through 88-505.7. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility.
88-505.2. Petition for court-ordered evaluation.-- (a) Any per son may file an application, executed under oath, with the County Health Department for a court-ordered evaluation of a patient located within the county who is alleged to be mentally ill and (1) a danger to himself or others or (2) incapable of caring for his phys ical health and safety. Upon the filing of such an application, the County Health Department shall make a preliminary investigation to determine whether or not there is reason to believe that the sub ject of the application is mentally ill and (1) a danger to himself or others or (2) incapable of caring for his physical health and safety. If the investigation shows that these criteria are met, the County Health Department shall file a petition with the Court of Ordinary in the county where the patient is located, seeking an involuntary admission for evaluation.
(b) Any person may file a petition with the Court of Ordi nary, executed under oath, alleging that a patient within the county is mentally ill and (1) is a danger to himself or others or (2) is incapable of caring for his physical health and safety. The petition
must be accompanied by the certificate of a physician stating that he has examined the patient within the preceding five days and has found that the patient may be mentally ill and in need of hospital ization, and that a full evaluation of the patient is necessary.
88-505.3. Evaluation on court order.-- (a) The Court of Ordi nary shall set a hearing on the petition filed under subsection 88-505.2 (a) or 88-505.2 (b) and shall serve notice of such hearing on the patient and his representatives as provided in Section 88502.15. If service is made in person, the hearing shall be within 48 hours, Saturdays, Sundays and holidays excepted, of the date of service of the notice. If the patient or any representative is served
FRIDAY, MARCH 14, 1969
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by mail, the hearing shall be set within five days, Saturdays, Sundays and holidays excepted, of the date such notice is mailed. A copy of the petition shall be attached to the notice of the time and place of the hearing. In all cases, the Court shall grant a con
tinuance upon application by the patient or his representatives if necessary to permit the patient to prepare for the hearing. Two representatives for the service of the notice provided herein shall be designated by the Court, one of whom shall be selected from the order of listing, other than the person who filed the petition: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing. If two representatives cannot be located after diligent search, the Court shall appoint a guardian ad litem who shall serve as repre sentative. The hearing may be waived in writing by the patient and his representatives. If the hearing is not waived, it shall be held in an informal manner and at a location which will not be harmful to the mental health of the patient. The patient shall have a right to counsel. The Court shall inform the patient of that right and, if the patient is unable to afford counsel, the Court shall appoint counsel. The rules of evidence and formal rules of procedure shall not apply. The Court shall receive all relevant testimony and
evidence.
(b) After a full hearing, or, if the hearing is waived, after a full review of the evidence, if the Court is satisfied that immediate evaluation is necessary, the Court shall issue an order to any peace officer to deliver the patient forthwith to a designated Evaluating Facility. If the Court is satisfied that evaluation is necessary, but that the patient need not be hospitalized immediately for his own safety or that of others, the Court may order the patient to appear at a designated Evaluating Facility at a specified time within three days, Saturdays, Sundays and legal holidays excepted. If the patient fails to appear at the specified time, the order of the Court, counter signed by the superintendent of the Evaluating Facility, or his designee, to show that the person did not appear as ordered, shall authorize and direct any peace officer to take the person into custody and deliver him forthwith to the specified Evaluating
Facility.
88-505.4. Admission to an Evaluating Facility.--Any person who is brought to an Evaluating Facility under the provisions of Section 88-504.3 or appears under a court order as provided in Section 88-505.3 or Section 88-507.3 shall be received for evaluation and such treatment as is indicated by good medical practice.
88-505.5. Evaluation by an Evaluating Facility.--A patient who is admitted to an Evaluating Facility under Section 88-505.4 may be detained for a period not to exceed five days. The staff physi cians of the Evaluating Facility shall encourage the patient to apply for voluntary hospitalization if hospitalization appears desirable, unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that volun tary hospitalization would be harmful to the patient, which find ing shall be entered in the patient's clinical record. Within the five-
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day evaluating period, (a) the patient must be released under Section 88-505.6, or (b) the patient must agree to hospitalization as a voluntary patient, without objection from his representatives, in which case the provisions of this Chapter on voluntary admis sion apply with the date of voluntary admission being set as the sixth day after admission to the Evaluating Facility, or (c) pro ceedings for involuntary hospitalization under Section 88-506.3, must be initiated unless the patient was received by the Evaluating Fa cility under Section 88-507.3, in which case the patient must be re turned to the jurisdiction of the Court.
88-505.6. Power to discharge patient.--At any time the patient is found not to require hospitalization or further detention for evaluation, the Evaluating Facility shall discharge the patient, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer authorized by law to take the patient into custody. Notice of the discharge shall be given to the patient and his representatives, as provided in Section 88-502.15, and (a) if the patient was admitted to the Emergency Receiving Facility under subsection 88-504.2 (b), to the Court which entered the order; (b) if the patient was taken into custody under subsection 88-504.2 (c), to the agency which took the patient into custody; and (c) if the admission to the Evaluating Facility was under Section 88-505.3 or Section 88-507.3, to the Court which ordered the evaluation.
88-505.7. Power to transfer.--Any patient admitted to an Evaluating Facility may apply to the superintendent of that fa cility for transfer at his own expense to any other approved Evalu ating Facility. If the Evaluating Facility to which transfer is re quested agrees to admit the patient, he shall be transferred forth with. In such case, the provisions of Section 88-505.5 shall apply and the time periods specified shall be counted from the date of admission to the Evaluating Facility to which the patient is trans ferred. Notice of the transfer shall be given to the patient's repre sentatives, as provided in Section 88-502.15, at the time of transfer and, if the patient was admitted to the Evaluating Facility under Section 88-505.3 or Section 88-507.3, to the Court which ordered the evaluation.
INVOLUNTARY HOSPITALIZATION;
NONOBJECTING HOSPITALIZATION
88-506.1. Criteria for nonobjecting or involuntary hospitaliza tion. A person being within the State may be hospitalized under Section 88-506.2 through 88-506.8 if he is mentally ill and is (a) likely to injure himself or others if not hospitalized or (b) incapable of caring for his physical health and safety.
88-506.2. Facility for treatment.--Any state-owned or stateoperated facility may be designated by the department as a Treat ment Facility. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility.
FRIDAY, MARCH 14, 1969
1253
88-506.3. Admission to a Treatment Facility.--A patient may be hospitalized in a Treatment Facility under the provisions of this Section and Section 88-506.4 only upon recommendation of the superintendent of an Evaluating Facility where the patient has been examined, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the criteria of Section 88-506.1 are met. Such recom mendation of the superintendent and opinions of the physicians shall be entered on a hospitalization certificate, which certificate shall authorize the patient to be retained by the Evaluating Fa cility pending transfer to a Treatment Facility or completion of a hearing under Section 88-506.4. The certificate shall be filed with the department and copies shall be served on the patient and his representatives, as provided in Section 88-502.15, accompanied by: (a) a plain and simple notice that the patient or his repre sentatives may apply for a hearing on the issue of the patient's need for hospitalization; (b) a petition for such hearing which requires only the signature of the patient or his representatives for completion; (c) a notice that the petition may be filed in the Court of Ordinary in the county in which the patient is hospitalized at the time the certificate is executed or in the county of residence of the patient, and the address of such Courts; and (d) a notice that the patient or his representatives may apply immediately to the Court of Ordinary to have counsel appointed if the patient cannot afford counsel. This petition may be filed at any time within six months of the date of the certificate. If no petition for a hearing is filed within five days after the certificate is served on the patient's representatives, the certificate shall
serve as authorization for the patient to be transported to a Treat ment Facility as provided in Section 88-502.14, and as authoriza tion to the Treatment Facility to admit the patient for care and treatment. The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months from the date of admission. If continued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.6.
88-506.4. Procedure if Hearing is Requested.--If a petition for a hearing is filed, the Court of Ordinary shall serve notice on the superintendent of the facility in which the patient is hospitalized and shall hold the hearing within five days unless the Court grants a continuance for good cause. The patient, his representatives, or the superintendent of the facility where the patient is hospitalized may apply for a change of venue for the convenience of parties or witnesses or because of the condition of the patient. A change of venue may be ordered within the discretion of the Court. The patient shall have a right to counsel. The patient and his repre sentatives shall be informed of this right by the Court and, if the patient cannot afford counsel, the Court shall appoint counsel. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Court, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Court's action. The Court shall receive all relevant testimony and evidence. One of the physi-
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cians who executed the certificate in Section 88-506.3 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Court concludes that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall order the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment. The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months. If continued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such con tinued hospitalization under Section 88-506.6.
88-506.5. Hearing Examiner.--(a) One or more Hearing Ex aminers shall be appointed by the Justices of the Supreme Court to hold the hearings provided under Section 88-506.6. Such Hearing Examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
(b) The Hearing Examiners shall have the authority to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas;
(3) Rule upon offers of proof;
(4) Regulate the course of the hearing;
(5) Provide for the taking of testimony by deposition;
(6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Hearing Examiner.
(c) If a subpoena issued by the Hearing Examiner is dis obeyed, the Hearing Examiner may apply to the Superior Court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) In the event a patient cannot afford counsel in a hearing before the Hearing Examiner, the Hearing Examiner shall apply to the Superior Court of the county in which the hearing is held and that Court shall appoint counsel for the patient.
(e) An order of the Hearing Examiners rendered in a hearing in Section 88-506.6 may be appealed to the Superior Court of the county in which the hearing was held in the manner provided by Section 88-502.16 for appeals from orders of the Courts of Ordinary.
88-506.6. Procedure for Continued Hospitalization.--(a) If con tinued hospitalization of a patient is necessary, the superintendent shall, prior to the expiration of the period during which the Treat-
FRIDAY, MARCH 14, 1969
1255
ment Facility is authorized to retain the patient by the provisions of this Chapter, apply for an order authorizing such continued hospitalization under the provisions of subsection (c).
(b) If the superintendent finds that continued hospitalization is necessary (1) for an individual who was admitted while serving a criminal sentence, but whose sentence is about to expire, or (2) for an individual who was hospitalized while under the jurisdiction of a Juvenile Court, but who is about to reach the age of 21, the superintendent shall apply for an order authorizing such continued hospitalization under subsection (2) and the provisions of this Chapter shall apply fully to such patient after that time.
(c) (1) The superintendent may seek an order authorizing con tinued hospitalization by filing a petition therefor in the Court of Ordinary in the county of the patient's residence and serving such petition on the patient and his representatives, as provided in Sec tion 88-502.15. The petition shall contain a plain and simple state ment that (i) the patient or his representatives may file a request for a hearing with the Court within fifteen days after service of the superintendent's petition and that (ii) if the patient cannot afford counsel, upon request by the patient, counsel will be ap pointed immediately by the Court of Ordinary in the county where the Treatment Facility is located or, upon request by the patient's representatives, in the county of the patient's residence.
(2) If a hearing is not requested within fifteen days of service of the petition on the patient and his representatives, the Court may order continued hospitalization if satisfied that such hos pitalization is necessary. Such order shall authorize the Treatment Facility to retain the patient for a period not to exceed one year.
(3) If a hearing is requested within fifteen days of service of the petition on the patient and his representatives, the Court of Ordinary in the county of the patient's residence shall serve notice on the superintendent and shall transmit the petition and the re quest for a hearing to the office of the Hearing Examiner. The Hearing Examiner shall set a time and place for the hearing to be held within ten days of the time the Hearing Examiner receives the petition. Notice of the hearing shall be served on the patient and his representatives as provided in Section 88-502.15. The Hear ing Examiner may grant a continuance for good cause. The patient or his representatives may apply for a change of venue for the convenience of parties or witnesses. A change of venue may be ordered within the discretion of the Hearing Examiner. The patient shall have a right to counsel. The patient and his representatives shall be informed of this right by the Hearing Examiner and, if the patient cannot afford counsel, counsel shall be appointed as pro vided in Section 88-506.5 (d). The hearing shall be held in as in formal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Hearing Examiner, the public may be excluded from the hearing and the patient need not be present if his at torney consents; in either of these events, however, the record shall
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reflect the reason for the Hearing Examiner's action. The Hearing Examiner shall receive all relevant testimony and evidence. At least one physician attending the patient at the Treatment Facility shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Hearing Examiner concludes that the patient requires continued hospitalization, the Hearing Examiner shall so order and the Treat ment Facility shall thereby be authorized to retain the patient for a period not to exceed one year.
88-506.7. Power to discharge patient.--At any time a patient is found by the superintendent no longer to meet the criteria of Section 88-506.1, the superintendent may (a) discharge the patient, unless the patient is under criminal charges, in which case he shall be placed in the custody of a peace officer duly authorized by law to take the patient into custody; or (b) transfer the patient to voluntary status at the patient's request as provided in Section 88-503.5; or (c) place an improved patient, except patients under a criminal charge, on convalescent status as provided in Section 88-506.8. Notice of the discharge or the transfer of status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order.
88-506.8. Convalescent status; rehospitalization.--The superin tendent of the Treatment Facility may place an improved patient on convalescent status when he believes that such action is in the best interest of the patient. Notice of the patient's placement on convalescent status shall be given to the patient and his representa tives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order. Placement on convalescent status shall include provisions for con tinuing responsibility to and by the facility, including a plan of treatment on an out-patient basis. The superintendent of the fa cility from which the patient is given convalescent status may, at any time during the continuance of such convalescent status, rehospitalize the patient when the condition of the patient requires. On application by the superintendent to the Court of Ordinary in the county where the patient is found, the Court shall issue an
order directing that the patient be transported to the Treatment Facility as provided in Section 88-502.14. The convalescent status
shall automatically expire at the end of the period during which
the Treatment Facility was authorized to retain the patient under
the provisions of this Chapter, unless the superintendent, upon de
termining that further hospitalization may be required if the con
valescent status is not continued, shall apply for an order autho
rizing the continuance of the convalescent status for an additional
period not to exceed one year. Such application for continuance of
convalescent status shall be filed in the manner provided for in
subsection 88-506.6 (c) (1) and proceedings shall be conducted as
provided in subsections 88-506.6 (c) (2) and 88-506.6 (c) (3) to
determine whether or not the patient's condition requires the con
valescent status to be continued.
FRIDAY, MARCH 14, 1969
1257
JUDICIAL HOSPITALIZATION
88-507.1. Criteria for judicial hospitalization.--A person may be hospitalized under Section 88-507.2 and 88-507.3 if he is men tally ill, and he is (a) likely to injure himself or others if not hos pitalized or (b) incapable of caring for his physical health and safety.
88-507.2. Petition for judicial hospitalization.--Any person may file a petition, executed under oath, in the Court of Ordinary in the county where the patient is found, alleging that the criteria of Section 88-507.1 are met. The petition shall be accompanied by the certificate of a physician stating that the physician has ex amined the patient within the preceding five days and that the criteria of Section 88-507.1 are met.
88-507.3. Procedure for hearing.--(a) The Court of Ordinary shall enter the names and addresses of representatives of the pa tient on the petition. The patient may designate one representa tive; a second representative or, in the absence of designation of one representative by the patient, two representatives, shall be se lected by the Court, one of whom shall be selected from the follow ing in the order of listing, other than the person who executed the petition under Section 88-507.2: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing. The Court shall make diligent efforts to secure names and addresses of two representatives for the patient as provided for herein. If the Court is unable to secure such representatives after diligent search, that fact shall be entered in the record of the case, and the Court shall appoint a guardian ad litem. Such guardian ad litem shall act as representative of the patient.
(b) The Court shall issue a commission directed to three repu table persons, two of whom shall be practicing physicians in good standing, said physicians to be residents of the county, if that number reside therein, and the county attorney, or some attorney of the county appointed by said county attorney (or, in the case of disqualification of the county attorney, an attorney appointed by the Court), or the solicitor of any city court located in said county, and if no county attorney or solicitor of said city court, the district attorney of the circuit or some attorney of the county appointed by him. The Commission shall be sworn to examine the patient ac cording to the best of its ability and to report to the Court its find ings as to the mental condition of said patient and as to his need for hospitalization.
(c) The Court shall set a date for the hearing within five days of the time the petition is filed unless a continuance is granted for good cause. Notice of the hearing shall be served on the pa tient and his representatives in person or by registered or certified mail. The notice shall be accompanied by a plain and simple state ment that the patient is entitled to counsel and that, if the patient
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cannot afford counsel, the Court will appoint counsel on request by the patient or his representative.
(d) The Court may at any time during the proceedings order the sheriff of such county to take the patient in custody, if deemed necessary for the protection of the patient, or others, and provided that an affidavit is submitted by a physician that said patient is violent or for other reasons is liable to do physical harm to him self or others. It shall be the duty of the Court to have such patient examined within 24 hours by the county physician or a physician who is in active practice and who maintains a permanent office.
(e) At any time during the pendency of the proceedings, at the request of the patient or his representatives, the Court shall order the patient to be examined by a designated Evaluating Fa cility. Upon such order, the patient shall be taken to the Evaluat ing Facility under the provisions of Section 88-502.14, where he shall be received under the provisions of Section 88-505.4.
(f) At the time of the hearing, the Court shall inform the patient and his representatives of his right to counsel if counsel has not been employed or appointed. If the patient or his repre sentatives request, the Court shall allow sufficient time for counsel to be employed and prepare for the case. If the patient cannot af ford counsel, the Court shall appoint counsel and shall allow the appointed counsel sufficient time to prepare for the case. The hear ing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. The Commission shall receive all relevant testimony and evidence. The physician who executed the certificate filed with the Court under Section 88-507.2 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit.
(g) Said examining committee shall file its written report with the Court within five days after completion of the examination hearing. If said examining committee's report is not unanimous to the effect that it finds the patient to be mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court without taking further action shall terminate the pro ceedings and dismiss the petition.
(h) If the examining committee unanimously reports that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall enter an order authorizing hospitalization of the patient. If the examining com mittee was convened by the Court under Section 88-507.3 (b), the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment.
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If the examining committee was convened by the Court under Section 49-610, the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to an Evaluat ing Facility where he shall be admitted for evaluation. The patient may be detained in the Evaluating Facility for five days. If two physicians who have examined the patient within that five-day period conclude that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, they shall execute a hospitalization certificate stating such conclusion. The patient shall then be transferred to a Treatment Facility, where he shall be admitted for care and treatment, if the superintendent of the Evaluating Facility so recommends by endorsing such recom mendation upon the hospitalization certificate. The certificate shall be filed with the department and copies shall be served on the patient and his representatives as provided in Section 88-502.15. If a hospitalization certificate is not executed within the five-day period during which the Evaluating Facility is authorized to detain the patient or if the superintendent of the Evaluating Facility does not recommend that the patient be transferred to a Treatment Facility, the patient shall be discharged forthwith under the pro visions of Section 88-505.6.
(i) The hospitalization order and the report of the examining committee shall be delivered by the Court to the facility to which a patient is admitted under subsection (h) at or before the time the patient is admitted and shall be made a part of the patient's clinical record.
(j) The Treatment Facility may retain a patient admitted un der this Section for a period not to exceed six months. If continued hospitalization is necessary at the end of that period, the superin tendent shall apply for an order authorizing such continued hos pitalization under Section 88-506.6.
GENERAL PROVISIONS
88-508.1. Authority of department to issue regulations.--The department is hereby authorized to issue and enforce regulations to implement the provisions of this Chapter in accordance with the intent of this Chapter to safeguard the rights of the mentally ill. In addition to the other powers provided by this Chapter, the de partment shall have the authority to prescribe the forms of appli cations, records, medical certificates, and any other forms required or used under the provisions of this Chapter and the information required to be contained therein, to require such reports from superintendents as it may find necessary to the performance of its duties or functions, to visit regularly to review the hospitalization procedures applied to all patients, to determine the care and treat ment being given any and all patients, to investigate complaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appropriate to carry out the provisions of this Chapter: Provided, however, that the requirements of this Section as to determination of treatment and
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care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Veterans Administration or other fed eral agency.
88-508.2. Expenses of hearings; how paid.--(a) The Ordinary shall draw his warrant upon the treasury of his county for such sum or sums as shall be actually necessary or requisite to defray the expense of proceedings pursuant to this Chapter and the serv ices of any attorney appointed to represent a patient before the Court as provided for in this Chapter. Provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the Superior Court shall be the same as provided for in other appeals from the Court of Ordinary.
(b) The total costs to be paid to the Court of Ordinary for a hearing provided for under Sections 88-505.3 and 88-506.4 shall be the sum of $40.00.
(c) For the hearing under Section 88-507.3 the sum to be paid to the members of the examining committee shall not exceed $10.00 and actual expenses to each member. The total costs to be paid to the Court of Ordinary for such hearing shall be the sum of $25.00.
(d) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient shall not exceed $10.00 and actual expenses. In exceptional circum stances, the attorney may apply to the Superior Court of the judicial circuit in which the hearing was held for an order granting reason able fees in excess of the amount specified herein.
88-508.3. Compelling attendance of witnesses.--The Court of Ordinary may issue subpoenas for witnesses to appear in proceed ings authorized by this Chapter and on failure of the witnesses to attend may compel attendance in the manner provided by law.
88-508.4. Procedure upon discovery that individual is a non resident.--If a hospitalized patient is discovered not to be a 'resi dent' as defined in Section 88-501 hereof, the superintendent of the Treatment Facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the State of his resi dence or to a publicly-owned or publicly-operated psychiatric hos pital in the State of his residence. Provided, that nothing contained in this Section shall prevent the voluntary hospitalization of such individual under this Chapter for which due payment is made by such individual or others on his behalf or prevent the transfer, cus tody, care, or treatment of such individual in accordance with the terms of a reciprocal agreement between the State of Georgia and any other State, the District of Columbia, or Territory or Pos session of the United States. This Section shall not apply to per sons confined to any facility operated by or under the control of the United States Veterans Administration or other federal agency.
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88-508.5. Hospitalization by an agency of the United States.-- (a) If a patient ordered to be hospitalized pursuant to this Chap ter is eligible for hospital care or treatment by the United States Veterans Administration, the department, upon receipt of a certifi cate from such hospital showing that facilities are available and that the patient is eligible for diagnosis, care, or treatment therein, may transfer him to the custody of such agency for hospitalization. When any such patient is admitted under this Section to any such hospital or institution within or without the State, he shall be sub ject to the rules and regulations of such agency. The chief medical officer of any hospital or institution operated by such agency in which the individual is so hospitalized shall with respect to such individual be vested with the same powers and duties as the super intendents of facilities within this State with respect to all matters within the provisions of this Chapter. Jurisdiction is retained in the appropriate Courts of this State at any time to inquire into the mental condition of an individual so hospitalized, and to deter mine the necessity for continuance of his hospitalization, and to order his release and every transfer of a patient by the department pursuant to this Section is so conditioned.
(b) An order of a Court of competent jurisdiction of another State, Territory, or Possession, or of the District of Columbia authorizing hospitalization. of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situated the Court entering the order; and the Courts of the State, Territory, Posses sion or District issuing such order shall be deemed to have retained jurisdiction of the patient so hospitalized, for the purpose of in quiring into his mental condition and of determining the necessity for continuance of his hospitalization, as is provided in subsection (a) of this Section with respect to patients ordered hospitalized by the Courts of this State. Consent is hereby given to the application of the law of the State, Territory, Possession or District in which is located the Court issuing the order for hospitalization with re spect to the authority of the chief medical officer of any hospital or institution operated in this State by the United States Veterans Administration or other federal agency to retain custody, transfer, furlough, or discharge the patient hospitalized: Provided, however, that the provisions of this subsection shall apply only to hospitali zation in any hospital or institution operated in this State by the United States Veterans Administration or other federal agency.
88-508.6. Private facilities.--Any private facility within this State may be approved as a Private Emergency Receiving Facility, a Private Evaluating Facility, or a Private Treatment Facility by the department at the request of or with the consent of the gov erning officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under the provisions of this Chapter on Voluntary Admission, Emergency Admission, Admission for Evaluation and Involuntary or Nonobjecting Hospitalization, and shall have all duties and obligations of such facilities imposed by this Chapter except that any such private facility may decline to accept any patient who is unable to pay for hospitalization in such private
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facility or for whom space is not available in such private facility. The Courts of Ordinary may order or authorize a patient to be hospitalized in any such private facility under this Chapter only with the prior agreement of such private facility to receive the patient, and with the approval of the patient and his representa tives.
88-508.7. Validity of prior hospitalization orders.--No hospitalization of a mentally ill person, lawful before the effective date of this Chapter, shall be deemed unlawful because of the en actment of this Chapter. The department is authorized to establish reasonable regulations to require that the superintendent of each Treatment Facility apply under Section 88-506.6 for an order autho rizing continued hospitalization of any patient, for whom such hospitalization is necessary, who was initially hospitalized under an order of a Court of Ordinary prior to the effective date of this Chapter. Such prior orders of hospitalization entered by the Courts of Ordinary unless superseded by an order under this Chapter, shall remain valid until one year following the effective date of this Section, after which all such orders shall be null and void and of no effect.
88-508.8. Expenses for transporting and examining patients.-- The responsibility for paying the expenses for transporting pa tients and the expenses for examining and caring for patients which are not provided for under an Act approved March 23, 1960 (Ga. Laws 1960, p. 1138), relating to the payment of costs of care of persons admitted to State institutions under the Georgia Depart ment of Public Health, as amended, shall be in the following order:
(a) The patient or his estate;
(b) Persons legally obligated or legally responsible for the support of the patient;
(c) The county of the patient's legal residence, provided that the county governing authority passes an appropriate resolution assuming such responsibility;
(d) The department when the General Assembly appropriates, funds for such purpose.
The department is hereby authorized to issue rules and regu lations governing the provisions of this Section as it relates to said department."
Section 2. Code Section 24-1901, relating to the subject matter jurisdiction of the Court of Ordinary, is hereby amended by striking1 the following:
"9. The issuing of commissions of lunacy in conformity tolaw.",
and inserting in lieu thereof the following:
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"9. All such matters as may be conferred on them by Chap ter 88-5."
Section 3. Code Chapter 49-6, relating to the appointment of guardians, is hereby amended by striking Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611 in their entirety and inserting in lieu thereof new Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611, to read as follows:
"49-604. Procedure for appointment of a guardian.--Guardians for persons who are mentally ill, mentally retarded, or mentally incompetent to the extent that they are incapable of managing their estates may be appointed by the several Ordinaries as follows:
(a) (1) At any time during procedures for the hospitalization of a patient under Chapter 88-5 or while a patient is hospitalized under such Chapter, any person in interest may file a petition under oath with the Court of Ordinary in the county of the pa tient's residence for the appointment of a guardian of the person or the property of the patient or both. The Court shall serve notice of the petition on the patient and his representatives under the provisions of Section 88-502.15. Upon the filing of such petition, the Court may request from the superintendent of any hospital where the patient is hospitalized an evaluation to determine whether or not the patient is mentally ill to the extent that he is incapable of managing his estate.
(2) If the patient is hospitalized in an Evaluating Facility and if the Court, upon an affidavit of the superintendent of the Evaluating Facility stating that the patient is mentally ill and incapable of managing his estate, finds that a guardian must be appointed immediately in order to protect the estate, the Court may enter an ex parte order appointing a temporary guardian to serve so long as the patient is in the Evaluating Facility. Such guardianship shall terminate automatically upon transfer or dis charge of the patient from the Evaluating Facility.
(3) Unless only a temporary guardianship is sought under the provisions of subsection (a) (2), the petition filed under subsection (a) (1) shall be supported by the affidavit of a physician stating that the patient is mentally ill and incapable of managing his estate and the Court shall conduct a hearing under the procedures specified in Section 88-506.4, if hospitalization of the patient is being sought under Section 88-506.3; under the procedures speci fied in Section 88-507.3, if hospitalization is being sought under Section 88-507.2; or under the procedures specified in subsection 88-506.4 if the patient is then hospitalized in a Treatment Facility. The Court may combine in one proceeding the hearings on the issue of hospitalization and on the issue of the appointment of a guardian. If the finding in such a hearing is that the patient is mentally ill to the extent he is incapable of managing his estate, the Court may appoint a guardian of the person or property of the patient or both. In such event the Court shall enter a written opin ion stating its findings of fact.
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(b) In the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, upon the filing of a petition under oath alleging that the person is mentally incompetent, resulting from mental illness or other causes, and is incapable of managing his estate, with a physician's cer tificate to like effect being attached to such application, the Court of Ordinary of the county in which the allegedly mentally incom petent person is found shall take jurisdiction. Thereafter, a hearing shall be held as provided in Section 88-507.3, and if the Commission finds that the person is mentally ill and incapable of managing his estate, the Court may appoint a guardian of the property or the person or both, provided that the Court shall not order the allegedly mentally incompetent person hospitalized. Guardians of persons mentally incompetent due to illness or other causes are authorized to arrange for a suitable place for their custody, care, treatment, or hospitalization in a humane manner, or to hospitalize them under the provisions of Section 88-503.1 if such a course shall be necessary in the interest of the welfare of such person or of the welfare of others of the community in which such person resides.
"49-605. Notice to Ordinary of discharge from a Treatment Facility; subsequent order by Ordinary; procedure for termination of guardianship when ward is not hospitalized or if ward is re stored to mental health to the extent he can manage his estate but remains hospitalized.--(a) Any person who has been involun tarily hospitalized under Section 88-506.3, 88-506.4, or 88-507.3, or
voluntarily hospitalized by his guardian under Section 88-503.1 for whom a guardian has been appointed and who has been discharged from the Treatment Facility as being restored to mental health shall be deemed to be restored to mental health to the extent that he is capable of managing his estate and no longer in need of a guardian. The superintendent of the Treatment Facility, upon the release of the person restored to mental health shall notify the Court of Ordinary which appointed the guardian of such person. The judge of the Court of Ordinary, before the expiration of 30 days from the date of receipt of said notice shall enter an order declaring such person restored to mental health and capable of managing his estate and the guardian of such person shall forth with deliver over to such person his property, money and other effects in the hands of such guardian.
(b) Any person who has been restored to mental health to the extent that he is capable of managing his estate after having had a guardian appointed for his person or property may, per sonally or by attorney, petition the Ordinary of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment terminating the guardianship. Such petition may be brought even though such person is still subject to an order of hospitalization under Chapter 88-5. Such petition shall be accompanied by a certificate of a physician stating that he has personally examined such person and is of the opinion that such person is no longer mentally ill to the extent that he is in capable of managing his estate. Thereafter, upon notice to the guardian and the representatives of such person as required by Section 88-507.3, a hearing shall be set on the issue of whether
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such person is no longer mentally ill to the extent that he is in capable of managing his estate. If the guardianship was ordered following a hearing under Section 88-506.4, the hearing on the termination shall be held under the procedures of Section 88-506.4. If the guardianship was ordered following a hearing under Section 88-507.3, the hearing on the termination shall be held under the procedures of Section 88-507.3. The Court of Ordinary shall enter its order either denying or granting such petition, with further rights of appeal from the order of the Court of Ordinary as pro vided in Section 88-502.16.
"49-606. Validity of prior guardianships.--No guardianship, lawful before the date of the amendment of Section 49-604 by this Act, shall be deemed unlawful because of said amendment, and any such guardianship shall continue subject to the provisions for termination of guardianship as provided in Section 49-605. It is the intent of this Section that from the effective date of Chapter 88-5 all orders respecting the guardianship of the mentally ill shall be governed by the provisions of this Chapter but that no new pro ceedings need be instituted for the continuation of guardianships pursuant to laws existing prior to the effective date of Chapter 88-5.
"49-610. Examining committee in certain counties.--In any county where there shall be only one physician licensed to prac tice medicine under the Georgia Medical Practice Act (Chapter 84-9) residing in the county, the committee provided for in Section 49-604 and Section 88-507.3 may be a committee of six reputable persons, one of whom shall be such physician and the remaining five shall be qualified jurors of the county not related to any person at interest in said cause. If no physician is available, an examining committee of six reputable persons who are residents of the county and qualified jurors thereof shall be appointed. The examining committee appointed as provided herein shall make an examination and report its findings as provided in Section 49-604 and Section 88-507.3.
"49-611. Compensation; how paid.--The Ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in Section 49-610 in the same sum or sums as provided for in Section 88-508.2, except that the members qualified as jurors of the county shall be paid the same as paid for traverse jury duty in the county of hearing."
Section 4. Said Code Chapter 49-6 is further amended by repeal ing Code Section 49-612, relating to the confinement of insane persons, in its entirety.
Section 5. The provisions of Sections 88-502.1 through 88-502.18, relating to the rights of patients of Section 1 of this Act and Section 4, relating to repealing Code Section 49-612, shall become effective on June 1, 1969. All other provisions of this Act shall become effective on January 1, 1970.
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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 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Vann of the 10th moved that HB 1 be immediately transmitted to the House.
On the motion, the ayes were 29, nays 0, and the motion prevailed.
The following general resolution, favorably reported by the committee, was read the third time, and put upon its passage:
SR 108. By Senators Reeder of the 55th, Trippe of the 31st, Vann of the 10th and others:
A resolution authorizing the cancellation and exchange of certain ease ments held by the State Highway Department acquired in conjunction with Georgia Highway Project F 010-2 (10) formerly PAP 449-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 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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Senator Reeder of the 55th moved that SR 108 be immediately transmitted to the House.
On the motion, the ayes were 37, nays 0, and the motion prevailed.
The following report of a standing committee was read by the secretary:
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to> the Senate with the following recommendations:
SB 221. Do not pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Smith of the 34th gave notice that at the proper time he would move that the Senate disagree with the report of the Committee on Judiciary on the following bill:
SB 221. By Senators Smith of the 34th and Abney of the 53rd:
A bill to amend an Act fixing the salaries of the judges of the Superior Courts, so as to place a limitation upon the compensation which may be received by a judge of the superior court; to repeal conflicting laws;, and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
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HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon; and for other purposes.
HB 797. By Messrs. Rush and Salem of the 51st, Black of the 45th, Hudson of the 48th, Hargrett of the 58th, Blalock of the 30th, Chandler of the 34th, Rowland of the 42nd and Colwell of the 5th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to State Board of Corrections and to prisons, public works camps, etc., so as to provide that it shall be unlawful for any person to come inside guard lines at penitentiaries in Georgia with amphetamines, biphetamines, inhalers or any other hallucinating or intoxicating substances; and for other purposes.
HR 250. By Mrs, Merritt of the 46th:
A resolution authorizing and directing the State Highway Department to name U.S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; and for other purposes.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 274. By Messrs. Roach, Poole and Harris of the 10th and Wood of the llth:
A bill to amend an Act providing for one additional judge of the supe rior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 14, 1969
126&
HB 559. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend the Code of Georgia of 1933, so as to delete from Titles34 and 34A, relating to elections, those provisions thereof which have been suspended pursuant to the provisions of the "Voting Rights Act of 1965" (Public Laws 89-1110; 79 Sta. 437); and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of consideringthe report of a Committee of Conference thereto:
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th: A bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physicallyhandicapped; and for other purposes.
The report of the Committee of Conference was as follows:
CONFERENCE COMMITTEE REPORT ON HB 260
The Conference Committee on HB 260 recommends the following:
(1) That the House recede from its position and that the Senate amendment be adopted.
Respectfully submitted,
FOR THE SENATE Is/ Paul C. Broun
Paul C. Broun Senator, 46th District /s/ M. J. Padgett M. J. Padgett Senator, 23rd District
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/a/ Ed Reeder Ed Reeder Senator, 55th District
FOR THE HOUSE OF REPRESENTATIVES
/s/ R. Luke DeLong R. Luke DeLong Representative, 80th District
/s/ William A. Sims, Jr. William A. Sims, Jr. Representative, 106th District
/s/ Regnald Maxwell, Jr. Regnald Maxwell, Jr. Representative, 78th District
Senator Broun of the 46th moved that the Senate agree to the report of the Committee of Conference to HB 260.
On the motion, the ayes were 33, nays 0.
The motion prevailed, and the report of the Committee of Conference was agreed to.
The following bills and resolution were read the first time and referred to committees:
HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclu sions of law thereon; and for other purposes. Referred to Committee on Judiciary.
HB 797. By Messrs. Rush and Salem of the 51st, Black of the 45th and others: A bill to amend an Act revising the laws relating to State Board of Corrections and to prisons, public works camps, etc., so as to provide that it shall be unlawful for any person to come inside guard lines at penitentiaries in Georgia with amphetamines, biphetamines, inhalers or any other hallucinating or intoxicating substances; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
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HR 250. By Mrs. Merritt of the 46th:
A resolution authorizing and directing the State Highway Department to name U. S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; and for other purposes.
Referred to Committee on Highways.
The following bill of the Senate was taken up for the purpose of consider ing House action thereto:
SB 136. By Senator Broun of the 46th: A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, as amended, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; to repeal conflicting laws; and for other purposes.
The House amendments were as follows:
No. 1
Special Judiciary Committee moves to amend SB 136 as follows:
By striking all the words in the last sentence of Section 1, Code Section 27-2053, sub-head (b) and inserting in lieu thereof the fol lowing:
"If the jury cannot, within a reasonable time, agree on the punishment, the judge shall declare a mistrial on the trial of the matter of punishment, and a trial of the defendant on the issue of punishment alone shall be promptly held; provided, however, that the judge shall in no instance impose the death penalty when the jury cannot agree upon the punishment."
Senator Smalley of the 28th offered the following amendment to the com mittee amendment:
Senator Smalley of 28th District moves to amend SB 136, House Amendment No. 1 by striking the figure "27-2053" where it appears, and inserting in lieu thereof the figure "27-2503".
On the adoption of the amendment to the House amendment, the ayes were 35, nays 0, and the amendment was adopted.
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No. 2
Mr. Levitas of the 77th offered the following amendment:
Amend SB 136 by adding a new subsection in the quoted section as follows:
"(c) If the trial court is reversed on appeal because of error only in the pre-sentence hearing, the new trial which may be ordered shall apply only to the issue of punishment."
No. 3
Mr. Levitas of the 77th offered the following amendment:
Amend SB 136 by striking the word "testimony" in the 12th line of quoted subsection (a) and in the 8th line of quoted subsection (b) and inserting in lieu thereof the word "evidence".
No. 4
Mr. Jones of 84th moves to amend SB 136 by striking the words "or nolo contendere" in the 6th and 7th lines of the second paragraph of subsection (a) of quoted Code Section 27-2503 and also by striking the words "or nolo contendere" in the 10th and llth lines of subsection (b) of said quoted Code Section.
No. 5
Mr. Harris of 77th moves to amend SB 136 by striking from the end of subparagraph (2) of Section 1 the words:
"Provided, however, the court shall not sentence a defendant to death without a trial by jury".
Senator Smalley of the 28th moved that the Senate agree to the House Amendment 1, as amended by the Senate, and agree to Amendments Nos. 2, 3, 4, and 5.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
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 ibill of the House, to-wit:
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HB 551. By Messrs. Farrar and Thomason of the 77th:
A bill to amend an Act known as the "State Council for the Preservation of Natural Areas", so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas Commission as a State agency and a budget unit of the State government; and for other pur poses.
The following bill was read the first time and referred to committee:
HB 551. By Messrs. Farrar and Thomason of the 77th:
A bill to amend an Act known as the "State Council for the Preservation of Natural Areas", so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas Commission as a State agency and a budget unit of the State government; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
The following resolution was read and adopted:
SR 120. By Senator Starr of the 44th:
A resolution commending the Honorable Jackson Bailey; and for other purposes.
The following resolution was read:
SR 122. By Senator Coggin of the 35th: A resolution relative to adjournment; and for other purposes.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was .adopted.
The following reports of standing committees were read by the secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
1274 Mr. President:
JOURNAL OF THE SENATE,
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 117. Do pass.
HB 144. Do pass.
HB 333. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Smith of the 18th 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 resolution of the House and has in structed me, as Chairman, to report the same back to the Senate with the follow ing recommendations:
HR 178. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 436. By Mr. Vaughn of the 74th: A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
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Senator Smalley of the 28th moved that the Senate insist on its amendments to HB 436.
On the motion, the ayes were 33, 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 791. By Messrs. Thompson of the 86th, Felton of the 95th, Jones of the 59th and others: A bill to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide for the exclusive procedure for modifying such judgment shall be by a proceeding instituted in a court 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Smalley of the 28th moved that HB 791 be immediately transmitted to the House.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
HB 331. By Messrs. Dean of the 76th, Ezzard of the 102nd, Hood of the 99th and others: A bill to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed or national origin of the person upon whom the arrest is being made; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
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JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 32, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th and others:
A bill to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.
Senator Smalley of the 28th moved that HB 61 be postponed to Monday,, March 17th.
On the motion, the ayes were 22, nays 15, and the motion prevailed.
HR 227. By Messrs. Brantley of the 114th and Vaughn of the 74th:
A resolution authorizing the conveyance of certain real property in. Fulton County, Georgia in exchange for certain other real propertylocated in 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 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 106. By Senators Plunkett of the 30th and Holloway of the 12th:
A resolution expressing the desire of the General Assembly that the architects who hereafter design public buildings be encouraged to plan their designs in such a manner that the buildings can effectively be used as fallout shelters; 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.
FRIDAY, MARCH 14, 1969
1277
The resolution, having received the requisite constitutional majority, was adopted.
SB 257. By Senator Garrard of the 37th:
A bill to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, as amended, so as to change the circumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses, dependent and minor children; and for other purposes.
The report 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 communications from His Excellency, Governor Lester Maddox, were read by the secretary:
March 13, 1969
Honorable George T. Smith Lieutenant Governor (President ol the Senate)
and
Members of the Senate State Capitol Atlanta, Georgia
Gentlemen:
In accordance with Article V, Section I, Paragraph XI of the Consti tution of the State of Georgia, I report to you as follows:
Subsequent to the adjournment of the General Assembly on the 8th day of March, 1968, to the date of this communication, there have been no convictions for treason in the State of Geeorgia. Therefore, I was not called upon to suspend the execution of a sentence for treason.
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JOURNAL OF THE SENATE,
In accordance with Article V, Section I, Paragraph XI of the Constitution of the State of Georgia, I further report to you as follows:
On February 15, 1968, I granted a stay of execution in the case of the State of Georgia v. Walter C. Collier. Collier was sentenced to death by electrocution in February 23, 1968, after con
viction of Murder in the Superior Court of Colquitt County. The sentence was stayed for a period of sixty days in order that the State Board of Pardons and Paroles could have additional time in which to hear and pass upon said case.
On February 9, 1968, I granted a stay of execution in thecase of the State of Georgia v. Joseph Bonaparte. Bonaparte was sentenced to death by electrocution on November 10, 1967, after conviction of Rape in the Superior Court of Chatham County. Thesentence was stayed for a period of sixty days on November 3,. 1967, and for a period of thirty days on January 5, 1968. It was stayed for an additional fifteen days on February 9, 1968, at the^ request of the State Board of Pardons and Paroles in order that the Board might have time to conclude action in said case.
On February 9, 1968, I granted a stay of execution in the case of the State of Georgia v. Ulysses Martin, Jr. Martin was sentenced to death by electrocution on November 10, 1967, after conviction of Murder in the Superior Court of Fulton County. The sentence was stayed for a period of sixty days on November 3, 1967, and for a period of thirty days on January 5, 1968. It was stayed for an additional fifteen days on February 9, 1968, at the request of the State Board of Pardons and Paroles in order that the Board might have time to conclude action in said case.
On May 6, 1968, I granted a stay of execution in the case of the State of Georgia v. Robert Timmons. Timmons was sentenced1 to death by electrocution on May 16, 1968, after conviction of Murder in the Superior Court of Washington County. The sentence was stayed for a period of thirty days in order that the StateBoard of Pardons and Paroles could have additional time in which to hear and pass upon said case.
On February 20, 1969, I granted a stay of execution in the case of the State of Georgia v. Clifton D. Morgan. Morgan wassentenced to death by electrocution on February 25, 1969, after conviction of Rape in the Superior Court of Glynn County. The sentence was stayed for a period of sixty days in order that the State Board of Pardons and Paroles could have additional time in which to hear and pass upon said case.
I extend my personal regards to each of you.
Sincerely,
Lester Maddox Governor
FRIDAY, MARCH 14, 1969
1279
March 13, 1969
Honorable George T. Smith Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia
Gentlemen:
I submit herewith to your Honorable Body for confirmation the following appointments:
Honorable Walter P. Kiley of Chatham County as a member of the State Board for Examination, Qualification and Registration of Architects for a term beginning March 13, 1969, and ending March 5, 1974.
Dr. Harold C. Walraven, Jr. of Fulton County as a member of the Board of Dental Examiners of Georgia for a term beginning March 13, 1969, and ending August 1, 1969.
Dr. Robert E. Brady of Muscogee County as a member of the Board of Dental Examiners of Georgia for a term beginning March 13, 1969, and ending August 1, 1970.
Honorable Hugh Eugene Tudor of Richmond County as a member of the Food Service Advisory Council for a term beginning March 13, 1969, and ending December 31, 1972.
Dr. Allyn M. Herrick of Clarke County as a member of the State Board of Registration for Foresters for a term beginning March 19, 1969, and ending March 19, 1974.
Honorable H. B. Hightower of Haralson County as a member of the Georgia State Board of Funeral Service for a term beginning March 13, 1969, and ending February 13, 1975.
Honorable Jimmie Williamson of Mclntosh County as a member of the State Game and Fish Commission for a term beginning March 13, 1969, and ending January 1, 1976.
Honorable L. B. Bassford of Richmond County as a member of the State Game and Fish Commission for a term beginning March 13, 1969, and ending January 1, 1976.
Honorable Charles Thurmond of Hall County as a member of the Lake Lanier Islands Development Authority for a term beginning May 15, 1969, and ending May 15, 1973.
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JOURNAL OF THE SENATE,
Honorable Robert J. Hill of Clarke County as a member of the Georgia State Board of Landscape Architects for a term beginning April 1, 1969, and ending April 1, 1973.
Miss Sarah E. Maret of Clarke County as a member of the State Board for the Certification of Librarians for a term beginning March 13, 1969, and ending January 1, 1974.
Dr. William P. Pirkle of Pulton County as a member of the State Literature Commission for a term beginning April 1, 1969, and ending April 1, 1973.
Honorable Hubert L. Dyar of Fulton County as a member of the State Literature Commission for a term beginning April 1, 1969, and ending April 1, 1973.
Dr. James P. Wesberry of Fulton County as a member of the State Literature Commission for a term beginning April 1, 1969, and ending April 1, 1973.
Mrs. Edith Gill of Muscogee County as a member of the Board of Examiners of Practical Nurses of Georgia for a term of beginning April 1, 1969, and ending April 1, 1973.
Mrs. Mary M. Wright of Baldwin County as a member of the Board of Examiners of Practical Nurses of Georgia for a term beginning April 1, 1969, and ending April 1, 1973.
Dr. Galen B. Kilburn of Fulton County as a member of the State Board of Dispensing Opticians for a term beginning March 16, 1969, and ending March 16, 1973.
Honorable C. E. Walker of Muscogee County as a member of the Georgia Ports Authority fon a term beginning 'March 13, 1969, and ending June 30, 1969.
Dr. Robert M. Hughes of Fulton County as a member of the State Board of Examiners of Psychologists for a term beginning March 27, 1969, and ending March 27, 1972.
Honorable Hugh H. Howell, Jr. of DeKalb County as a member of the State Board of Veterans Service for a term beginning April 1, 1969, and ending April 1, 1976.
Honorable Hubert Dollar of Decatur County as a member of the Georgia Ports Authority for a term beginning March 12, 1969, and ending June 30, 1969.
Honorable Curtis Lewis of Savannah, Georgia, as a member of the Committee to Study the Feasibility of Establishing a State De partment of Urban and Municipal Affairs for a term beginning Novem ber 20, 1968, and ending December 1, 1968.
FRIDAY, MARCH 14, 1969
1281
Dr. George Manners of Atlanta, Georgia, as a member of the Com mittee to Study the Feasibility of Establishing a State Department of Urban and Municipal Affairs for a term beginning November 20, 1968, and ending December 1, 1968.
Honorable A. C. Marshall of Atlanta, Georgia, as a member of the Committee to Study the Feasibility of Establishing a State Department of Urban and Municipal Affairs for a term beginning November 20, 1968, and ending December 1, 1968.
Honorable C. M. Wallace, Jr. of Atlanta, Georgia, as a member of the Committee to Study the Feasibility of Establishing a State Department of Urban and Municipal Affairs for a term beginning November 20, 1968, and ending December 1, 1968.
Honorable H. Oliver Welch of Atlanta, Georgia, as a member of the Committee to Study the Feasibility of Establishing a State Depart ment of Urban and Municipal Affairs for a term beginning November 20, 1968, and ending December 1, 1968.
Dr. William Studer of Fulton County as a member of the Higher Education Assistance Corporation lor a term beginning March 15, 1969, and ending March 15, 1975.
Honorable James McCallum of Coffee County as a member of the Higher Education Assistance Corporation for a term beginning March 15, 1969, and ending March 15, 1975.
Honorable Gordon Hall of Emanuel County as a member of the Georgia Forest Research Council for a term beginning March 13, 1969, and ending January 1, 1978.
Honorable Harold Lummus of Muscogee County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning March 13, 1969, and ending November 1, 1971.
Honorable J. V. Skinner of Bibb County as a member of the Advisory Council for Comprehensive Health Planning for a term be ginning March 13, 1969, and ending November 1, 1970.
Honorable John Cromartie of Hall County as a member of the Advisory Council for Comprehensive Health Planning for a term be ginning March 13, 1969, and ending November 1, 1971.
Mrs. Hunter M. Clay of Chatham County as a member of the Advisory Council for Comprehensive Health Planning for a term be ginning March 13, 1969, and ending November 1, 1971.
Honorable R. L. "Red" Tindol of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term be ginning March 13, 1969, and ending November 1, 1969.
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JOURNAL OF THE SENATE,
Mrs. J. Mac Barber of Jackson County as a member of the Ad visory Council for Comprehensive Health Planning for a term beginning March 13, 1969, and ending November 1, 1971.
Dr. Horace Tate of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning March 13, 1969, and ending November 1, 1971.
Dr. Calvin Jackson of Meriwether County as a member of the State Medical Education Board for a term beginning May 1, 1969, and ending May 1, 1973.
Dr. Lawrence P. McDonald of Pulton County as a member of the State Medical Education Board for a term beginning May 1, 1969, and ending May 1, 1973.
Dr. J. C. Serrato of Muscogee County as a member of the State Medical Education Board for a term beginning May 1, 1969, and ending May 1, 1973.
Honorable J. H. Warner of White County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1969, and ending April 4, 1975.
Honorable L. Edd Travis of Hall County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1969, and ending April 4, 1975.
Honorable Roy Gaines of Stephens County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1969, and ending April 4, 1975.
Dr. John W. Acree of Towns County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1969, and ending April 4, 1975.
Honorable J. H. Warner of White County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1969, and ending April 4, 1975.
Honorable L. Edd Travis of Hall County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1969, and ending April 4, 1975.
Honorable Roy Gaines of Stephens County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1969, and ending April 4, 1975.
Dr. John W. Acree of Towns County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1969, and ending April 4, 1975.
FRIDAY, MARCH 14, 1969
1283
Honorable H. McKinley Conway, Jr. of DeKalb County as a mem ber of the Ocean Science Center of the Atlantic Commission for a term beginning March 13, 1969, and ending March 8, 1975.
Dr. Arthur G. Hansen of Fulton County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning March 13, 1969, and ending March 8, 1975.
Honorable William M. West of Bibb County as a member of the Georgia Police Academy Board for a term beginning March 13, 1969, and ending December 31, 1972.
Honorable Robert Branch of Tift County as a member of the Geor gia Police Academy Board for a term beginning March 13, 1969, and ending December 31, 1972.
Dr. Jack Tumlin of Clarke County as a member of the Georgia Poultry Inspection Commission lor a term beginning March 13, 1969, and ending June 30, 1970.
Dr. Robert B. Barrett of Clarke County as a member of the Radiation Control Council for a term beginning March 13, 1969, and ending July 1, 1970.
Honorable Calvin C. Norsworthy of Muscogee County as a member of the State Board of Registration for Used Car Dealers for a term beginning March 13, 1969, and ending May 20, 1971.
Dr. W. C. Coles of Fulton County as a member of the Workmen's Compensation Medical Board for a term beginning March 30, 1969, and ending March 30, 1971.
Dr. Chenault W. Hailey of Fulton County as a member of the Workmen's Compensation Medical Board for a term beginning March 30, 1969, and ending March 30, 1971.
Dr. Tom S. Howell, Jr. of Fulton County as a member of the Workmen's Compensation Medical Board for a term beginning March 30, 1969, and ending March 30, 1971.
Respectfully submitted,
Lester Maddox Governor
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
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JOURNAL OF THE SENATE,
HB 347. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A bill to amend an Act providing that the construction and maintenance of portions of the State aid system of roads lying within the corporate limits of municipalities shall be the responsibility of the State Highway Board, so as to delete the provision limiting the amount required to be expended for the maintenance of State aid roads within the corporate limits of municipalities having a population of more than 33,000; 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 30, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 256. By Senators McGill of the 24th, Zipperer of the 3rd, Miller of the 43rd and others:
A bill to amend an Act known as the "Georgia Motorboat Numbering Act", so as to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator McGill of the 24th moved that SB 258 be postponed to Monday, March 17th.
On the motion, the ayes were 34, nays 0, and the motion prevailed.
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 following bill of the House, to-wit:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of
FRIDAY, MARCH 14, 1969
1285
wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The Speaker has appointed as a second Conference Committee on the part of the House the following members:
Messrs. Lambert of the 25th, Melton of the 32nd, and Murphy of the 19th.
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other pur poses.
Senator Holley of the 22nd asked unanimous consent that the Senate suspend Rule 23 in order that certain State officials be allowed on the floor of the Senate for the purpose of answering questions on the following bill of the House, on which a Conference Committee report was being considered:
HB 162. By Mr. Jones of the 59th:
A bill to amend Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.
The consent was granted.
The report of the Conference Committee was as follows:
The Conference Committee on HB 162 recommends the following:
That the House and Senate recede from their respective positions and that the attached Substitute to HB 162 be adopted.
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JOURNAL OF THE SENATE,
Your Conference Committee reports that in recommending the adoption of the attached Substitute, it is their intent and purpose to retain the original concept embraced within HB 162 and the amend ments adopted thereto in the Senate as they pertain only to corporate taxpayers. The attached Substitute retains these provisions only in that respect, and the subject of individual income taxation is not dealt with within the recommended Substitute.
Respectfully submitted,
FOR THE SENATE
FRANK E. COGGIN Senator, 35th District
R. EUGENE HOLLEY Senator, 22nd District
LAMAR R. PLUNKETT Senator, 30th District
FOR THE HOUSE OF REPRESENTATIVES
CHARLES M. JONES Representative, 59th District
JAMES W. PARIS Representative, 14th District
BURTON M. WAMBLE Representative, 69th District
A BILL
To be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder (the Georgia Income Tax Act of 1931, as amended), to change the rate of taxation on corporations; to change the definitions of "gross income" and "net income"; to provide a new definition for Georgia taxable net income for corporate taxpayers; to provide additional definitions; to provide for adjustments to the Georgia taxable net income of corporations; to incorporate by reference certain provisions of the United States Internal Revenue Code of 1954 in effect on January 1, 1969; to provide that elections made by taxpayers under the said United States Internal Revenue Code of 1954 shall be required to be made by certain Georgia taxpayers, and to provide exceptions thereto; to change the formula utilized to impose income tax on certain corporate taxpayers; to change the basis for determining gain and loss from the sale or other dis position of certain property; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
FRIDAY, MARCH 14, 1969
1287
Section 1. Chapter 92-31 of the Code of Georgia is hereby amended by striking Section 92-3102 in its entirety and inserting in lieu thereof a new Section to read as follows:
"92-3102. (a) Rate of Taxation of Corporations--Every domes tic corporation and every foreign corporation shall pay annually an income tax equivalent to six percent of its Georgia taxable net income which shall be its taxable income from property owned or from business done in Georgia, which shall consist of its taxable income as defined in the Internal Revenue Code of 1954, and with the adjustments provided for in subsection (b) of this Section, and allocated and apportioned as provided in Section 92-3113.
(b) Corporate Adjustments--(1) Interest and Dividend Ad justments--There shall be added to taxable income, interest income, to the extent that the same is not included in gross income for Federal income tax purposes, on obligations of any State or political subdivision except the State of Georgia and Georgia political sub divisions. There shall also be added to taxable income interest or dividends on obligations of any authority, commission, instru mentality, territory or possession of the United States which by the laws of the United States are exempt from Federal income tax but not from State income taxes.
There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent includible in gross income for Federal income tax purposes but exempt from State income taxes under the laws of the United States. There shall also be subtracted dividends on stocks of banks and trust companies incorporated under the banking laws of this State or of the United States. Any amount subtracted under this subsection shall be reduced by any expenses directly attributable to the production of the interest or dividend income.
(2) Income Tax Deduction Adjustment--There shall be added to taxable income any income taxes imposed by any taxing jurisdic tion to the extent deducted in determining Federal taxable income.
(3) Gains and Losses Adjustment--Where taxable income in cludes gains from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is higher. Where taxable income includes losses from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is lower.
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(4) Deductions and Loss Adjustment--No portion of any de ductions or losses, including net operating losses, which occurred in a year in which the taxpayer was not subject to taxation in Georgia may be deducted in any tax year. Where Federal adjusted gross income or net income of corporations includes such deductions or losses an adjustment deleting them shall be made under rules established by the Revenue Commissioner. The Revenue Commis sioner shall also provide rules to preserve the deductibility of losses incurred in taxable years beginning prior to January 1, 1969, to the extent that such losses would have been deductible as net operating loss carryovers for a taxable year or years beginning on or after January 1, 1969, if the provisions of Section 92-3109 (m) of the Code of Georgia had continued in effect.
(5) Income, Losses and Deductions Previously Reported--In come, losses and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income and the Commissioner shall provide for needed adjustments by regulation.
(6) Corporations having net long term capital gains from the sale or exchange of capital assets shall deduct one half of such net gains in computing Georgia taxable income.
(7) Any gain on 337 shall be recognized and added back but to the extent that a corporation incurs a Georgia income tax liability by reason of gains realized on a sale or sales which qualify as being exempt from federal income taxation under section 337 of the Internal Revenue Code, such Georgia income tax liability so attributable to such gains shall be allowed as a credit against the Georgia income tax liability of each common stock holder of such corporation in an amount which bears the same ratio to such Georgia income tax liability as the liquidation distribu tion received or receivable by such common stockholder bears to the liquidation distribution received or receivable by all common stockholders. Such credit shall be allowable only in the taxable year or years of each stockholder in which such liquidation distribu tion is received and shall be limited to the amount of Georgia income tax liability, if any, of such stockholder for such year or years as computed before application of the credit provided by this section and before any credits for withholding or estimated
tax payments.
(8) Nonrecognition of Gains and Losses Adjustment--When on the sale or exchange of real or tangible personal property located in Georgia gain or loss is not recognized because the tax payer receives or purchases similar property then such nonrecognition shall be allowed, only when such property is replaced with
property located in Georgia.
(9) Exemptions in Other Laws Preserved--This Act shall not be construed to repeal any tax exemptions contained in other Georgia laws not referred to herein. Those exemptions and the
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1289
exemptions provided for by Federal law and treaty shall be de ducted on forms provided by the Commissioner.
(10) Required Elections--All elections made by corporate taxpayers under the Interal Revenue Code of 1954 shall also apply under this Act except elections involving consolidated corporate returns and subchapter "S" elections which shall be treated as follows:
(i) Corporate Elections as to Consolidated Returns--If two or more corporations file Federal income tax returns on a consolidated basis, and in the event that all of such corpora tions derive all of their income from sources within Georgia, they must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated Federal income tax return, but derive income from sources without this State must file separate income tax returns with Georgia, unless they have prior approval or have been re quested to file a consolidated return by the Department of Revenue.
(ii) Subchapter "S" Elections--Subchapter "S" elections apply only if all stockholders are subject to tax in Georgia on their portion of the corporate income provided, however, if all non-resident stockholders pay the Georgia income tax on their portion of the corporate income the election shall be allowed by the Commissioner of Revenue.
(11) Dividends from Sources Without or Within the United States Adjustment--There shall be subtracted dividends received by a corporation from sources without the United States as defined in the Internal Revenue Code of 1954; provided that the amount subtracted under this subsection shall be reduced by any expense directly attributable to the dividend income. There shall also be subtracted any dividends received by corporations from affiliated corporations within the United States, when the corporation re ceiving said dividends is engaged in business in this State and subject to the payment of taxes under the Income Tax Laws of this State, to the extent that such dividends have been included in net income under Section 92-3102. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income.
(c) Nothing contained in the following Sections shall apply to corporations:
(1) Section 92-3109, relating to deductions from gross income;
(2) Section 92-3110, relating to items of expense not deductible;
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JOURNAL OF THE SENATE,
(3) Section 92-3119, relating to the basis for determining gain and loss from the sale or other disposition of certain property;
(4) Section 92-3120, relating to the gain or loss in ex change of certain property; and
(5) Section 92-3122, relating to the distribution of certain Federally exempt trusts."
Section 2. Said Code Chapter is further amended by inserting at the end of Section 92-3108 a new paragraph to read as follows:
"Whenever the Internal Revenue Code of 1954 is referred to or used in this Act, it shall mean the United States Internal Revenue Code of 1954 as it existed on January 1, 1969, and any term used in this Act shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in force and effect on January 1, 1969."
Section 3. Said Chapter is further amended by striking, in its entirety, subsection (4) (a) of Section 92-3113, relating to allocation and apportionment of corporate income, and inserting in lieu thereof a a new subsection (4) (a) to read as follows:
"92-3113 (4) (a). Property Ratio--The property ratio is a fraction, the numerator of which is the average value of the tax payer's real and tangible personal property owned or rented and used in this State during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period.
Vaulation of Property--Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from sub-rentals.
Averaging Property Values--The average value of property shall be determined by averaging the values at the beginning and ending of the tax period but the State Revenue Commissioner may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer's property."
Section 4. Code Section 92-3113 (4) (d) is amended by striking the words "inventory ratio" and inserting in lieu thereof the words "property ratio".
Section 5. The provisions of this Act shall become effective im mediately upon its approval, or its otherwise becoming law, and shall apply to all taxable years beginning on and after January 1, 1969.
FRIDAY, MARCH 14, 1969
1291
Section 6. The provisions of the several sections of this Act shall be deemed to be separable insofar as they or their meaning is not inseparably connected and if any provisions of this Act shall be held unconstitutional, such holding shall not affect any of the other provi sions thereof.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Holley of the 22nd moved that the Senate adopt the report of the Conference Committee.
On the adoption of the Conference Committee report, 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:
Abney Adams of 26th Andrews Broun of 46th Brown of 47th Carter Chapman Coggin Cox Doss Fincher of 51st Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Johnson Kennedy Kidd London Maclntyre McGill Padgett Plunkett Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Starr Stephens Trippe Vann Webb Young Zipperer
Those voting in the negative were Senators:
Bateman Dean Eldridge
Miller Reeder Smith of 34th
Spinks Tysinger
The roll call was verified.
On the adoption of the Conference Committee report, the ayes were 41, nays 8.
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JOURNAL OF THE SENATE,
The motion prevailed, and the Conference Committee report 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 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th and others:
A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
The report of the Conference Committee was as follows: CONFERENCE COMMITTEE REPORT Conference Committee Report on HB 81.
The Conference Committee on HB 81 recommends the following:
(1) That the House recede from its position that Section 3 be enacted, which Section 3 requires that counties, municipalities and school districts be refunded the State tax paid on motor fuel and kerosene, subject to certain conditions.
(2) That the Senate recede from its position that the sales tax on the gas tax be removed on the effective date of said House Bill.
(3) That the title, after the words "so as to provide", be changed to read as follows:
"for an increase in the motor fuel tax; to provide for certain refunds; to provide for removal of certain State and Federal excise taxes, effective July 1, 1970; to provide an effective date; to repeal conflicting laws; and for other purposes."
(4) That said House Bill provide, in lieu of present Section 3, a new Section 3 to read as follows:
"Section 3. Any other laws to the contrary notwithstanding, in determining the liability for the payment of the tax imposed by an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" approved February 20, 1951 (Ga. Laws 1951,
FRIDAY, MARCH 14, 1969
1293
p. 360), as now or hereafter amended, upon the sale of motor fuel, effective July 1, 1970, there shall be excluded all Federal and State excise taxes which are imposed upon the sale of motor fuel by the provisions of Section 4081 of the Internal Revenue Code of 1954 and Code Chapter 92-14 of the Code of Georgia, respectively."
Respectfully submitted,
FOR THE SENATE
Honorable Hugh Gillis Senator, 20th District
Honorable Sam Hensley Senator, 33rd District
Honorable Jack Fincher Senator, 51st District
FOR THE HOUSE OF REPRESENTA TIVES
Honorable Nathan Dean Representative, 19th District
Honorable Clarence Vaughn Representative, 74th District
Honorable Joe Wood Representative, llth District
Senator Hensley of the 33rd moved that the Senate adopt the report of the Conference Committee on HB 81.
On the motion, the ayes were 31, nays 3.
The motion prevailed, and the report of the Conference Committee was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the Committee of Conference on the following bill of the House, to-wit:
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HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th and Wood of the llth and others:
A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
The Speaker has appointed as a second Committee of Conference on the part of the House the following members thereof:
Messrs. Busbee of the 61st, Smith of the 3rd, and Hawes of the 95th.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 162. By Mr. Jones of the 59th:
A bill to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions there under, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action on the report of a Conference Committee:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th and others:
A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
Senator Hensley of the 33rd moved that the president appoint a second Con ference Committee on HB 81.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
The president appointed as a second Conference Committee the following:
FRIDAY, MAECH 14, 1969
1295
Senators Gillis of the 20th, Fincher of the 51st and Hensley of the 33rd.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
Senator Vann of the 10th moved that the Senate insist on its substitute to HB 1.
On the motion, the ayes were 34, nays 0, and the motion prevailed.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 542. By Messrs. Kreeger, Wilson, Housley, McDaniell, Atherton and Burruss of the 117th:
A bill to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ two full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking down of felony criminal cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, 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:
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JOURNAL OF THE SENATE,
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Funk of the 92nd, Egan of the 116th, Lambert of the 25th, Levitas of the 77th, Nessmith of the 44th, Whaley of the 93rd and others:
A bill to create the "Coastal Wetlands Protection Board" under the State Game and Pish Commission; to provide for penalties for viola tions; and for other purposes.
HB 454. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
A bill to amend an Act establishing an equalized adjusted school property tax digest for each county in the State and for the State as a whole, so as to provide that notwithstanding any provisions of said Act to the contrary, the equalized adjusted school property tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the corrections certified by the State Auditor; and for other purposes.
HR 179. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
A resolution authorizing and instructing the State Department of Education to pay certain sums to certain local units of administration who were denied their proportionate share of the funds distributed under the Minimum Foundation Program for Education Act due to errors committed in the preparation of their equalized adjusted school property tax digest; and for other purposes.
The following bill and resolution were read the first time and referred to committees:
HB 454. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th and others:
A bill to amend an Act establishing an equalized adjusted school prop erty tax digest for each county in the State and for the State as a whole, so as to provide that the equalized adjusted school property tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the corrections certified by the State Auditor; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
FRIDAY, MARCH 14, 1969
1297
HR 179. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th and others:
A resolution authorizing the State Department of Education to pay certain sums to local units of administration who were denied their proportionate share of funds distributed under the Minimum Founda tion Program of Education Act; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
The following bill of the House was taken up for the purpose of considering the report of a second Conference Committee thereto:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The report of the second Conference Committee was as follows:
CONFERENCE COMMITTEE REPORT
The Conference Committee on HB 104 recommends the following r
(1) That the Senate recede from its position that the said bill, as; introduced, be amended to include an additional tax on malt beverages.
(2) That the Senate recede from its position that the said bill,. as introduced, be amended to provide an additional tax on certain tobacco products.
(3) That the House and Senate recede from their positions- and" adopt a new subsection (d) of quoted Section 3 to read as follows:
"(d) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, to which wine spirits produced from without the State of Georgia have been added, having an alcoholic strength of more than fourteen (14) percent alcohol by volume, one dollar fifty cents ($1.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon until April 1, 1970, and thereafter this tax shall become two dollars fifty cents ($2.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon."
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JOURNAL OF THE SENATE,
Respectfully submitted,
FOR THE HOUSE OF REPRESENTA TIVES
/a/ E. R. Lambert Honorable E. R. Lambert Representative, 25th District
/s/ Quimby Melton, Jr. Honorable Quimby Melton, Jr. Representative, 32nd District
/s/ Thomas B. Murphy Honorable Thomas B. Murphy Representative, 19th District
FOR THE SENATE
/s/ A. W. Holloway Honorable A. W. Holloway Senator, 12th District
/s/ M. J. Padgett Honorable M. J. Padgett Senator, 23rd District
/s/ Stanley E. Smith, Jr. Honorable Stanley E. Smith, Jr. Senator, 18th District
On the adoption of the report of the second Conference Committee, Senator Holloway 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 Cox Dean Eldridge Hardy Holley
Holloway Kennedy Kidd Maclntyre McGill Miller
Padgett Smith of 18th Spinks Starr Stephens Zipperer
Those voting in the negative were Senators:
Abney Adams of 26th Andrews Bateman
Broun of 46th Brown of 47th Carter Chapman
Doss Garrard Hudgins London
Plunkett Reeder Reynolds Riley Rowan
FRIDAY, MARCH 14, 1969
1299>
Scott Searcey Smalley Smith of 34th Trippe
Tysinger Vann Ward Webb
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the report of the second Conference Committee, the ayes were 18, nays 26.
The Conference Committee report having1 failed to receive the requisiteconstitutional majority, was disagreed to.
Senator Zipperer of the 3rd moved that a third Conference Committee be appointed.
The motion prevailed, and the president appointed as a third Conference Committee the following:
Senators Holloway of the 12th, Smith of the 18th and Padgett of the 23rd.
The following local, uncontested bill, favorably reported by the committee,. was read the third time, and put upon its passage:
HB 755. By Mr. Ross of the 26th:
A bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer;, and for other purposes.
Senator McGill of the 24th offered the following substitute:
A BILL
To be entitled an Act to amend an Act providing compensation for the treasurer of Lincoln County, approved August 19, 1916, (Ga. Laws 1916, p. 461), as amended, so as to change the compensation of said treasurer; to abolish the office of said treasurer at the end of his current term of office; to provide a referendum; to repeal conflict ing laws; and for other purposes.
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JOURNAL OF THE SENATE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act providing compensation for the treasurer of Lincoln County, approved August 19, 1916 (Ga. Laws 1916, p. 461), as amended, 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. The treasurer of Lincoln County shall receive the annual sum of $1,200.00, payable in equal monthly installments from funds of Lincoln County, as his sole compensation."
Section 2. Said Act is further amended by adding a new Section to be designated Section 1A, to read as follows:
"Section 1A. Effective December 31, 1972, the office of Treas urer of Lincoln County is abolished. The Board of Commissioners of Lincoln County shall elect from among themselves a fiscal offi cer whose responsibility it shall be to sign the warrants and other documents heretofore required to be executed by the County Treasurer."
Section 3. Not less than 45 days prior to the General Election of 1970 it shall be the duty of the Ordinary of Lincoln County to issue his call for an election for the purpose of submitting Section 2 of this Act to the qualified voters of Lincoln County for approval or rejection. The Ordinary shall set the date of such election for a day to coincide with the date of the General Election of 1970. The Ordinary shall cause the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lincoln County. The ballot shall have written or printed thereon the words:
"For approval of Section 2 of an Act, which Section 2 abolishes the Office of Treasurer of Lincoln County effective December 31, 1972, and which authorizes the Board of Commissioners to elect from among themselves a fiscal officer who shall sign the warrants and other docu ments heretofore required to be executed by the Treasurer."
"Against approval of Section 2 of an Act, which Section 2 abolishes the Office of the Treasurer of Lincoln County effective December 31, 1972, and which authorizes the Board of Commissioners to elect from among themselves a fiscal officer who shall sign the warrants and other documents heretofore required to be executed by the treasurer."
All persons desiring to vote in favor of Section 2 of the Act shall vote for approval, and those persons desiring to vote for rejection of Section 2 of the Act shall vote against approval. If more than one half of the votes cast on such question are for approval of Section 2 of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Lincoln County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as other-
FRIDAY, MARCH 14, 1969
1301
wise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
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 45, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 45, 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 passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 457. By Messrs. Kreeger and McDaniell of the 117th:
A bill to amend Code Section 56-1201, relating to venue in actions against insurance companies, so as to include Superior Court Clerks or Deputy Clerks and Clerks or Deputies of any courts of record as persons upon whom a suit shall be instituted only in the county of their residence upon their official bonds; and for other purposes.
Senator Eldridge of the 7th, 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 resolution of the Senate, and has instructed me, as Chair-
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JOURNAL OF THE SENATE,
man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 41. SB 160. SB 161. SB 234. SB 245. SB 246. SB 255. SB 257. SR 84. SR 108. SR. 122.
Respectfully submitted, Eldridge of 7th District, Chairman.
Senator Holley of the 22nd moved that the Senate do now adjourn until Monday morning at 10:00 o'clock, and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock Monday morning.
MONDAY, MARCH 17. 1969
1303
Senate Chamber, Atlanta, Georgia, Monday, March 17, 1969.
The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Senator Young of the 13th 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 Riley of the 1st 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. John McLaren, and! as the nurse of the day, Mrs. Cheryl Kish.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:
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JOURNAL OF THE SENATE,
HB 11. By Messrs. Odom of the 61st and Floyd of the 7th:
A bill to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new pro gram; and for other purposes.
HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th, Brown of the 32nd and others:
A bill to amend the Code of Georgia of 1933, as amended, so as to in crease the time within which certain vehicles must be registered and a license plate required; and for other purposes.
HB 507. By Mr. Matthews of the 63rd:
A bill to be known as the "Georgia Equine Act"; and for other pur poses.
HB 648. By Messrs. Rainey of the 47th, Dickinson of the 118th, Hargrett of the 58th, Mullinax of the 30th, Housley of the 117th and Colwell of the 5th:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission, so as to provide that certain employees of the State Game and Fish Commission be included under coverage of the State Merit System of Personnel Administration; and for other purposes.
HB 812. By Messrs. Melton of the 32nd, Peterson of the 41st, and Wamble of the 69th:
A bill to authorize each county and municipality to levy and collect a tax upon the sale or charges for any room or rooms, lodgings or accommodations furnished by any hotel, motel, inn, tourist camp, tourist cabin or any other such place; and for other purposes.
HB 813. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made by places of amusements, sports, or entertainment or other like places where an admission fee is charged; and for other purposes.
HB 814. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize
MONDAY, MARCH 17, 1969
1305
and Control Alcoholic Beverages and Liquors", so as to delete the population requirements in Section 31 (a); and for other purposes.
HB 525. By Messrs. Melton of the 32nd, Wamble of the 69th and Peterson of the 41st:
A bill to authorize the State Revenue Commissioner to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the State Revenue Com missioner of any tax levied by any said county or municipality which is also levied and collected by the State Revenue Commissioner for the State; and for other purposes.
HB 842. By Mr. Barber of the 15th:
A bill to amend Code Section 32-1004 and Code Section 89-101, so as to change the qualifications of county school superintendents; and for other purposes.
HB 881. By Mr. Ross of the 26th:
A bill to amend an Act abolishing the fee system of compensation and
r
providing in lieu thereof an annual salary for the Solicitor General (now
District Attorney) of Toombs Judicial Circuit, so as to provide for an
expense allowance for said District Attorney; and for other purposes.
HB 882. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County, so as to change the compensation which the deputy sheriff receives from county funds; and for other purposes.
HB 883. By Messrs. Anderson and Holder of the 49th:
A bill to change the number of the members of the Telfair County Board of Education from 5 to 7; and for other purposes.
HB 884. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, so as to vest fee simple title of certain city streets and alleys in the City of Helena; and for other purposes.
HB 890. By Mr. Harris of the 10th: A bill to amend an Act placing the compensation of the sheriff, the
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JOURNAL OF THE SENATE,
clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide for personnel to assist certain county officers; and for other purposes.
HB 891. By Mr. Harris of the 10th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to provide for clerical help for the commissioner; and for other purposes.
HB 892. By Mr. Harris of the 10th:
A bill to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, so as to provide for certain personnel to assist the tax commissioner; and for other purposes.
HB 901. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A bill to amend an Act creating the City Court of Albany, so as to reduce the number of judges pro hac vice; to change the compensation of the judges pro hac vice; and for other purposes.
HB 903. By Messrs. Rainey and Bowen of the 47th:
A bill to provide for the membership of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November 1968 general election and found in Georgia Laws 1968, p. 1715; to provide for the election of a chairman; and for other purposes.
HB 908. By Messrs. Bostick, Matthews and Fallin of the 63rd:
A bill to require the chairman of the Board of Commissioners of all counties with populations of not less than 17,000 nor more than 34,000, to effectuate all actions approved by a majority of the members of said board; and for other purposes.
HB 872. By Mr. Hargrett of the 68th:
A bill to amend an Act placing the sheriff and the clerk of the superior court of Wayne County on an annual salary, so as to change the annual salaries of the sheriff and the clerk of the superior court of Wayne County; and for other purposes.
MONDAY, MARCH 17, 1969
1307
HB 899. By Messrs. Graves, Lowrey and Toles of the 9th:
A bill to reincorporate the City of Cave Spring in the County of Floyd; to create a new Charter for said city; and for other purposes.
HE 249. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Lambert of the 25th, Parker of the 46th, Howell of the 60th, Leonard of the 3rd, Connell of the 79th, Bohannon of the 20th, Bray of the 31st, Nunn of the 41st and Scarborough of the 81st:
A resolution creating the Joint Election Laws Study Committee; and for other purposes.
HR 272. By Messrs. Smith, Cole and Leonard of the 3rd:
A resolution abandoning certain property in Whitfield County for park purposes; and for other purposes.
SB 205. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to amend an Act entitled an Act to establish a method for pro viding fire prevention systems in Fulton County, so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four; and for other purposes.
SB 216. By Senator Smith of the 18th:
A bill to designate and establish the State Court of Houston County as the "special Court" provided for by Art. VI, Sec. IX, Para. I of the Con stitution; and for other purposes.
The House adopted the following resolutions of the House and Senate, to-wit:
SR 14. By Senators Hudgins of the 15th and Jackson of the 16th:
A resolution relative to the National System of Interstate and Defense Highways; and for other purposes.
SR 81. By Senator Riley of the 1st:
A resolution relative to the National System of Interstate and Defense Highways; and for other purposes.
SR 122. By Senator Coggin of the 35th: A resolution relative to adjournment; and for other purposes.
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JOURNAL OF THE SENATE,
HR 280. By Messrs. Wamble of the 69th, and Matthews of the 63rd:
A resolution requesting the Georgia Congressional delegation to sup port HR 2500; and for other purposes.
HR 285. By Messrs. Hale of the 1st, Harris of the 77th, and Johnson of the 29th:
A resolution requesting the State Revenue Commissioner to undertake a program of assistance for cities and counties with respect to the ad valorem taxation of mobile homes.
HR 288. By Mr. Dean of the 76th:
A resolution requesting the Georgia Congressional Delegation to initi ate federal legislation to provide certain funds for aid for families with dependent children; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th, Floyd and Davis of the 75th, Collins of the 62nd, Jordan of the 74th, Evans of the 81st, Ellis of the 91st and others:
A bill to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.
HB 750. By Messrs. Black and Edwards of the 45th:
A bill to change the election date for the members of the Stewart County Board of Education; and for other purposes.
The following bills and resolution were introduced, read the first time, and referred to committees:
SB 278. By Senator Hardy of the 56th:
A bill to amend Code Chapter 95-18, relating to safe and unsafe railroad crossings, so as to eliminate the designation of safe crossings and to provide that all public highways which cross the main line of any rail road at grade, not in an incorporated town or city, shall be designated as an unsafe crossing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.
MONDAY, MARCH 17, 1969
1309
SB 279. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Georgia Securities Act", ap proved Feb. 26, 1957, so as to provide for an exemption from the regis tration requirements of said Act for transactions involving the issuance of certain security; and for other purposes.
Referred to Committee on Banking and Finance.
SB 280. By Senators Walling of the 42nd and Cox of the 21st:
A bill to provide that no person shall remove, fill, dredge or drain or otherwise alter any marshlands in this State without first filing a writ ten notice with the political subdivision in which a majority of the land of proposed activity described in such application lies; to repeal con flicting laws; and for other purposes.
Referred to Committee on Judiciary.
SR 123. By Senator Hill of the 29th:
A resolution authorizing the disposal of five separate tracts of land located in Meriwether County, Georgia; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 11. By Messrs. Odom of the 61st and Floyd of the 7th:
A bill to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new program; and for other purposes.
Referred to Committee on Appropriations.
HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th and others:
A bill to amend the Code of Georgia of 1933, as amended, so as to increase the time within which certain vehicles must be registered and a license plate required; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Funk of the 92nd and others:
A bill to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; to provide for penalties for viola tions; and for other purposes.
Referred to Committee on Industry and Labor.
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JOURNAL OP THE SENATE,
HB 457. By Messrs. Kreeger and McDaniell of the 117th:
A bill to amend Code Section 56-1201, relating to venue in actions against insurance companies, so as to include Superior Court Clerks or Deputy Clerks and Clerks or Deputies of any courts of record as persons upon whom a suit shall be instituted only in the county of their resi dence upon their official bonds; and for other purposes.
Referred to Committee on Judiciary.
HB 507. By Mr. Matthews of the 63rd: A bill to be known as the "Georgia Equine Act"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 525. By Messrs. Melton of the 32nd, Wamble of the 69th and Peterson of the 41st:
A bill to authorize the State Revenue Commissioner to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the State Revenue Commissioner of any tax levied by any said county or municipality which is also levied and collected by the State Revenue Commissioner for the State; and for other purposes.
Referred to Committee on Banking and Finance.
HB 648. By Messrs. Rainey of the 47th, Dickinson of the 118th, Hargrett of the 58th and others:
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 provide that certain employees of the State Game and Fish Commission be included under coverage of the State Merit System of Personnel Administration; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 812. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to authorize each county and municipality to levy and collect a tax upon the sale or charges for any room or rooms, lodgings or accom modations furnished by any hotel, motel, inn, tourist camp, tourist cabin or any other such place; and for other purposes.
Referred to the Committee on Banking and Finance.
MONDAY, MARCH 17, 1969
1311
HB 813. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made by places of amusements, sports, or entertainment or other like places where an admission fee is charged; and for other purposes.
Referred to the Committee on Banking and Finance.
HB 814. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to delete the popula tion requirements in Section 31 (a); and for other purposes.
Referred to Committee on Banking and Finance.
HB 842. By Mr. Barber of the 15th:
A bill to amend Code Section 32-1004 and Code Section 89-101, so as to change the qualifications of county school superintendents; and for other purposes.
Referred to Committee on Educational Matters.
HB 872. By Mr. Hargrett of the 58th:
A bill to amend an Act placing the sheriff and the clerk of the superior court of Wayne County on an annual salary, so as to change the annual salaries of the sheriff and the clerk of the superior court of Wayne County; and for other purposes.
Referred to Committee on County and Urban Affairs,
HB 881. By Mr. Ross of the 26th:
A bill to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the Solicitor General (now District Attorney) of Toonibs Judicial Circuit, so as to provide for an expense allowance for said District Attorney; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 882. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County, so as to change the compensation which the deputy sheriff receives from county funds; and for other purposes.
Referred to Committee on County and Urban Affairs,
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HB 883. By Messrs. Anderson and Holder of the 49th:
A bill to change the number of the members of the Telfair County Board of Education from 5 to 7; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 884. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, so as to vest fee simple title of certain city streets and alleys in the City of Helena; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 890. By Mr. Harris of the 10th: A bill to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide for personnel to assist certain county officers; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 891. By Mr. Harris of the 10th: A bill to amend an Act creating the office of commissioner of Bartow County, so as to provide for clerical help for the commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 892. By Mr. Harris of the 10th: A bill to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, so as to provide for certain personnel to assist the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 899. By Messrs. Graves, Lowrey and Toles of the 9th: A bill to reincorporate the City of Cave Spring in the County of Floyd; to create a new Charter for said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 901. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st: A bill to amend an Act creating the City Court of Albany, so as to
MONDAY, MARCH 17, 1969
1313
reduce the number of judges pro hac vice; to change the compensation of the judges pro hac vice; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 903. By Messrs. Rainey and Bowen of the 47th:
A bill to provide for the membership of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November 1968 general election and found in Georgia Laws 1968, p. 1715; to provide for the election of a chairman; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 908. By Messrs. Bostick, Matthews and Fallin of the 63rd:
A bill to require the Chairman of the Board of Commissioners of all counties with populations of not less than 17,000 nor more than 34,000, to effectuate all actions approved by a majority of the members of said board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 249. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Lambert of the 25th and others:
A resolution creating the Joint Election Laws Study Committee; and for other purposes.
Referred to Committee on Rules.
HR 272. By Messrs. Smith, Cole and Leonard of the 3rd:
A resolution abandoning certain property in Whitfield County for park purposes; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HR 280. By Messrs. Wamble of the 69th and Matthews of the 63rd:
A resolution requesting the Georgia Congressional Delegation to sup port H. R. No. 2500; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HR 285. By Messrs. Hale of the 1st, Harris of the 77th and Johnson of the 29th: A resolution requesting the State Revenue Commissioner to undertake
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a program of assistance for cities and counties with respect to the ad valorem taxation of mobile homes; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
HR 288. By Messrs. Dean of the 76th, Hood of the 99th, Ezzard of the 102nd and others:
A resolution requesting the Georgia Delegation to initiate federal legis lation to provide certain funds for aid to families with dependent chil dren; and for other purposes.
Referred to Committee on Health and Welfare.
The following bills and resolutions were read the second time:
SB 277. By Senator Maclntyre of the 40th:
A bill to amend Code Section 40-802, relating to the objects and pur poses of the Department of Archives and History, so as to change the provisions relating to the destruction of records and the central deposi tory; to repeal conflicting laws; and for other purposes.
SR 118. By Senator Spinks of the 9th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the meetings of the General Assem bly; to provide for the submission of this amendment for ratification or rejection; and for other purposes,
HB 137. By Mr. Lambert of the 25th:
A bill to provide an expense allowance for the District Attorney of the Ocmulgee Judicial Circuit; and for other purposes.
HB 775. By Messrs. Gignilliat of the 89th and Gaynor of the 88th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.
HB 780. By Messrs. Davis, Ployd, Westlake of the 75th and others:
A bill to require the boards of education in certain counties of this State to publish a summary of all receipts and expenditures of said boards on a quarterly basis; to provide the procedure connected with the foregoing; and for other purposes.
MONDAY, MARCH 17, 1969
1315
HB 800. By Messrs. Funk of the 92nd, Gaynor of the 88th, Hill of the 94th and others:
A bill to provide for the manner of appointment of members of the Board of the Chatham County Hospital Authority; and for other purposes.
HB 855. By Mr. Lewis of the 37th:
A bill to reincorporate the Town of Sardis in the County of Burke and to make the same a city; and for other purposes.
HB 856. By Mr. Clarke of the 33rd:
A bill to amend an Act creating a board of commissioners of Monroe County, so as to change the compensation of the commissioner; and for other purposes.
HB 857. By Mr. Lewis of the 37th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Burke (now the Board of Commis sioners), so as to change the compensation of said Board of Com missioners; and for other purposes.
HB 859. By Mr. Wheeler of the 57th: A bill to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-time deputy sheriffs; and for other purposes.
HB 868. By Messrs. Cato and Conger of the 68th: A bill to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change the compensation of said sheriff; and for other purposes.
HB 870. By Messrs. Northcutt, Lee and Gary of the 21st:
A bill to amend an Act creating and incorporating the City of Moun tain View; and for other purposes.
HB 871. By Messrs. Vaughn and Jordan of the 74th:
A bill to empower the governing authority of Rockdale County to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety,
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welfare and morals of the citizens thereof as it may deem advisable, etc., to cite the constitutional authority for this Act; and for other purposes.
HB 873. By Mr. Simmons of the 4th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for said City, so as to change the corporate limits of said City; and for other purposes.
HB 874. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A bill to amend an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Cir cuit, to provide for additional compensation for him and for other purposes.", so as to change the compensation of the Court Reporter of the Oconee Judicial Circuit; and for other purposes.
HB 876. By Mr. Lewis of the 37th:
A bill to amend an Act incorporating the City of Waynesboro, so as to provide that councilmen (or aldermen) of the City of Waynesboro shall each be elected at large by the voters of the City of Waynesboro without regard to wards; and for other purposes.
HB 878. By Messrs. Kreeger, Wilson, Housley of the 117th and others:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide that said court shall be a court of record except in certain cases; and for other purposes.
HB 879. By Messrs. Kreeger, Wilson, McDaniell and others of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to extend the jurisdiction of said court to certain cases involving injuries to the person; and for other purposes.
HB 880. By Messrs. Geisinger and Collins of the 72nd, Higginbotham of the 76th and others:
A bill to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; and for other purposes.
MONDAY, MARCH 17, 1969
1317
HB 885. By Messrs. Peterson and Nunn of the 41st:
A bill to amend an Act incorporating the City of Warner Robins, so as to change the form of government of said city from a Mayor-Council form of government to a Council-Manager form of government; and for other purposes.
HB 889. By Messrs. Longino of the 98th, Horton and Cook of the 95th and others:
A bill to amend an Act .establishing a new charter for the City of Fairburn, so as to provide for the election of councilman by council seat positions; to establish the hours that polls shall be open so as to con form to the State Laws; and for other purposes.
HR 187. By Messrs. Brown of the 110th, Horton of the 95th, Bond of the lllth and others:
A resolution proposing an amendment to the Constitution, so as to allow municipal corporations having a population of more than 400,000 to remove or demolish, close and clear the premises of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions and that such expenditures shall be established as liens against the properties involved; and for other pur poses.
HB 805. By Mr. Johnson of the 29th:
A bill to provide for the issuing of a license plate to persons engaged in the business of transporting mobile homes and house trailers for others; and for other purposes.
HR 188. By Mr. Shanahan of the 8th:
A resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.
HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclu sions of law thereon; and for other purposes.
HB 797. By Messrs. Rush and Salem of the 51st, Black of the 45th and others:
A bill to amend an Act revising the laws relating to State Board of Corrections and to prisons, public works camps, etc., so as to provide that it shall be unlawful for any person to come inside guard lines at
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penitentiaries in Georgia with amphetamines, biphetamines, inhalers or any other hallucinating or intoxicating substances; and for other pur poses.
HR 250. By Mrs. Merritt of the 46th:
A resolution authorizing and directing the State Highway Department to name U. S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; and for other purposes.
HB 551. By Messrs. Farrar and Thomason of the 77th:
A bill to amend an Act known as the "State Council for the Preserva tion of Natural Areas", so as to provide for a new short title; to pro vide for the creation of the Georgia Natural Areas Commission as a State agency and a budget unit of the State government; and for other purposes.
HB 454. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th and others:
A bill to amend an Act establishing an equalized adjusted school prop erty tax digest for each county in the State and for the State as a whole, so as to provide that the equalized adjusted school property tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the corrections certified by the State Auditor; and for other purposes.
HR 179. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th and others:
A resolution authorizing the State Department of Education to pay certain sums to local units of administration who were denied their proportionate share of funds distributed under the Minimum Founda tion Program of Education Act; and for other purposes.
The following reports of standing committees were read by the secretary:
Senator Plunkett of the 30th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 225. Do pass.
MONDAY, MARCH 17, 1969
1319
HR 229. Do pass. HR 230. Do pass. HR 232. Do pass. HR 233. Do pass. HR 235. Do pass. HR 236. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the House and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendation:
HR 144. Do pass. Respectfully submitted, Smith of 18th District, Vice Chairman.
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tions of the House and Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
HR 82. Do pass as amended. SR 107. Do pass as amended.
Respectfully submitted, Smith of 18th District, Vice Chairman.
Senator Smith of the 18th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
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Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following resolution of the House and has in structed me, as Chairman, to report the same back to the Senate with the fol lowing recommendation:
HR 251. Do pass.
Respectfully submitted,
Smith of 18th District,
Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 53. Do pass by substitute.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, 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 239. Do pass. HB 407. Do pass. HB 609. Do pass. HB 613. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
MONDAY, MARCH 17, 1969
1321
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 150. Do pass. SB 200. Do not pass. HB 432. Do pass. HB 694. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 534. Do pass. Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Holloway of the 12th 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 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 212. Do pass by substitute. HB 296. Do pass by substitute.
Respectfully submitted, Holloway of 12th District, Chairman.
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Senator Spinks of the 9th 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 bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 231. Do pass.
SB 266. Do pass.
Respectfully submitted, Spinks of 9th District, Chairman.
Senator Johnson of the 38th District, Chairman of the Committee on Scien tific Research, submitted the following report:
Mr. President:
Your Committee on Scientific Research has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 263. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 277. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
MONDAY, MARCH 17, 1969
1323
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the Committee of Conference No. 2 on the following bill of the House:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine; and for other purposes.
The Speaker appointed as a Committee of Conference No. 3 on the part of the House the following members thereof:
Messrs. Lambert of the 25th, Murphy of the 19th and Melton of the 32nd.
The following resolution was read and adopted:
SR 121. By Senators Maclntyre of the 40th and Garrard of the 37th:
A resolution designating the North Fulton Special Choir as the Official Choir of the State of Georgia during its special world tour during the Summer of 1969; and for other purposes.
Scripture reading and prayer were offered by the Reverend C. Edward Davis, pastor, Lawrenceville Presbyterian Church, Lawrencevillej Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 145. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to require that inmates released from State penal institutions and county work camps be furnished a certain sum of money; and for other purposes.
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The House amendment was as follows:
The State Institutions and Property Committee moves to amend SB 145 as follows:
By striking the period at the end of the last sentence of quoted Section 21 of Section 1 and adding at the end of said last sentence the following:
", but the county shall be reimbursed for the cost of such transporta tion and clothing by the State Board of Corrections."
Senator Padgett of the 23rd moved that the Senate agree to the House amendment to SB 145.
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 consider ing a House substitute thereto:
SB 149. By Senators Padgett of the 23rd and Coggin of the 35th: A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.
The House Committee on Welfare offered the following substitute:
A BILL
To be entitled an Act to amend an Act creating within the depart ment of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, by an Act approved April 18, 1967 (Ga. L. 1967, p. 772), so as to provide for the acceptance and incarceration of all misdemeanants and felons under the age of 17 years; to provide exceptions thereto; to provide for the Division for Children and Youth being the exclusive
MONDAY, MARCH 17, 1969
1325
State agency for the acceptance and incarceration of certain felons under 17 years of age; to provide for the sentencing of certain felons under 17 years of age to the Division for Children and Youth; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, by an Act approved April 18, 1967 (Ga. L. 1967, p. 772), is hereby further amended by adding after Section 9, subsection (a) and subparagraph (4) and before Section 9, subsection (b), a new subparagraph to be known as subpara graph (5) to read as follows:
"(5). For the acceptance and incarceration of all misde
meanants and felons under the age of 17 years; provided, however, that those felons convicted of a capital felony shall only be sentenced into the custody of the State Department of Corrections. All other persons under the age of 17 years found to be guilty or convicted of a misdemeanor or felony, other than a capital felony by any court in Georgia shall be committed for an indefinite period of time to the custody of the Division for Children and Youth of the State Department of Family and Children Services."
Section 2. Final order; modification or change. Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdic tion to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of said child and the best interests of the State. Provided, however, that the release or parole of any juvenile committed to the Division for Children and Youth for detention in any of its institutions under the terms of this act during the period of One (1) year from the date of commitment, shall be had only with the concurrence and recommendation of the Di rector of the Division for Children and Youth or his designated repre sentative.
After the expiration of one (1) year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confinement or release of the child back to the committing court for further disposition as the court deems proper.
Section 3. The provisions of this Act shall become effective when the Director of the Division for Children and Youth certifies to the Governor of Georgia that funds and facilities are available with which to carry out the purposes of this Act.
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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 disagree to the House substitute to SB 149.
On the motion, the ayes were 30, nays 0.
The motion prevailed, and the House substitute was disagreed to.
Senator Smith of the 34th moved that the Senate disagree with the report of the Committee on Judiciary, which was unfavorable to the following bill of the Senate:
SB 221. By Senators Smith of the 34th and Abney of the 53rd:
A bill to amend an Act fixing the salaries of the judges of the Superior Courts, so as to place a limitation upon the compensation which may by received by a Judge of the Superior Court; to repeal conflictinglaws; and for other purposes.
On the motion to disagree, Senator Smith 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:
Abney Broun of 46th Brown of 47th Carter Coggin Cox Doss Pincher of 54th Holley Holloway Hudgins
Jackson Johnson Kennedy London McGill Pennington Plunkett Reynolds Riley Rowan Scott
Smalley Smith of 18th Starr Vann Walling Ward Webb Young Zipperer
MONDAY, MARCH 17, 1969
Those voting in the negative were Senators:
Adams of 5th Adams of 26th Andrews Bateman Chapman
Eldridge Garrard Hardy Hensley Miller
1327
Smith of 34th Spinks Stephens Tysinger
By unanimous consent, verification of the roll call was dispensed with.
On the motion to disagree, the ayes were 31, nays 14.
The motion, having failed to receive the requisite constitutional majority, was lost, and the committee report was sustained.
The following resolution was read and adopted:
SR 124. By Senators Bateman of the 27th and Adams of the 26th:
A resolution commending the Mark A. Smith High School Basketball Team; 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 60. By Senator Webb of the llth:
A bill to amend an Act establishing the State Employees' Retirement System, approved Feb. 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide for prior service credit for certain individuals serving in the Armed Forces; 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 establishing an Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 8, 1968 (Ga. Laws 1968, p. 195), so as to remove certain provisions de fining "involuntary separation from employment without prejudice"; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act establishing an Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 8, 1968 (Ga. Laws 1968, p. 195), is hereby amended by striking from subsection (25) of Section 1 the following:
"and shall include the failure in an election of an elective official who is a member of the Retirement System of Georgia. The date of the involuntary separation of a member following such failure of election shall be the date on which he ceases to hold the elective office under which he was, immediately prior to the failure of election, a member of said System,",
so that when so amended, said subsection shall read as follows:
"(25) Involuntary separation from employment without preju dice, for the purpose of this Chapter, shall mean separation or release from service not willingly by choice of member who has not been convicted in a court of competent jurisdiction of embezzle ment or larceny of public funds or property or malfeasance in office, or who has not been forced to make restitution for any funds or property criminally taken by said employee at the time of separation.
Involuntary separation from employment with prejudice, for the purpose of this Chapter, shall mean separation or release from service not willingly by choice of member who has been convicted in a court of competent jurisdiction of embezzlement or larceny of public funds or property or malfeasance in office, or who has been forced to make restitution for any funds or property criminally taken by said employee at the time of separation."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed: by substitute.
MONDAY, MARCH 17, 1969
1329
Senator Webb of the llth moved that SB 60 be immediately transmitted to the House.
On the motion, the ayes were 33, nays 0, and the motion prevailed.
SB 93. By Senator Chapman of the 32nd:
A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 8.
The bill, having received the requisite constitutional majority, was passed.
SB 189. By Senators Walling of the 42nd, Plunkett of the 30th and Bateman of the 27th:
A bill to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State Highway Department, to provide for the negotiation of contracts by the State Highway Director and/or the State Highway Department, with incorporated municipali ties; to repeal conflicting laws; and for other purposes.
The Committee on Highways offered the following substitute:
A BILL
To be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State High way Department, approved February 9, 1949 (Ga. Laws 1949, p. 373), to provide for the negotiation of contracts by the State Highway Di rector and/or the State Highway Department with incorporated munici palities having populations of 10,000 or more according to the 1960 United States Decennial Census or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 1 of the Act relating to the negotiation of con-
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JOURNAL OP THE SENATE,
tracts by the State Highway Director and/or the State Highway De partment, approved February 9, 1949 (Ga. Laws 1949, p. 373), 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. The State Highway Director and/or the State Highway Department are hereby prohibited from negotiating con tracts with any person, firm, or corporation for the construction of highways, roads, and bridges except contracts with counties regardless of population or incorporated municipalities having populations of 10,000 or more according to the 1960 United States Decennial Census or any future such census for work to be per formed by convict labor or county or municipal forces, and not other-
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Webb of the llth offered the following amendment to the committee substitute to SB 189:
Amend committee substitute to SB 189 by striking the numerals "10,000" and substituting therefor "3,000" wherever the numeral "10,000" appears and by striking "/or" wherever it appears.
On the adoption of the amendment to the committee substitute, the ayes were 42, nays 0, and the amendment was adopted.
On the adoption of the committee substitute as amended, the ayes were 36, nays 12, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
HR 181. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell and Keyton of the 70th:
A resolution expressing opposition to the Federal Communications Commission's proposal to ban cigarette advertising on radio and tele vision; and for other purposes.
MONDAY, MARCH 17, 1969
1331
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, Senator Dean of the 6th called for th 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:
Abney Adams of 26th Andrews Bateman Brown of 47th Carter Chapman Coggin Cox Dean Eldridge Pincher of 51st Fincher of 54th
Gillis Hardy Hill Holley Holloway Hudgins Jackson Johnson Kennedy London McGill Pennington Reynolds
Rowan Scott Smalley Smith of 18th Spinks Starr Stephens Trippe Vann Webb Young Zipperer
Those voting in the negative were Senators:
Adams of 5th Doss Garrard Hensley
Miller Padgett Plunkett Searcey
Smith of 34th Tysinger Walling Ward
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 38, nays 12.
The resolution, having received the requisite constitutional majority, was adopted.
HR 264. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee and Lee of the 61st and others: A resolution approving the Governor's plan for communications and creating the State Communications Committee; and for other purposes.
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JOURNAL OF THE SENATE,
Senator Andrews of the 49th moved that HR 264 be recommitted to the Committee on Economy, Reorganization and Efficiency in Government.
On the motion, the ayes were 27, nays 7, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 32. By Senator Holloway of the 12th:
A bill to amend Code Section 56-317, relating to the power of the Insurance Commissioner to revoke, suspend or refuse to renew the cer tificate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such authority; to repeal conflicting laws; and for other purposes.
The House Committee on Insurance offered the following amendment:
Section 1. Code Chapter 56-3, relating to the authorization of in surers to do business in this State, is hereby amended by adding between Code Sections 56-317 and 56-318 two (2) new code sections to be num bered 56-317.1 and 56-317.2 to read as follows:
"56-317.1.--Administrative Fine for Certain Acts of Officers, Employees, Agents or Representatives. The Commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, em ployees, agents or representatives has:
(1) With such frequency as to indicate its general business practice in this state:
(a) Refused, without just cause, to pay proper claims arising under coverages provided by its policies, whether such claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to such third person or in favor of any other person entitled to the proceeds of a policy, or
(b) Compelled, without just cause, insureds, claimants or other persons entitled to the proceeds of its policies in this state to accept less than the amount due them or to bring suit against the insurer or an insured to secure full payment or settlement thereof.
The administrative fine imposed for violations set forth in paragraphs (a) or (b) shall not exceed $1000.00 for each act of misconduct constituting a violation provided, however, a fine of
MONDAY, MARCH 17, 1969
1333
not more than $5,000 for each act of wilfull misconduct constituting a violation may be imposed.
56-317.2.--Discretionary Suspension Without Notice and Hear ing Where Delinquency Proceedings Have Commenced. The Com missioner may, without advance notice or a hearing thereon, suspend immediately the Certificate of Authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance supervisory official of such state."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Holloway of the 12th moved that the Senate agree to the House amendment to SB 32.
On the motion, the ayes were 38, 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 passed by the requisite constitutional majority the following bills of the House, to~wit:
HB 935. By Mr. Nessmith of the 44th: A bill to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render same from any infectious or contagious disease, so as to provide that all food service establishments, whether public or private shall submit certain reports to the Commissioner of Agriculture; and for other pur poses.
HB 446. By Messrs. Shanahan of the 8th and Harris of the 10th: A bill to provide in certain counties of this State it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of, or aid of recorded calls or sounds or recorded or electroni cally amplified limitations of calls or sounds; and for other purposes.
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JOURNAL OF THE SENATE,
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relat ing to the hospitalization and release of mentally ill persons by provid ing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Smith of the 3rd, Brown of the 110th and Marcus of the 105th.
The following bills were read the first time and referred to Committees:
HB 935. By Mr. Nessmith of the 44th: A bill to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render same from any infectious or contagious disease, so as to provide that all food service establishments whether public or private shall submit certain reports to the Commissioner of Agriculture; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 446. By Messrs. Shanahan of the 8th and Harris of the 10th: A bill to provide in certain counties of this State it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of, or aid of recorded calls or sounds or recorded or electronically amplified limitations of calls or sounds; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th: A bill to amend Code Title 88 known as the "Georgia Health Code", so
MONDAY, MARCH 17, 1969
1335
as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
Senator Vann of the 10th moved that the Senate adhere to its substitute to HB 1, and that a Committee of Conference be appointed.
On the motion, Senator Vann of the 10th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Cox Dean Doss Eldridge Pincher of 51st Fincher of 54th
Garrard Gillis Hardy Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Miller Pennington Plunkett Reynolds
Rowan Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the motion, the ayes were 45, nays 0, and the motion prevailed.
The president appointed as a Conference Committee on the part of the Senate the following:
Senators Rowan of the 8th, Vann of the 10th and Kidd of the 25th.
The following general bill, favorably reported by the Committee, was read the third time, and put upon its passage:
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JOURNAL OF THE SENATE,
SB 62. By Senator Holley of the 22nd:
A bill to amend an Act known as the "Trial Judges and Solicitors Re tirement Fund Act", so as to exclude from said Act solicitors of city courts of this State, who have contributed to, and been members of a county pension or retirement fund for a period of 20 years immediately before being elected to, or appointed to, the office of solicitor; and for other purposes.
The Committee on Retirement offered the following amendment:
Amend SB 62 as follows:
By inserting in Section 1, immediately after the phrase "taking office as such Solicitor" and before the phrase "be excluded from membership in said Fund." the following:
"may irrevocably elect to"
so that when so amended Section 1 of Senate Bill 62 shall read as fol lows:
"Section 1. An Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), is hereby amended by adding at the end of the last sentence of Section 8 (d) the following:
"Provided, however, that any Solicitor of any inferior Court of this State, who has been a contributing member in any previ ously established County pension fund or retirement Act for a period of at least twenty years immediately before his taking office as such Solicitor may irrevocably elect to be excluded from membership in said Fund. The words 'County pension fund or retirement Act' as used herein shall mean only those certain pension and retirement funds heretofore provided for by strictly local bills, applicable to certain named Counties."
On the adoption of the committee amendment, the ayes were 4, nays 28, and the amendment was lost.
Senator Holley of the 22nd offered the following substitute:
A BILL
To be entitled an Act to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968, (Ga. Laws 1968, p. 259), so as to exclude from said Act Solicitors of city courts of this State, who are entitled to membership in a county pension
MONDAY, MARCH 17, 1969
1337
or retirement fund; to provide for an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the Trial Judges and Solicitors Re tirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), is hereby amended by adding at the end of the last sentence of Section 8 (d) the following:
"Provided, however, that any Solicitor of any inferior Court of this State, who is entitled to membership in any previously established county pension fund or retirement Act shall be excluded from membership in said Fund. The words 'County pension fund or retirement Act' as herein used shall mean only those certain pension and retirement funds heretofore provided for by strictly local bills, applicable to certain named Counties."
Section 2. The effective date of this Act shall be January 1, 1969.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 36, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the Senate was taken up for the purpose of consider ing a House substitute thereto:
SB 114. By Senator Kidd of the 25th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors as amended, so as to provide that the board shall record and file the valuation fixed and assessed on corrected returns; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
The House Committee on Special Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 92-6912, relating to arbitration, as amended, so as to provide for an appeal of the arbitrators' decision to the Superior Court of the county in which the land lies by either the taxpayer or the Board of Tax Assessors under certain conditions; 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. Code Section 92-6912, relating to arbitration, as amended, is hereby amended by adding at the end thereof the following:
"The taxpayer or the Board of Tax Assessors may appeal the arbitrators' decision to the superior court of the county in which the land lies any time the difference between the valuation of the Board of Tax Assessors and the valuation of the arbitrators exceeds the sum of $1,000.00. The appeal shall be filed with the clerk of the superior court within 30 days after the arbitrators' decision is filed with the Board of Tax Assessors. The appeal shall constitute a de novo action and shall be heard before a jury at the first term following the filing of the appeal. The Board of Tax Assessors shall use the valuation of the arbitrators in compiling the tax digest for the county. However, if the said court disagrees with the valuation of the arbitrators and fixes a different valuation on the property, the taxpayer shall receive a deduction in his taxes for the year in question if the valuation fixed by the judgment of said court is less than the valuation of the arbitrators. However, if the valuation of the said court is more than the valuation of the arbitrators, the taxpayer shall be liable for the increase in taxes for the year in question as a result of the increased valuation fixed by the said court."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Kidd of the 25th moved that the Senate agree to the House sub stitute to SB 114.
On the motion, the ayes were 37, nays 0.
The motion prevailed, and the House substitute was agreed to.
MONDAY, MARCH 17, 1969
1339
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Collins of the 72nd:
A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems in the General Assembly and required fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain retirement systems; and for other purposes.
The Committee on Retirement offered the following amendment:
Amend HB 652 by deleting the last sentence of Section 1, which reads as follows:
"No such bill shall be reported out of the committee until at least two days after the receipt of the fiscal notes by the chair man."
and
by deleting the last eleven words of Section 2 thereof which read as follows:
"upon in such house upon the request of any member thereof."
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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 80th, and others:
A bill to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.
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JOURNAL OF THE SENATE,
The Committee on Temperance offered the following amendment:
Amend HB 61 by inserting immediately before the phrase:
"to repeal conflicting laws"
the following:
"to provide an effective date;".
By inserting immediately after the word "distribute", wherever it shall appear in Section 2, the following:
", display for sale".
By inserting between the words "Act" and "accept", as they appear
in subsection (b) of Section 4 the following:
"for violations of Sections 2 and 3".
By renumbering Section 10 as Section 11.
And, by inserting following Section 9 a new Section 10 to read as follows:
"Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
On the adoption of the amendment, the ayes were 35, nays 1, and the amendment was adopted.
Senator Searcey of the 2nd offered the following amendment:
Amend HB 61 in Sections 1 (a) by changing word eighteen to 17.
On the adoption of the amendment of Senator Searcey of the 2nd, Senator Spinks of the 9th 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:
Fincher of 51st Fincher of 54th McGill
Pennington Searcey Smith of 18th
Zipperer
MONDAY, MARCH 17, 1969
Those voting in the negative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Cox Dean Doss
Eldridge Garrard
Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London
Miller Noble
1341
Plunkett Reynolds Rowan Scott Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Webb Young
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.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed amended.
The following bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference thereto:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and others: A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law," so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
The report of the Conference Committee was as follows:
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JOURNAL OF THE SENATE,
Conference Committee Report on House Bill No. 81.
The Conference Committee on House Bill No. 81 recommends the following:
(1) That the House recede from its position that Section 3 of the bill, as introduced, be enacted, which Section 3 requires that counties, municipalities and school districts be refunded the State tax paid on motor fuel and kerosene subject to certain conditions.
(2) That the Senate recede from its position that the sales tax on gas tax be removed on the effective date of said House Bill.
(3) That the title, after the words "so as to provide", be changed to read as follows:
"for an increase in the motor fuel tax; to provide for certain refunds; to provide for removal of certain State and Federal ex cise taxes, effective July 1, 1971; to provide an effective date; to repeal conflicting laws; and for other purposes."
(4) That said House Bill provide, in lieu of present Section 3, a new Section 3 to read as follows:
"Section 3. Any other laws to the contrary notwithstanding, in determining the liability for the payment of the tax imposed by an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" approved February 20, 1951 (Ga. Laws 1951, p. 360), as now or hereafter amended, upon the sale of motor fuel, effective July 1, 1971, there shall be excluded all Federal and State excise taxes which are imposed upon the sale of motor fuel by the provisions of Section 4081 of the Internal Revenue Code of 1954 and Code Chapter 92-14 of the Code of Georgia, respectively."
Respectively submitted,
FOR THE SENATE Honorable Hugh Gillis Senator, 20th District Honorable Sam Hensley Senator, 33rd District Honorable Jack Fincher Senator, 51st District
FOR THE HOUSE OF REPRESENTATIVES
Honorable George Busbee Representative, 61st District
Honorable Virgil Smith Representative, 3rd District
Honorable Peyton Hawes, Jr. Representative, 95th District
MONDAY, MARCH 17, 1969
1343
Senator Gillis of the 20th moved that action on the Conference Committee report to HB 81 be postponed until March 18th.
On the motion, the ayes were 40, nays 0, and the motion prevailed.
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 following1 bills and resolution of the House, to-wit:
HB 734. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A bill to require the State Revenue Commissioner to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and per sonal property exempted from taxation for school purposes; and for other purposes.
HB 735. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Revenue Commis sioner shall furnish the equalized adjusted school property tax digest of each county and each independent school system and of the State as a whole to the State Board of Education; and for other purposes.
HR 255. By Messrs. Lowrey, Toles and Graves of the 9th: A resolution providing for and authorizing the conveyance of certain State property located in Floyd County, Georgia; and for other pur poses.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and resolution of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 35. SB 60.
1344
SB 249. SB 252. SB 258. SB 267. SR 106.
JOURNAL OF THE SENATE,
Respectfully submitted, Eldridge of the 7th District, Chairman.
The following bills and resolution were read the first time and referred to committees:
HB 734. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A bill to require the State Revenue Commissioner to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and per sonal property exempted from taxation for school purposes; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 735. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Revenue Commis sioner shall furnish the equalized adjusted school property tax digest of each county and each independent school system and the Senate as a whole to the State Board of Education; and for other purposes.
Referred to Committee on Educational Matters.
HR 255. By Messrs. Lowrey, Toles and Graves of the 9th:
A resolution providing for and authorizing the conveyance of certain State property located in Floyd County, Georgia; and for other pur poses.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
MONDAY, MARCH 17, 1969
1345
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 208. By Senators Trippe of the 31st and McGill of the 24th: A bill to amend Code Chapter 57-1, relating to interest and usury, so as to authorize any person to agree in writing, whether originally or by renewal or extension, to pay such rate of interest as he may determine on certain loans; to repeal conflicting laws; and for other purposes.
Senator Stephens of the 36th moved that SB 208 be indefinitely postponed.
On the motion, Senator Stephens of the 36th called for the ayes and nays.
Senator Holley of the 22nd moved the previous question on the bill.
The Chair ruled that the move for the previous question took precedence over the motion to indefinitely postpone.
Senator Vann of the 10th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning.
The Chair ruled that since it was a motion to adjourn to a definite time, the move for the previous question took precedence over the motion to adjourn.
Senator Andrews of the 49th moved that SB 208 be tabled.
On the motion to table, the ayes were 19, nays 20, and the motion was lost.
Senator Webb of the llth moved the ayes and nays on the previous ques tion, and the motion prevailed.
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:
Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard
Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Noble Plunkett
Reynolds Rowan Scott Searcey Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the motion for the previous question, the ayes were 48, nays 0, and the motion prevailed.
Senator Holley of the 22nd moved that the Senate reconsider all amend ments to SB 208.
On the motion, the ayes were 25, nays 4, and the motion prevailed.
Senator Stephens of the 36th moved that the Senate do now adjourn.
On the motion to adjourn, the ayes were 16, nays 21, and the motion was lost.
Senator Searcey of the 2nd asked unanimous consent that the following amendment be withdrawn:
Amend floor substitute to SB 208 by striking from Section 57-101 the number "10" and substituting the number "9".
The consent was granted.
MONDAY, MARCH 17, 1969
1347
The Chair ruled that the following: amendment by Senator Reynolds of the 48th was not germane to SB 208:
Amend SB 208 by adding a new Section 57-119-D as follows:
"A rate of 6%% must be paid on all time deposits and certifi cates."
Senator Walling of the 42nd asked unanimous consent that the following amendment be withdrawn:
Amend SB 208 by striking the figure "$2,500" appearing in Sec tion 1, subsection (b) and substituting in lieu thereof the figure "$25,000.00".
The consent was granted.
The following amendment of Senator Coggin of the 35th was reconsidered:
Amend SB 208 as follows:
By inserting between the word "and" and the word "as" in sub section (a) of quoted Code Section 57-119 of Section 1 the following:
"such rate shall be the lawful contract rate of interest appli cable to such transaction and",
so that when so amended subsection (a) of quoted Code Section 57-119 of Section 1 shall read as follows:
"(a) Notwithstanding any other provisions of this Code, Title or any other Acts to the contrary, any person may agree in writing to pay such rate of interest as he may determine on any loan and such rate shall be the lawful contract rate of interest applicable to such transaction and as to such loan transaction the claim or defense of usury shall be prohibited."
On the adoption of the amendment, the ayes were 1, nays 31, and the amend ment was lost.
Senator Smalley of the 28th offered the following substitute:
A BILL
To be entitled an Act to amend Code Chapter 57-1, relating to in terest and usury, as amended, so as to change the legal rate of interest;
1348
JOURNAL OP THE SENATE,
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 57-1, relating to interest and usury, as amended, is hereby amended by striking in Code Section 57-101, relating to the legal rate of interest, the word "eight", and inserting in lieu thereof the word "ten", so that when so amended, Code Section 57-101 shall read as follows:
"57-101. Legal rate of interest; rate higher than ten per centum forbidden.--The legal rate of interest shall be seven percentum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than ten per centum per annum, either directly or indirectly by way of commission for advances, discount, exchange, or by any contract or contrivance or device whatever."
Secion 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, Senator Searcey of the 2nd called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Broun of 46th Carter Coggin Doss
Fincher of 51st Gillis Hardy Hensley
Holley Holloway Hudgins Jackson
Kidd McGill Padgett Plunkett
Scott Smith of 18th Spinks Starr Trippe Vann Walling
Those voting in the negative were Senators:
Abney Adams of 5th Andrews
Brown of 47th Chapman Cox
Dean Eldridge Fincher of 54th
Garrard Hill Johnson
Kennedy London Miller
MONDAY, MARCH 17, 1969
1349
Noble Reynolds Rowan
Searcey Stephens Tysinger
Ward Webb Young
Zipperer
The roll call was verified.
On the adoption of the substitute, the ayes were 23, nays 25, and the sub stitute was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 0, nays 38.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
1350
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Tuesday, March 18, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
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 Riley of the 1st 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Dale Richardson, and as the nurse of the day, Mrs. Kay Saxon.
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 923. By Mr. Dailey of the 63rd: A bill to amend an Act creating a new charter for the City of Edison, so as to change the terms of office of mayor and councilmen; and for other purposes.
TUESDAY, MARCH 18, 1969
1351
HB 924. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of said sheriff; and for other purposes.
HB 925. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, so as to provide for compensation for the commissioner of said county; and for other pur poses.
HB 927. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,500; and for other purposes.
HB 928. By Messrs. Scarlett and Harris of the 67th:
A bill to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to designate the chief jailer; and for other purposes.
HB 929. By Messrs. Scarlett and Harris of the 67th:
A bill to amend an Act creating a Board of Commissioners for Glynn County, so as to provide for the compensation for members of the Board; and for other purposes.
HB 930. By Messrs. Scarlett and Harris of the 67th:
A bill to amend an Act creating the City Court of Brunswick, so as to change the name of said court; and for other purposes.
HB 936. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the Superior Court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.
HB 937. By Mr. Conner of the 56th:
A bill to fix the compensation of the members of the Board of Educa tion of Appling County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 939. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a new charter for the City of Gray (formerly town of Gray), so as to change the corporate limits of said city; and for other purposes.
HB 940. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Davis, Floyd, Westlake and Higginbotham of the 75th, Vaughn and Jordan of the 74th, Harris, Farrar, Thomason and Levitas of the 77th: A bill to provide two additional court reporters for certain judicial circuits; to provide additional secretarial and clerical help in such cir cuits; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 196. By Senator London of the 50th: A bill to abolish the present mode of compensating the ordinary of Fannin County, known as the fee system; and for other purposes.
SB 197. By Senator London of the 50th: A bill to abolish the present mode of compensating the clerk of the superior court of Fannin County, known as the fee system; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 854. By Mr. Lambert of the 25th: A bill to amend an Act approved February 27, 1962 (Ga. L. 1962, p. 119), so as to provide that it shall not be necessary to obtain the sig natures of the owners of any public street, road or highway right-ofway; and for other purposes.
HB 907. By Messrs. Blalock, Potts and Ware of the 30th: A bill to amend Code Chapter 24-8, relating to constables, so as to pro vide that constables shall not have power of arrest for offenses arising from violations of traffic laws; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
TUESDAY, MARCH 18, 1969
1353
HB 280. By Mr. Lambert of the 25th:
A bill to amend Code Section 92-3211, relating to late, false and fraudulent income tax returns, so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; and for other purposes.
HB 570. By Messrs. Jones of the 59th, Scarlett of the 67th, Nessmith of the 44th, Harrison of the 66th, Gignilliat of the 89th, Whaley of the 93rd and others:
A bill to amend an Act creating the Ocean Science Center of the At lantic Commission, so as to provide for the establishment of marine resources extension centers; to reconstitute the membership of the Board of Trustees; and for other purposes.
HB 607. By Mr. Conner of the 56th:
A bill to amend an Act entitled "An Act to levy a tax upon fees, in terests, insurance premiums and all other charges of whatever kind collected by persons licensed under the 'Georgia Industrial Loan Act'; and for other purposes.", so as to conform the rate of taxation therein to the provisions of a resolution approved February 13, 1956 (Ga. L. 1956, p. 86); to change the method of remitting said tax; and for other purposes.
HR 271. By Mr. Lambert of the 25th:
A resolution authorizing the conveyance of certain real property in Greene County, Georgia, to Greene County; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimi nal Code, so as to repeal the Code Section relating to the improper use of a credit card; to provide for a new Code Chapter relating to the illegal use of credit cards; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
1354
JOURNAL OF THE SENATE,
HB 938. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax collector and his secretary; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st: A bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th, Bond of the llth, Marcus of the 105th and others: A bill to amend the Act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.
HB 391. By Messrs. Hudson and Dorminy of the 48th: A bill to amend an Act creating a board of commissioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.
HB 631. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
HB 632. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; and for other purposes.
TUESDAY, MARCH 18, 1969
1355
HB 642. By Messrs. Kreeger, Burruss, Henderson, Wilson and Housley of the 117th:
A bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.
HB 748. By Messrs. Rainey and Bowen of the 47th:
A bill to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.
HB 793. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A bill to amend an Act providing a new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 755. By Mr. Ross of the 26th:
A bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of accoun tants, so as to provide that the members thereof may succeed them selves; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 282. By Senator Searcey of the 2nd:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and providing for a new Criminal Code, approved April 10, 1968, so as to abolish the death penalty; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
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JOURNAL OP THE SENATE,
SB 283. By Senators Smith of the 34th, Hardy of the 56th, Garrard of the 37th and others:
A bill to amend an Act fixing the salaries of the Judges of the Superior Courts, approved March 7, 1957, as heretofore amended; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 285. By Senator Webb of the llth: A bill to provide that it shall be unlawful for any person to block the egress or ingress of any public building; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SR 128. By Senator Coggin of the 35th: A resolution creating the Metropolitan Atlanta Airport System Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 129. By Senators Young of the 13th, Rowan of the 8th, Eldridge of the 7th and others: A resolution urging the U. S. Department of Defense and the National Aeronautics and Space Administration (NASA) to compensate Mr. Oliver C. Forehand; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
The following bills and resolutions were read the first time and referred to committees:
HB 280. By Mr. Lambert of the 25th: A bill to amend Code Section 92-3211, relating to late, false and fradulent income tax returns, so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; and for other purposes.
Referred to Committee on Banking and Finance.
HB 570. By Messrs. Jones of the 59th, Scarlett of the 67th, Nessmith of the 44th and others:
A bill to amend an Act creating the Ocean Science Center of the
TUESDAY, MARCH 18, 1969
1357
Atlantic Commission, so as to provide for the establishment of marine resources extension centers; to reconstitute the membership of the Board of Trustees; and for other purposes.
Referred to Committee on Scientific Research.
HB 607. By Mr. Conner of the 56th:
A bill to amend an Act entitled "An Act to levy a tax upon fees, interest, insurance premiums and all other charges of whatever kind collected by persons licensed under the 'Georgia Industrial Loan Act'; and for other purposes.", so as to conform the rate of taxation therein to the provisions of a resolution approved Feb. 13, 1956 (Ga. L. 1956, p. 86); to change the method of remitting said tax; and for other purposes.
Referred to Committee on Banking and Finance.
HB 854. By Mr. Lambert of the 25th:
A bill to amend an Act approved February 27, 1962 (Ga. L. 1962, p. 119), so as to provide that it shall not be necessary to obtain the signatures of the owners of any public street, road or highway rightof-way; and for other purposes.
Referred to Committee on Judiciary.
HB 907. By Messrs. Blalock, Potts and Ware of the 30th:
A bill to amend Code Chapter 24-8, relating to constables, so as to provide that constables shall not have power of arrest for offenses arising from violations of traffic laws; and for other purposes.
Referred to Committee on Highways.
HB 923. By Mr. Dailey of the 53rd:
A bill to amend an Act creating a new charter for the City of Edison, so as to change the terms of office of mayor and councilmen; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 924. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of said sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
HB 925. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, so as to provide for compensation for the commissioner of said county; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 927. By Messrs. Bennett, Barfield and Reaves of the 71st: A bill to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,500; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 928. By Messrs. Scarlett and Harris of the 67th:
A bill to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to designate the chief jailer; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 929. By Messrs. Scarlett and Harris of the 67th:
A bill to amend an Act creating a Board of Commissioners for Glynn County, so as to provide for the compensation for members of the Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 930. By Messrs. Scarlett and Harris of the 67th: A bill to amend an Act creating the City Court of Brunswick, so as to change the name of said court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 936. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the Superior Court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.
Referred to Committee on County and Urban Affairs.
TUESDAY, MARCH 18, 1969
1359
HB 937. By Mr. Conner of the 56th:
A bill to fix the compensation of the members of the Board of Edu cation of Appling County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 938. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax collector and his secretary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 939. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a new charter for the City of Gray (formerly town of Gray), so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 940. By Messrs. Bell and Morris of the 73rd, Collins of the 72nd and others:
A bill to provide two additional court reporters for certain judicial circuits; to provide additional secretarial and clerical help in such cir cuits; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 271. By Mr. Lambert of the 25th: A resolution authorizing the conveyance of certain real property in Greene County, Georgia, to Greene County; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
The following bills and resolutions were read the second time:
SB 278. By Senator Hardy of the 56th:
A bill to amend Code Chapter 95-18, relating to safe and unsafe rail road crossings, so as to eliminate the designation of safe crossings and to provide that all public highways which cross the main line of any railroad at grade, not in an incorporated town or city, shall be desig nated as an unsafe crossing; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
SB 279. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Georgia Securities Act", approved Feb. 26, 1957, so as to provide for an exemption from the registration requirements of said Act for transactions involving the issuance of certain security; and for other purposes.
SB 280. By Senators Walling of the 42nd and Cox of the 21st:
A bill to provide that no person shall remove, fill, dredge or drain or otherwise alter any marshlands in this State without first filing a written notice with the political subdivision in which a majority of the land of proposed activity described in such application lies; to repeal conflicting laws; and for other purposes.
SR 123. By Senator Hill of the 29th:
A resolution authorizing the disposal of five separate tracts of land located in Meriwether County, Georgia; and for other purposes.
HB 11. By Messrs. Odom of the 61st and Floyd of the 7th:
A bill to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new program; and for other purposes.
HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th and others:
A bill to amend the Code of Georgia of 1933, as amended, so as to increase the time within which certain vehicles must be registered and a license plate required; and for other purposes.
HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Funk of the 92nd and others:
A bill to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; to provide for penalties for viola tions; and for other purposes.
HB 457. By Messrs. Kreeger and McDaniell of the 117th:
A bill to amend Code Section 56-1201, relating to venue in actions against insurance companies, so as to include Superior Court Clerks or Deputy Clerks and Clerks or Deputies of any courts of record as persons upon whom a suit shall be instituted only in the county of their residence upon their official bonds; and for other purposes.
TUESDAY, MARCH 18, 1969
1361
HB 507. By Mr. Matthews of the 63rd: A bill to be known as the "Georgia Equine Act"; and for other purposes.
HB 525. By Messrs. Melton of the 32nd, Wamble of the 69th and Peterson of the 41st:
A bill to authorize the State Revenue Commissioner to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the State Revenue Commissioner of any tax levied by any said county or municipality which is also levied and collected by the State Revenue Commissioner for the State; and for other purposes.
HB 648. By Messrs. Rainey of the 47th, Dickinson of the 118th, Hargrett of the 58th and others:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Pish Commission, so as to provide that certain employees of the State Game and Pish Commission be included under coverage of the State Merit System of Personnel Administration; and for other purposes.
HB 812. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to authorize each county and municipality to levy and collect a tax upon the sale or charges for any room or rooms, lodgings or ac commodations furnished by any hotel, motel, inn, tourist camp, tourist cabin or any other such place; and for other purposes.
HB 813. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made by places of amusements, sports, or entertainment or other like places where an admission fee is charged; and for other purposes.
HB 814. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to delete the popula tion requirements in Section 31 (a); and for other purposes.
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JOURNAL OP THE SENATE,
HB 842. By Mr. Barber of the 15th:
A bill to amend Code Section 32-1004 and Code Section 89-101, so as to change the qualifications of county school superintendents; and for other purposes.
HB 872. By Mr. Hargrett of the 58th:
A bill to amend an Act placing the sheriff and the clerk of the superior court of Wayne County on an annual salary, so as to change the annual salaries of the sheriff and the clerk of the superior court of Wayne County; and for other purposes.
HB 881. By Mr. Ross of the 26th:
A bill to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the Solicitor General (now District Attorney) of Toombs Judicial Circuit, so as to provide for an expense allowance for said District Attorney; and for other purposes.
HB 882. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County, so as to change the compensation which the deputy sheriff receives from county funds; and for other purposes.
HB 883. By Messrs. Anderson and Holder of the 49th:
A bill to change the number of the members of the Telfair County Board of Education from 5 to 7; and for other purposes.
HB 884. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, so as to vest fee simple title of certain city streets and alleys in the City of Helena; and for other purposes.
HB 890. By Mr. Harris of the 10th:
A bill to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide for personnel to assist certain county officers; and for other purposes.
TUESDAY, MARCH 18, 1969
1363.
HB 891. By Mr. Harris of the 10th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to provide for clerical help for the commissioner; and for other purposes.
HB 892. By Mr. Harris of the 10th:
A bill to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, so as to provide for certain personnel to assist the tax commissioner; and for other purposes.
HB 899. By Messrs. Graves, Lowrey and Toles of the 9th:
A bill to reincorporate the City of Cave Spring in the County of Floyd; to create a new Charter for said city; and for other purposes.
HB 901. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A bill to amend an Act creating the City Court of Albany, so as to< reduce the number of judges pro hac vice; to change the compensation: of the judges pro hac vice; and for other purposes.
HB 903. By Messrs. Rainey and Bowen of the 47th:
A bill to provide for the membership of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November 1968 general election and found in Georgia Laws 1968, p. 1715; to provide for the election of a chairman; and for other purposes.
HB 908. By Messrs. Bostick, Matthews and Fallin of the 63rd:
A bill to require the Chairman of the Board of Commissioners of all counties with populations of not less than 17,000 nor more than 34,000,. to effectuate all actions approved by a majority of the members of said board; and for other purposes.
HR 249. By Messrs, McCracken of the 36th, Higginbotham of the 75th, Lambert of the 25th and others:
A resolution creating the Joint Election Laws Study Committee; and for other purposes.
HR 272. By Messrs. Smith, Cole and Leonard of the 3rd:
A resolution abandoning certain property in Whitfield County for park purposes; and for other purposes.
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JOURNAL OP THE SENATE,
HE 280. By Messrs. Wamble of the 69th and Matthews of the 63rd:
A resolution requesting the Georgia Congressional Delegation to sup port H. R. No. 2500; and for other purposes.
HR 285. By Messrs. Hale of the 1st, Harris of the 77th and Johnson of the 29th:
A resolution requesting the State Revenue Commissioner to undertake a program of assistance for cities and counties with respect to the ad valorem taxation of mobile homes; and for other purposes.
HR 288. By Messrs. Dean of the 76th, Hood of the 99th, Ezzard of the 102nd and others:
A resolution requesting the Georgia Delegation to initiate federal legislation to provide certain funds for aid to families with dependent children; and for other purposes.
HB 935. By Mr. Nessmith of the 44th:
A bill to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in such manner as to render same from any infectious or contagious disease, so as to provide that all food service establishments whether public or private shall submit certain reports to the Commissioner of Agriculture; and for other pur poses.
HB 446. By Messrs. Shanahan of the 8th and Harris of the 10th:
A bill to provide in certain counties of this State it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of, or aid of recorded calls or sounds or recorded or electronic ally amplified limitations of calls or sounds; and for other purposes.
HB 734. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A bill to require the State Revenue Commissioner to establish an equal ized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempted from taxation for school purposes; and for other purposes.
HB 735. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Revenue Commis-
TUESDAY, MARCH 18, 1969
1365
sioner shall furnish the equalized adjusted school property tax digest of each county and each independent school system and of the State as a whole to the State Board of Education; and for other purposes.
HR 255. By Messrs. Lowrey, Toles and Graves of the 9th:
A resolution providing for and authorizing the conveyance of certain. State property located in Floyd County, Georgia; and for other pur poses.
The following reports of standing committees were read by the secretary:
Senator Fincher of the 51st 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 resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tion:
HR 266. Do pass. Respectfully submitted, Fincher of 51st District, Chairman.
Senator Hensley of the 33rd 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 272. Do pass. SB 276. Do pass as amended. HB 805. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
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JOURNAL OF THE SENATE,
Senator Andrews of the 49th District, Chairman of the Committee on Educational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 275. Do pass.
HB 785. Do pass.
Respectfully submitted,
Andrews of 49th District,
Chairman.
Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 268. Do pass.
HB 279. Do pass.
HB 428. Do pass.
HB 651. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban 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 87. Do pass by substitute. Respectfully submitted, Maclntyre of 40th District, Chairman.
TUESDAY, MARCH 18, 1969
1367
Senator Smith of the 18th 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 followingrecommendations :
HB 434. Do pass.
Respectfully submitted,
Smith of 18th District,
Chairman.
Senator Webb of the llth District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement 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 169. Do pass. HB 174. Do pass. HB 186. Do pass.
Respectfully submitted, Webb of llth District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 142. Do pass as amended. SB 143. Do pass. SB 144. Do pass by substitute. SB 269. Do pass.
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JOURNAL OF THE SENATE,
SB 270. Do pass. HB 558. Do pass. HB 660. Do pass. HB 661. Do pass. HB 662. Do pass. HB 663. Do pass. HB 664. Do pass. HB 665. Do pass. HB 666. Do pass. HB 667. Do pass as amended. HB 668. Do pass. HB 669. Do pass. HB 670. Do pass as amended. HB 671. Do pass. HB 672. Do pass. HB 673. Do pass. HB 680. Do pass. HB 685. Do pass. HB 690. Do pass as amended. HB 691. Do pass. HB 692. Do pass. HB 733. Do pass. HB 776. Do pass. HB 777. Do pass. HB 778. Do pass. HB 779. Do pass. HB 798. Do pass. HB 799. Do pass. HB 808. Do pass. HB 809. Do pass. HB 816. Do pass. HB 819. Do pass.
HB 822. Do pass as amended.
HB 823. Do pass.
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1369
HB 824. Do pass. HB 825. Do pass. HB 826. Do pass. HB 827. Do pass. HB 828. Do pass. HB 829. Do pass. HB 835. Do pass. HB 840. Do pass. HB 846. Do pass. HB 850. Do pass. HB 868. Do pass. HB 871. Do pass. HB 873. Do pass. HB 880. Do pass. HB 885. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
The following resolutions were read and adopted:
SR 125. By Senators Zipperer of the 3rd, Searcey of the 2nd, Kennedy of the 4th and others: A resolution expressing appreciation to the young ladies of the tele phone center; and for other purposes.
SR 126. By Senators Tysinger of the 41st, Maclntyre of the 40th, Ward of the 39th and others: A resolution commending Mr. F. Robert (Bob) Prybylowski; and for other purposes.
SR 127. By Senator London of the 50th: A resolution commending Dr. Homer Harrison Lancaster; and for other purposes.
Scripture reading and prayer were offered by the Reverend James Burrell, pastor, First Baptist Church, Bainbridge, Georgia.
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By unanimous consent, the call of the roll was dispensed with.
The following general bill and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
SB 150. By Senators Doss of the 52nd, Fincher of the 54th, Vann of the 10th and Starr of the 44th:
A bill to amend Code Section 23-1704, relating to the bonds required of contractors contracting with the county, as amended, so as to pro vide that the requirements of certain code sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at less than $1,500; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 178. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A resolution authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and interest which the State possesses in a certain tract of land; 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 Webb of the llth moved that the following bill of the House be withdrawn from the Committee on Retirement and recommitted to the Com mittee on County and Urban Affairs:
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1371
HB 108. By Mr. Adams of the 100th:
A bill to provide for increased pension benefits for policemen and fire men, widows and minor children of the same in certain counties (population in excess of 300,000); and for other purposes,
On the motion, the ayes were 29, nays 0, and the motion prevailed.
Senator Rowan of the 8th moved that the following bill of the Senate be recommitted to the Committee on Judiciary:
SB 212. By Senator Rowan of the 8th:
A bill to provide that it shall be unlawful for any person, firm or corporation to set up, promote or engage in any plan by which goods or anything of value is sold for a consideration, and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by making a similar purchase and agreeing to secure one or more persons likewise to join the said plan; to repeal conflicting laws; and for other purposes.
On the motion, the ayes were 41, nays 1, and the motion prevailed.
The following general bill and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HR 82. By Messrs. Nessmith of the 44th, Brantley of the 62nd, Chandler of the 34th, Harrison of the 66th and Jones of the 59th:
A resolution creating the Georgia Coastal Study Committee; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HR 82 by striking the following:
"BE IT FURTHER RESOLVED that each member of said Committee shall be authorized to meet for such number of days as may be necessary for the Committee to fully and adequately carry out its duties and complete its studies, but the Speaker of the House and the President of the Senate may jointly, at their discretion, set a maximum number of days that the members of the Committee shall be authorized to meet.",
and inserting in lieu thereof the following:
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"BE IT FURTHER RESOLVED that the Committee shall meet for not more than ten (10) days."
On the adoption of the amendment, the ayes were 34, nays 1, and the amend ment was adopted.
Senator Kennedy of the 4th offered the following amendment:
Amend HR 82 by striking the period at the end of the first sentence and adding thereto the following:
", one member of the Board of Trustees of the Georgia Marsh land and Island Foundation, appointed by the Chairman of the Board of Trustees of said Foundation."
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 613. By Messrs. Thompson of the 86th, Jones and Buck of the 84th, Thomp son of the 85th, Davis of the 86th and Berry of the 85th:
A bill to provide for an additional Judge of the Superior Court of the Chattahoochee 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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1373
The following bill of the House, postponed from yesterday, was taken up for the purpose of considering the report of a Conference Committee thereto:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and many others: A bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to provide for an increase in the motor fuel excise tax; and for other purposes.
Senator Gillis of the 20th moved that the Senate adopt the report of the Conference Committee to HB 81.
Senator Rowan of the 8th moved that HB 81 be postponed until March 19th.
Senator Gillis of the 20th moved the previous question.
Senator Smalley of the 28th moved to table the report of the Conference Committee.
The Chair ruled that the motion to table had precedence over the previous two motions.
On the motion to table, the ayes were 10, nays 32, and the motion was lost.
On the adoption of the report of the Conference Committee, the ayes were 38, nays 7.
The motion prevailed, and the report of the Conference Committee was adopted.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others: A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and
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JOURNAL OP THE SENATE,
establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. L. 1968, p. 1249); and for other purposes.
The House Committee on Special Judiciary offered the following amend ment:
Amend SB 115 by re-numbering paragraph 26-1705.8 to read a& 26-1705.9 and by adding a new section to be known as 26.1705.8 to read as follows:
"26-1705.8. Any person who has been issued or entrusted with a credit card for specifically authorized purposes, provided such authorization is in writing stating a maximum amount of charges that can be made with said credit card, and said person uses the said credit card in a manner and for purposes not authorized in order to obtain or purchase money, goods, services or anything else of value shall be guilty of a misdemeanor and punished as provided in Subsection (a) of Section 26-1705.9.
Senator Johnson of the 38th moved that the Senate agree to the House amendment.
On the motion, the ayes were 36, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 202. By Senator Hensley of the 33rd:
A bill to amend Code Title 13 known as the "Banking Law" of Georgia, as amended, so as to remove the provisions relating to private banks and bankers; 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, Senator Abney of the 53rd called for the ayes and nays, and the call was sustained.
TUESDAY, MARCH 18, 1969
1375
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams of 5th Broun of 46th Chapman Coggin Doss Fincher of 51st Garrard Gillis Hardy Hensley Holley Holloway
Hudgins Jackson Johnson London Miller Pennington Reynolds Riley Rowan Scott Searcey Smalley
Those voting in the negative were Senators:
Abney Adams of 26th Andrews Bateman Brown of 47th Carter Cox
Dean Eldridge Fincher of 54th Hill Kennedy Kidd McGill
Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Zipperer
Noble Plunkett Reeder Smith of 18th Webb Young
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 34, nays 20.
The bill, having received the requisite constitutional majority, was passed.
HB 333. By Messrs, Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A bill to amend an Act exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 1.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
SB 231. By Senator Spinks of the 9th:
A bill to provide for the construction of welcome centers at or near the entrance of Federal highways into this State; to repeal a specific law; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 52. By Mr. DeLong of the 80th:
A resolution compensating Bill Jones Dodge City, Inc.; and for other purposes.
HR 61. By Mr. Bray of the 31st:
A resolution compensating Mr. Richard Floyd Perry; and for other purposes.
HR 116. By Mr. Gunter of the 6th: A resolution compensating Mr. Tom Trotter; and for other purposes.
HR 124. By Mr. Colwell of the 5th: A resolution compensating Doris E. McGuire; and for other purposes.
TUESDAY, MARCH 18, 1969
1377
HR 247. By Mr. Paris of the 14th: A resolution compensating Mr. Paul Williams; and for other purposes.
HR 248. By Mr. Murphy of the 19th: A resolution compensating Roger Crew; and for other purposes.
HR 260. By Mr. Shanahan of the 8th: A resolution compensating Mrs. Doris Cagle; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 184. By Messrs. Wood, Williams and Cooper of the llth:
A bill to amend an Act establishing the State Employees' Retirement System, so as to permit newly elected tax commissioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958 to avail themselves of certain retirement benefits; and for other purposes.
HB 248. By Mr. Murphy of the 19th:
A bill to amend an Act creating the Department of Public Safety, so as to provide for chief radio operators and chief license examiners; and for other purposes.
The following bills and resolutions were read the first time and referred to committees:
HB 184. By Messrs. Wood, Williams and Cooper of the llth:
A bill to amend an Act establishing the State Employees' Retirement System, so as to permit newly elected tax commissioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958 to avail themselves of certain retirement benefits; and for other purposes.
Referred to Committee on Retirement.
HB 248. By Mr. Murphy of the 19th:
A bill to amend an Act creating the Department of Public Safety, so as to provide for chief radio operators and chief license examiners; and for other purposes.
Referred to Committee on Highways.
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HR 52. By Mr. DeLong of the 80th:
A resolution compensating Bill Jones Dodge City, Inc.; and for other purposes.
Referred to Committee on Appropriations.
HR 61. By Mr. Bray of the 31st:
A resolution compensating Mr. Richard Floyd Perry; and for other purposes.
Referred to Committee on Appropriations.
HR 116. By Mr. Gunter of the 6th: A resolution compensating Mr. Tom Trotter; and for other purposes.
Referred to Committee on Appropriations.
HR 124. By Mr. Colwell of the 5th: A resolution compensating Doris E. McGuire; and for other purposes.
Referred to Committee on Appropriations.
HR 247. By Mr. Paris of the 14th: A resolution compensating Mr. Paul Williams; and for other purposes.
Referred to Committee on Appropriations.
HR 248. By Mr. Murphy of the 19th: A resolution compensating Roger Crew; and for other purposes.
Referred to Committee on Appropriations.
HR 260. By Mr. Shanahan of the 8th: A resolution compensating Mrs. Doris Cagle; and for other purposes.
Referred to Committee on Appropriations.
The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:
TUESDAY, MARCH 18, 1969
1379
SR 53. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th, and others:
A RESOLUTION
Proposing1 an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose taxable income for the immediately preceding tax year was less than $5,000; 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 of the Constitution is hereby amended by adding at the end of Section I a new Paragraph to be numbered Paragraph VI and to read as follows:
"Paragraph VI. There is hereby exempt from any and all ad valorem taxation for any purpose the homestead of each resident of the State of Georgia who is 65 years of age or older, if the homestead is actually occupied by such an owner as his residence and his taxable income, for State income tax purposes for the immediately preceding tax year, was less than $5,000. The owner of such a homestead shall not receive the benefits of this exemp tion unless he shall apply thereof each year in accordance with the foregoing provisions of Paragraph IV relating to the application for a homestead exemption of certain owners 65 years of age or older."
Section 2. The above proposed amendment to the Constitution 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 ( ) Shall the Constitution be amended so as to exempt from any and all ad valorem taxation the homestead
NO ( ) of each resident of the State of Georgia who is 65 years of age or older and whose taxable income for the immediately preceding tax year was less than $5,000?"
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.
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The Committee on Banking and Finance offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt from any and all ad valorem taxation the homestead of each resident of the State of Georgia who is 65 years of age or older and whose total taxable income, together with the total taxable income of all members of his immediate family occupying said homestead, for the immedi ately preceding tax year was less than $4,000; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I of the Constitution is hereby amended by adding at the end of Section I a new Paragraph to be numbered Paragraph VI and to read as follows:
"Paragraph VI. There is hereby exempt from any and all ad valorem taxation for any purpose the homestead of each resident of the State of Georgia who is 65 years of age or older, if the homestead is actually occupied by such an owner as his residence and his total taxable income, together with the total taxable in come of all members of his immediate family occupying said home stead, for State income tax purposes for the immediately preceding tax year, was less than $4,000. The owner of such a homestead shall not receive the benefits of this exemption unless he shall apply therefor each year in accordance with the foregoing provisions of Paragraph IV relating to the application for a homestead exemp tion of certain owners 65 years of age or older."
Section 2. The above proposed amendment to the Constitution shall be published and submitted 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 from any and all ad valorem taxation the homestead
NO ( ) of each resident of the State of Georgia who is 65 years of age or older and whose total taxable income, together with the total taxable income of all members of his immediate family occupying said homestead, for the immediately preceding tax year was less than
$4,000?"
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, MARCH 18, 1969
1381
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
Senators Webb of the llth and Searcey of the 2nd offered the following amendment to the committee substitute:
Amend committee substitute to SR 53 by striking the words "take taxable income" wherever this appears and substituting therefor the words "gross income for income tax purposes".
On the adoption of the amendment to the committee substitute, the ayes were 33, nays 0, and the amendment was adopted.
On the adoption of the committee substitute as amended, the ayes were 39, nays 0, and the committee 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:
Abney
Adams of 5th Adams of 26th Andrews
Bateman Broun of 46th Brown of 47th Carter
Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley
Hill Holley Holloway
Hudgins Jackson Johnson Kennedy
Kidd London McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley
Rowan
Scott Searcey Smalley
Smith of 18th Smith of 34th Spinks Starr
Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
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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 55, nays 0.
The resolution having received the requisite two-thirds constitutional ma jority, was adopted by substitute as amended.
Senator Stephens of the 36th moved that SR 53 be immediately trans mitted to the House.
On the motion, the ayes were 37, nays 0, and the motion prevailed.
Senator Webb of the llth asked unanimous consent that the Senate sus pend its rule for the introduction and first reading of a bill.
The consent was granted.
The following bill was introduced, read the first time, and referred to a committee:
SB 285. By Senator Webb of the llth: A bill to provide that it shall be unlawful for any person to block the egress or ingress of any public building; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
The following general resolution, favorably reported by the committee, was read the third time, and put upon its passage:
SR 107. By Senators Smith of the 18th and Adams of the 26th: A resolution creating the Revenue Bond Study Committee; and for other purposes.
The Committee on Rules offered the following amendment: Amend SR 107 by striking the following:
TUESDAY, MARCH 18, 1969
1383
"The members shall receive the allowances authorized for legis lative members of interim legislative committees.",
and inserting in lieu thereof the following:
"The members shall receive the allowances authorized for legis lative members of interim legislative committees but shall receive the same for not more than ten (10) 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.
The following reports of standing committees were read by the secretary:
Senator Smith of the 18th 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 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 68. Do pass by substitute. SB 171. Do pass by substitute. SR 102. Do pass. SR 123. Do pass. HB 385. Do pass by substitute. HB 454. Do pass. HB 563. Do pass as amended. HR 179. Do pass.
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JOURNAL OF THE SENATE,
HR 264. Do pass. HB 562. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
Senator Holley of the 22nd 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 248. Do pass. HB 244. Do pass. HB 527. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 117. By Mr. McClatchey of the 113th:
A bill to amend Subsection (2) of Code Section 56-2703, relating to life insurance for dependents under group policies, so as to permit em ployees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; and for other purposes.
The report 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.
TUESDAY, MARCH 18, 1969
1385
HB 144. By Mr. Pafford of the 64th:
A bill to amend Code Section 100-101, relating to the State Depository Board and the naming and appointment of Depositories, so as to autho rize the State Depository Board to name and appoint as State De positories those banks which have deposits insured by the Federal De posit Insurance Corporation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Andrews of the 49th moved that the following bills of the House be recommitted to the Committee on University System of Georgia:
HB 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A bill to create the Georgia Higher Education Assistance Authority; and for other purposes.
On the motion, the ayes were 38, nays 0, and the motion prevailed.
HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A bill to amend an Act creating the "Georgia Higher Education As sistance Committee", so as to confer upon the Committee additional powers; and for other purposes.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage.
HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A bill to amend Code Title 32 relating to education, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other pur poses.
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JOURNAL OF THE SENATE,
Senator Vann of the 10th moved that HB 271 be recommitted to the Com mittee on Educational Matters.
On the motion to recommit, the ayes were 31, nays 0, and the motion pre vailed.
HB 362. By Messrs. Douglas of the 42nd and Hudson of the 48th: A bill to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307, relating to the protection of buyers of goods; and for other 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 Vann of the 10th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Bateman Brown of 47th Carter Chapman Coggin Cox Doss Eldridge Fincher of 51st Fincher of 54th
Garrard
Gillis Hardy Hensley Holley Hudgins Jackson Kennedy Kidd London McGill Miller Noble
Padgett Pennington Reeder Riley Rowan Scott Spinks Starr Tysinger Vann Walling Young
Those voting in the negative were Senators:
Adams of 26th Andrews Broun of 46th Dean Holloway
Johnson Plunkett Reynolds Searcey Smalley
Smith of 34th Stephens Ward Webb
By unanimous consent, verification of the roll call was dispensed with.
TUESDAY, MARCH 18, 1969
1387
On the passage of the bill, the ayes were 36, nays 14.
The bill, having received the requisite constitutional majority, was passed.
Senator Andrews of the 49th gave notice that at the proper time he would move that the Senate reconsider its action on HB 362.
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and Lambert of the 25th and others:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to pro vide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend HB 564 by deleting Section 6 in its entirety and by renum bering Section 7 as Section 6, Section 8 as Section 7, Section 8A as Sec tion 8 and Section 8B as Section 8A.
By deleting Section 11 in its entirety and inserting in lieu thereof the following:
"Section 11. Said Title is further amended by striking in its en tirety Code Section 34-1006, relating to the qualifying of candidates, and substituting in lieu thereof a new Code Section 34-1006 to read as follows:
'Section 34-1006. Qualification of Candidates.--Unless other wise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, no person who is eligible to hold the office which he seeks and who affirms his allegiance to his party by signing the following oath: "I do hereby swear or affirm my allegiance to the ._,,,,_,,_,,_,,,,,,,,___,,_ (name of party) Party," shall be prohibited from qualifying for such office.
In the case of a general primary, the candidates shall com mence qualifying not earlier than 135 days prior to the date of such primary and not later than the last Wednesday in May. All parties shall close their qualifications at 12:00 noon on the second Wednesday in June immediately preceding such primary. In the case of a special primary, the candidates shall qualify at least 15 days prior to the date of such primary.
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Within one hour after the qualifications have ceased, the coun ty executive committee of each political party or body shall post at the county courthouse a list of all candidates who have quali fied with such executive committee, and the State executive com mittee of each political party or body shall post a list of all candi dates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located.
In the event of the death of a candidate prior to the date of a primary, the State executive committee or other committee of the party authorized by party rule, may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days."
And by deleting in Section 22, Section 34-1406(v) the word "mark" and the phrase "with a pen or pencil" in order for the sentence to read as follows:
"The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to vote the ballot, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the lsoatm'."e in the envelope on which is printed 'Official Absentee Bal
Senator Walling of the 42nd offered the following amendment to the com mittee amendment to HB 564:
Amend committee amendment by adding the following after the words "no person" appearing in quoted Section 34-1006 of Section 11: "who meets the requirements of such procedural rules and".
On the adoption of the amendment to the committee amendment, the ayes were 33, nays 0, and the amendment was adopted.
On the adoption of the committee amendment as amended, the ayes were 34, nays 0, and the committee amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
TUESDAY, MARCH 18, 1969
1389
Senator Smith of the 18th asked unanimous consent that the committee reports on the desk of the Secretary of the Senate be read.
The consent was granted.
The following reports of standing committees were read by the secretary:
Senator Spinks of the 9th District, Chairman of the Committee on Busi ness, Trade and Commerce, submitted the following report:
Mr. President:
Your Committee on Business, Trade and Commerce has had under considera tion the following resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SR 21. Do pass by substitute. HR 285. Do pass.
Respectfully submitted, Spinks of 9th District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, 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 10. Do pass. .SB 109. Do pass by substitute. SB 129. Do pass. SB 215. Do pass as amended. SB 250. Do pass as amended. SR 8. Do pass by substitute. HB 138. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
1390
JOURNAL OF THE SENATE,
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 239. By Mr. Brown of the 32nd:
A bill to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable for any act or omission to act within the scope of his duties or activities except under certain circumstances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 17. By Mr. Mauldin of the 12th: A resolution compensating Mr. John M. McCall; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge
Pincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd
London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan Scott Searcey
TUESDAY, MARCH 18, 1969
1391
Smalley Smith of 18th Smith of 34th Spinks
Starr
Stephens Trippe Tysinger Vann
Walling
Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HE 22. By Messrs. Bennett, Barfield and Reaves of the 71st:
A resolution compensating Mr. James W. Morgenthaler; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th
Carter Chapman Coggin
Cox Dean
Doss Eldridge
Fincher of 51st
Fincher of 54th Garrard Gillis
Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson
Kennedy Kidd London
Maclntyre McGill
Miller Noble
Padgett
Pennington Plunkett Reeder
Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th
Spinks Starr Stephens
Trippe Tysinger
Vann Walling
Ward
Webb Young Zipperer
1392
JOURNAL OP THE SENATE,
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 57. By Messrs. Smith, Cole and Leonard of the 3rd: A resolution compensating Mr. E. M. Moss; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Pincher of 51st Pincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward
Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
TUESDAY, MARCH 18, 1969
1393
The resolution, having received the requisite constitutional majority, was adopted.
HR 83. By Mr. Moate of the 28th: A resolution compensating Mr. Ben W. Butts; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 84. By Mr. Moate of the 28th: A resolution compensating Mr. Buford Little; and for other purposes.
1394
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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th
Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 95. By Mr. Fallin of the 63rd:
A resolution compensating Mr. Vernon F. Holloman; 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:
TUESDAY, MARCH 18, 1969
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman
Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss
Eldridge Fincher of 51st Fincher of 54th
Garrard Gillis
Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington
Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
1395,
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was; adopted.
HR 123. By Mr. Colwell of the 5th: A resolution compensating M. A. Giles; and for other purposes.
The report of the committee, which was favorable to the adoption of theresolution, 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:
Abney Adams of 5th Adams of 26th Andrews
Bateman Broun of 46th Brown of 47th Carter
Chapman Coggin Cox Dean
1396
Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy
JOURNAL OF THE SENATE,
Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Riley Rowan Scott Searcey
Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 225. By Mr. Vaughn of the 74th:
A resolution compensating Mrs. Eleanor Francis; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman
Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis
Hardy Hensley Hill Holley Holloway
Hudgins Jackson Johnson Kennedy
Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder
TUESDAY, MARCH 18, 1969
1397
Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr
Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 229. By Mr. Harris of the 77th: A resolution compensating Mr. J. L. Blackstock; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st
Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre
McGill Miller Noble Padgett Pennington Plunkett
Reeder Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th
1398
Spinks Starr Stephens Trippe
JOURNAL OF THE SENATE,
Tysinger Vann Walling Ward
Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was .adopted.
HR 230. By Mr. Burruss of the 117th: A resolution compensating Mrs. Betty 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:
Abney Adams of 5th Adams of 26th
Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
TUESDAY, MARCH 18, 1969
1399*
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HE 232. By Mr. Brooks of the 17th:
A resolution compensating Mrs. Hollis Carrington; and for other pur poses.
The report of the committee, which was favorable to the adoption of th0 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th
Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
1400
JOURNAL OP THE SENATE,
HR 233. By Mr. Brooks of the 17th: A resolution compensating Mr. J. M. Akins; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean
Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 235. By Mr. Paris of the 14th: A resolution compensating Donald L. Wall; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
TUESDAY, MARCH 18, 1969
1401
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 236. By Mr. Lane of the 44th: A resolution compensating Mr. John R. Lanier; 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:
1402
JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hensley
Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett ' Reeder Reynolds Riley
Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 109. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, Hudgins of the 15th and Coggin of the 35th:
A bill to amend the Code of Georgia, as amended, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain disabled veterans shall be valid and binding; to provide that the deeds, security deeds and any other conveyances of property to or by certain disabled veterans shall be valid and binding; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 20-201, relating to contracts and other consensual transactions of minors, so as to provide that consensual transactions of minors who are eighteen years of age or older shall be as effective as though such minors were of the age of majority; to amend Code Section 29-106, relating to conveyances of
TUESDAY, MARCH 18, 1969
1403
property or interest in property to or by minors, so as to provide that conveyances of property to or by minors who are eighteen years of age or older shall be as effective as though such minors were of the age of majority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 20-201, relating to contracts and other consensual transactions of minors, is hereby amended by striking from the last sentence the words "and married", so that when so amended Code Section 20-201 shall read as follows:
"20-201. Infants' Contracts. Generally the contract of an in fant is voidable. If in a contractual transaction 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 binding 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 shall be as effective as though such minor were of the age of majority."
Section 2. Code Section 29-106, relating to conveyances of property or interest in property to or by minors, is hereby amended by striking from the last sentence the words "and married", so that when so amended Code Section 29-106 shall 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 an other 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 majority, 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 shall be as effective as though such minor were of the age of majority."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 31, nays 0, and the sub stitute was adopted.
1404
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 276. By Senator Coggin of the 35th:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of driver's licenses, approved March 9, 1937 (Ga. L. 1937, p. 322), as amended, so as to provide honorary driver's licenses for the spouses of certain disabled veterans; to repeal conflicting laws; and for other purposes.
The Committee on Highways offered the following amendment:
Amend SB 276 by adding a new sentence at the end of quoted sub section "c" of Section 1 to read as follows:
"Provided that no more than one free motor vehicle license plate shall be issued to any one family."
On the adoption of the amendment, the ayes were 3, nays 36, 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 222. By Senator Holloway of the 12th:
A bill relating to establishment of a FAIR Plan to make essential property insurance available to all qualified applicants; to repeal con flicting laws; and for other purposes.
TUESDAY, MARCH 18, 1969
1405
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 10. By Senator Smalley of the 28th:
A bill to amend Code Section 27-1401 relating to the date arraignment and time for trial, as amended by an Act approved March 1966 (Ga. Laws 1966, p. 430) so as to remove from said Code Section the provisions relating to giving notice of date of arraignment; 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 13, nays 24.
The bill, having failed to receive the requisite constitutional majority, was lost.
SB 248. By Senator Doss of the 52nd:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to delete the exception "that a spouse may effectuate such insurance upon the other spouse" from the prohibition against making or effectuating a life or accident and sickness insurance contract upon an individual unless at the time of making of the contract the individual insured applies therefor or consents in writing thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 2.
The bill, having received the requisite constitutional majority, was passed.
1406
JOURNAL OF THE SENATE,
SB 129. By Senator London of the 50th:
A bill to authorize certain counties to establish and maintain a lawlibrary for the use of the judges, district attorneys, ordinaries and other officers of the courts of said counties; to repeal conflicting lawsj and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 134. By Senators Searcey of the 2nd, Fincher of the 54th, Zipperer of the 3rd and others: A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved Feb. 3, 1938, (Ga. L. 1937-38 Ex. Sess., p. 103, as amended, so as to provide for restrictions and exemptions on the number of retail licenses issued by municipal and county authorities and as to the location of the businesses for which such licenses are issued; and for other purposes.
The Committee on Temperance 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", approved February 3, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 103), as amended,, so as to change the restrictions relating to the location of businesses for which licenses are issued under the Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 103), as amended, is hereby amended by striking the third paragraph of subsection (c) of Section 9 which reads as follows:
"Nothing in this Act shall be construed as preventing any municipality or county from adopting all reasonable rules and regulations as may fall within the police powers of such munici-
TUESDAY, MARCH 18, 1969
1407
palities or counties to regulate any business provided for in this Act. All municipal and county authorities issuing licenses shall within their respective jurisdiction have authority to determine the location of any distillery, wholesale business, or retail business licensed by them. Provided, however, no business licensed under this Act shall be operated within one hundred yards of any church, and 200 yards of a school ground or college campus, except hotels of fifty (50) rooms or more, which have been in continuous opera tion for a period of at least five years immediately preceding the passage of this Act. The restrictions as to location herein contained shall not apply to private social clubs, owning their own homes, which have been chartered and in continuous operation for a period of 25 years prior to the passage of this Act. The school grounds or college campuses referred to in this paragraph shall apply only to State, County, City or Church school campuses and to such other schools as teach the subjects commonly taught in the common schools and colleges of this State.",
in its entirety and inserting in lieu thereof a new third paragraph of subsection (c) of Section 9 to read as follows:
"Nothing in this Act shall prevent any municipality or county from adopting all reasonable rules and regulations as may fall with in the police power of such municipalities and counties to regulate any business provided for in this Act. All municipal and county authorities issuing licenses shall have authority to determine, within their respective jurisdictions, the location of any distillery or wholesale business licensed by them. Subject to the restrictions and exemptions provided for hereinafter, all municipal and county authorities issuing licenses shall have authority to determine within their respective jurisdictions, the location of any retail business licensed by them and the number of such retail licenses issued. No retail license shall be issued when the place of business for which the license is to be issued is less than 2,000 feet, measured from front entrance to front entrance along the nearest practicable street route, from any existing business holding a retail license. No business licensed under this Act shall be operated within 100 yards of any church, or within 200 yards of a school ground. The school grounds referred to in this paragraph shall apply only to State, county, city or church school grounds and to such other schools as teach the subjects commonly taught in the common schools of this State. The restrictions as to location of businesses shall not apply to hotels and motels of fifty (50) rooms or more, nor to private social clubs owning their own homes, if such clubs have been chartered and in continuous operation for a period of 25 years prior to February 3, 1938, nor to existing businesses holding retail licenses issued hereunder."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
1408
JOURNAL OF THE SENATE,
On the adoption of the substitute, the ayes were 14, nays 19, and the sub stitute was lost.
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 10, nays 21.
The bill, having failed to receive the requisite constitutional majority, was lost.
SB 215. By Senator Coggin of the 35th:
A bill to amend an Act approved March 18, 1966, comprehensively and exhaustively revising, superseding and modernizing pretrial, trial, and certain post-trial procedures in civil cases; and for other purposes.
The Committee on Judiciary offered the following amendment;
Amend SB 215 by striking in the caption after the phrase "so as to provide" and before the phrase "to change the suggested form" the phrase "that no third-party complaint shall be valid unless it shall haveattached thereto, as an exhibit, a copy of the original complaint, and unless it shall have attached thereto as an exhibit, a copy of all other pleadings in the case;" and substituting in lieu thereof the following:
"that a third-party complaint shall have attached thereto, as ex hibits, a copy of the original complaint and all other pleadings in the case;"
And by striking in Section I all after the phrase "which shall read as follows:" and substituting in lieu thereof the following:
"(c) Any third-party complaint filed shall have attached there to, as exhibits, a true and correct copy of the original complaint in the action and all other pleadings which have been filed in the action prior to the filing of the third-party complaint."
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
TUESDAY, MARCH 18, 1969
1409
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 275. By Senators Smith of the 18th and Andrews of the 49th:
A bill to authorize the State Department of Education and county and independent boards of education to expend State and local funds to teach deaf, hearing-impaired and speech-handicapped children of pre school age; to authorize the State Board of Education to adopt rules and regulations to effectuate the purposes of this Act; 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 277. By Senator Maclntyre of the 40th:
A bill to amend Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, so as to change the provi sions relating to the destruction of records and the central depository; 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 268. By Senator Rowan of the 8th:
A bill to amend an Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists, approved Feb. 21, 1951 (Ga. L. 1951, p. 408), as amended, so as to
1410
JOURNAL OF THE SENATE,
change the definition of the practice of applied psychology; and for other purposes.
Senator Rowan of the 8th offered the following amendment:
Amend SB 268 by striking from line 2, page 2, the words, "but not limited to".
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 37, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
SR 21. By Senator Johnson of the 38th:
A resolution declaring the fifteenth day of January a State Holiday in memory of Martin Luther King, Jr.; and for other purposes.
Senator Johnson of the 38th moved that SR 21 be postponed until March 19th.
On the motion, the ayes were 30, nays 1, and the motion prevailed.
SR 102. By Senator London of the 50th: A resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
TUESDAY, MARCH 18, 1969
1411
The resolution, having received the requisite constitutional majority, was adopted.
HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.
Senators Pennington of the 45th and Rowan of the 8th offered the following amendment:
Amend HB 611 by inserting in Section 17, line 13, after the word "funds", the following:
"Provided, however, that no assessment shall be levied which would produce funds in excess of those funds necessary to imple ment the projected operating budget."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
Senators Pennington of the 45th and Rowan of the 8th offered the following amendment:
Amend HB 611 by adding at the end of Section 17 (i) the following:
"Provided, however, that all monies invested shall be invested in those areas of production that will provide a return at the highest interest rate available. It shall be the duty of the Commission to annually review these investments, and determine that the provi sions of this section are complied with."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
Senators Pennington of the 45th and Rowan of the 8th offered the following amendment:
Amend HB 611 by inserting on Page 42, Section 19 (k), line 4, after the word "enter" the following:
1412
JOURNAL OF THE SENATE, "during normal business hours".
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, was agreed to as amended.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 609. By Mr. Jones of the 59th:
A bill to amend Code Section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decendent, notwith standing the question of the dependency of the next of kin upon the decendent for support; and for other purposes.
The report 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 534. By Mr. Brantley of the 52nd:
A bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.
Senator Chapman of the 32nd offered the following amendment: Change Section 5 to Section 6. New Section 5 to read as follows:
TUESDAY, MARCH 18, 1969
1413
"Said Act is further amended by striking Section 8 (g) in its entirety and inserting in lieu thereof a new section 8 (g) to read as follows:
"This Act, including Section 11, shall not apply to any in stitution conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of such church or denomination and exempt from licensing, and, not withstanding any other provision of this Act, no license and registration or provisional license shall be required of any in dividual responsible for planning, organizing, directing, controlling and administering such institution."
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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 432. By Messrs. Maxwell of the 78th and Connell of the 79th:
A bill to amend an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint plan ning facilities, so as to clarify that municipalities have the authority to zone property within their corporate limits, and counties have the au thority to zone property within the unincorporated areas 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 39, nays 1.
The bill, having received the requisite constitutional majority, was passed.
1414
JOURNAL OF THE SENATE,
HB 643. By Messrs. Ware, Mullinax, Blalock of the 30th, Longino of the 98th, and others:
A bill to authorize residents of the State of Georgia to purchase shotguns and rifles from persons in states contiguous to the State of Georgia under certain conditions; and for other purposes.
Senator McGill of the 24th offered the following substitute:
A BILL
To be entitled an Act to enable residents of Georgia to purchase in contiguous States, and residents of contiguous States to purchase in Georgia, rifles and shotguns provided such persons conform to applic able provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Residents of the State of Georgia may purchase rifles and shotguns in any State contiguous to the State of Georgia, provided such residents conform to applicable provisions of statutes and regula tions of the United States, of the State of Georgia, and of the con tiguous State in which the purchase is made.
Section 2. Residents of any State contiguous to the State of Georgia may purchase rifles and shotguns in the State of Georgia, provided such residents conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State in which such persons reside.
Section 3. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval.
Section 4. All the laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 40, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 33, nays 0.
TUESDAY, MARCH 18, 1969
1415
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 694. By Messrs. Gaynor of the 88th, Hill of the 94th, Ellis of the 91st, Jones of the 87th, Battle of the 90th and Gignilliat of the 89th:
A bill to amend an Act known as the "Urban Redevelopment Law", so as to provide that in counties having a population of 150,000 and not more than 500,000, the term "Municipality" used in said Act shall also mean "County"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HR 144. By Mr. Vaughn of the 74th:
A resolution recreating the Joint Highway Laws Interim Study Com mittee; 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 1.
The resolution, having received the requisite constitutional majority, was adopted.
HR 251. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th and others:
A resolution creating the Georgia Commission for the National Bicen tennial Celebration; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend HR 251 by adding a new paragraph immediately preceding the last paragraph the following:
1416
JOURNAL OF THE SENATE,
"The President of the Senate may fill all vacancies caused by members of the Senate who have not returned, and the Speaker of the House may fill all vacancies caused by members of the House who have not returned during the existence of the Com mission."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Smith of the 18th asked unanimous consent that all committee reports on the desk of the Secretary of the Senate be read.
The consent was granted.
The following reports of standing committees were read by the secretary:
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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 129. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.
TUESDAY, MARCH 18, 1969
1417
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
SR 104. Do pass as amended.
Respectfully submitted, Smith of 18th District, Vice Chairman.
Senator Johnson of the 38th District, Chairman of the Committee on Scientific Research, submitted the following report:
Mr. President:
Your Committee on Scientific Research 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 329. Do pass.
Respectfully submitted, Johnson of 38th .District, Chairman.
Senator Padgett of the 23rd District, Chairman of the Committee on Penal & Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal & Correctional 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 797. Do pass.
Respectfully submitted, Padgett of 23rd District, Chairman.
1418
JOURNAL OF THE SENATE,
Senator Plunkett of the 30th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 52. Do pass. HR 61. Do pass. HR 116. Do pass. HR 124. Do pass. HR 247. Do pass. HR 248. Do pass. HR 260. Do pass. HB 11. Do pass as amended.
Respectfully submitted, Plunkett of 30th District, Chairman.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by the requisite constitutional majority, the following bill of the House to-wit:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
The following bill was read the first time and referred to committee:
TUESDAY, MARCH 18, 1969
1419
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
Referred to Committee on Appropriations.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and 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 62. SB 93. SB 189. SR 53. SR 121.
Respectfully submitted, Eldridge of 7th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 70.
Respectfully submitted, Eldridge of 7th District, Chairman.
1420
JOURNAL OF THE SENATE,
Senator Coggin of the 35th 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.
WEDNESDAY, MARCH 19, 1969
1421
Senate Chamber, Atlanta, Georgia, Wednesday, March 19, 1969.
The Senate met pursuant to adjournment at 9:00 o'clock this morning, and was called to order by the president.
Senator Adams of the 26th 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 Adams of the 26th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Philip Christopher, and .as the nurse of the day, Beverly Waters.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House and Senate, to-wit:
1422
JOURNAL OP THE SENATE,
HB 875. By Mr. Clarke of the 33rd:
A bill to create a new board of education of Butts County; and for other purposes.
HB 916. By Messrs. Harris and Roach of the 10th: A bill to amend an Act incorporating the City of Emerson, in Bartow County, so as to change the corporate limits of the City of Emerson; and for other purposes.
HB 918. By Messrs. Harris and Roach of the 10th: A bill to reincorporate the City of Cartersville in the County of Bartow; and for other purposes.
HB 919. By Mr. Moate of the 28th: A bill to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the U.S. Decennial Census of 1960; and for other purposes.
HB 948. By Mr. Knowles of the 22nd:
A bill to amend an Act placing the Sheriff; the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the tax commissioner of Henry County; and for other purposes.
HB 950. By Messrs. Snow, Hale and Crowe of the 1st, and Peters of the 2nd: A bill to provide a salary for the court reporter of the Lookout Mountain Judicial Circuit, which salary shall be in addition to the fees he is en titled to receive by law; and for other purposes.
HB 951. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th: A bill to amend an Act incorporating the Town of Haralson, so as to extend the corporate limits of said town; and for other purposes.
HB 955. By Messrs. Kreeger, Housley, Atherton, Burruss, McDaniell, Wilson and Henderson of the 117th:
A bill to amend an Act incorporating the City of Powder Springs, so as to provide for annexation of territory to the City of Powder Springs; and for other purposes.
WEDNESDAY, MARCH 19, 1969
1423
HB 957. By Messrs. Levitas, Thomason, Farrar and Harris of the 77th, Morris and Bell of the 73rd, Jordan and Vaughn of the 74th and others:
A bill to amend an Act establishing a new charter for the City of At lanta, relating to corporate boundaries; and for other purposes.
HB 958. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Jefferson, in the County of Jackson, so as to provide for annexation of areas to wards of said city and to thereby change the corporate limits of said city; and for other purposes.
HB 960. By Messrs. Russell and Keyton of the 70th:
A bill to provide that the members of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling ex penses incurred when on county business; and for other purposes.
HB 961. By Mr. Conner of the 56th:
A bill to amend an Act creating a Board of Commissioners of Jeff Davis County, so as to change the compensation of the chairman and commis sioners ; and for other purposes.
HB 962. By Mr. Conner of the 56th: A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to change the compensation of the mayor and members of the board of commissioners; and for other purposes.
HB 963. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of said city; and for other purposes.
HB 965. By Messrs. Peterson and Nunn of the 41st: A bill to amend an Act incorporating the City of Warner Robins, so as to extend the corporate limits of said city; and for other purposes.
HB 966. By Mr. Shanahan of the 8th:
A bill to amend an Act providing a new charter for the City of Calhoun, so as to redefine the corporate limits of said city; and for other purposes.
1424
JOURNAL OF THE SENATE,
KB 967. By Messrs. Peterson and Nunn of the 41st:
A bill to amend an Act incorporating the City of Warner Robins, so as to provide the procedures whereby the compensation of the mayor and councilmen may be changed by the mayor and council; and for other purposes.
HB 968. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act creating the Clarke County School district and providing for a board of education therefor, so as to provide for the creation of a new board of education of Clarke County; and for other purposes.
HB 969. By Messrs. Evans, Keen, Scarborough and Knapp of the 81st, Dodson of the 82nd and Miller of the 83rd:
A bill to amend an Act creating a new charter for the City of Macon, so as to extend the corporate limits of said city; and for other purposes.
SB 79. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to provide for the compensation of the sheriff of certain counties, etc.", so as to delete all limitation and reference to the pension payable to such officer; and for other purposes..
SB 176. By Senator Maclntyre of the 40th:
A bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.
SB 239. By Senator Zipperer of the 3rd:
A bill to amend an Act to create a board of commissioners of roads and. revenues for the County of Effingham to be elected by the qualified voters of said county so as to change the compensation for the commis sioners ; and for other purposes.
SB 240. By Senator Zipperer of the 3rd:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, so as tochange the compensation of the deputy sheriffs; and for other purposes.
SB 241. By Senator Zipperer of the 3rd: A bill to amend an Act creating a new charter for the Town of Guyton,.
WEDNESDAY, MARCH 19, 1969
1425
so as to change the corporate limits of said Town; and for other pur poses.
HB 917. By Mr. McCracken of the 36th:
A bill to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and exhaustively revise said Title; and for other purposes.
HE 270. By Mr. Brantley of the 114th:
A resolution authorizing the conveyance of certain real estate located in Pulton County, Georgia; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 80th, Westlake of the 75th, Lane of the 101st and Buck of the 84th:
A bill to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.
HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st, Brown of the 110th, Lane of the 101st, Marcus of the 105th, Felton of the 95th and Mrs. Hamilton of the 112th:
A bill to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Collins of the 72nd:
A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain retirement systems; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
1426
JOURNAL OP THE SENATE,
SB 284. By Senator London of the 50th:
A bill to provide a new charter for the City of Helen; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 286. By Senators Abney of the 53rd, Reeder of the 55th, Miller of the 43rd and others:
A bill to provide for a course of study, to be known as "Freedom v. Communism", in the public high schools of this State; to provide for the commencement of the course; to provide for the duration of the course; to provide for instructional materials; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SR 130. By Senators Tysinger of the 41st, Miller of the 43rd, Walling of the 42nd and others:
A resolution requesting that the Governing Authority of DeKalb County provide certain information to the members of the General Assembly, creating a local study commission, providing for the payment of ex penses; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 131. By Senator Kidd of the 25th and Fincher of the 51st: A resolution authorizing the Senate Public Utilities and Transportation Committee to function after final adjournment of the 1969 Session of the General Assembly; and for other purposes.
Referred to Committee on Rules.
SR 133. By Senators Maclntyre of the 40th and Smalley of the 28th:
A resolution amending Senate Rule 126; and for other purposes.
Referred to Committee on Rules.
The following bills and resolution were read the first time and referred to committees:
HB 875. By Mr. Clarke of the 33rd:
A bill to create a new board of education of Butts County; and for other purposes.
Referred to Committee on County and Urban Affairs.
WEDNESDAY, MARCH 19, 1969
142T
HB 916. By Messrs. Harris and Roach of the 10th:
A bill to amend an Act incorporating the City of Emerson, in Bartow County, so as to change the corporate limits of the City of Emerson;, and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 917. By Mr. McCracken of the 36th:
A bill to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and exhaustively revise said Title; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 918. By Messrs. Harris and Roach of the 10th:
A bill to reincorporate the City of Cartersville in the County of Bartowand for other purposes.
Referred to Committee on County and Urban Affairs.
HB 919. By Mr. Moate of the 28th:
A bill to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the U.S. Decennial Census of 1960; and for other puroses.
Referred to Committee on County and Urban Affairs.
HB 948. By Mr. Knowles of the 22nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the tax commissioner of Henry County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 950. By Messrs. Snow, Hale and Crowe of the 1st and Peters of the 2nd:
A bill to provide a salary for the court reporter of the Lookout Mountain Judicial Circuit, which salary shall be in addition to the fees he is en titled to receive by law; and for other purposes.
Referred to Committee on County and Urban Affairs.
1428
JOURNAL OP THE SENATE,
HB 951. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act incorporating the Town of Haralson, so as to extend the corporate limits of said town; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 955. By Messrs. Kreeger, Housley, Atherton and others of the 117th: A bill to amend an Act incorporating the City of Powder Springs, so as to provide for annexation of territory to the City of Powder Springs; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 957. By Messrs. Levitas, Thomason, Farrar of the 77th and others: A bill to amend an Act establishing a new charter for the City of At lanta, relating to corporate boundaries; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 958. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Jefferson, in the County of Jackson, so as to provide for annexation of areas to wards of said city and to thereby change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 960. By Messrs. Russell and Keyton of the 70th: A bill to provide that the members of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling ex penses incurred when on county business; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 961. By Mr. Conner of the 56th: A bill to amend an Act creating a Board of Commissioners of Jeff Davis County, so as to change the compensation of the chairman and commis sioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 962. By Mr. Conner of the 56th: A bill to amend an Act providing a new charter for the City of Hazle-
WEDNESDAY, MARCH 19, 1969
1429
hurst, so as to change the compensation of the mayor and members of the board of commissioners; and for other purposes.
Eeferred to Committee on County and Urban Affairs.
HB 963. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 965. By Messrs. Peterson and Nunn of the 41st: A bill to amend an Act incorporating the City of Warner Robins, so as to extend the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 966. By Mr. Shanahan of the 8th: A bill to amend an Act providing a new charter for the City of Calhoun, so as to redefine the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 967. By Messrs. Peterson and Nunn of the 41st: A bill to amend an Act incorporating the City of Warner Robins, so as to provide the procedures whereby the compensation of the mayor and councilmen may be changed by the mayor and council; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 968. By Messrs. Farmer and Matthews of the 16th: A bill to amend an Act creating the Clarke County School district and providing for a board of Education therefor, so as to provide for the creation of a new board of education of Clarke County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 969. By Messrs. Evans, Keen, Scarborough of the 81st and others:
A bill to amend an Act creating a new charter for the City of Macon, so as to extend the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
1430
JOURNAL OF THE SENATE,
HR 270. By Mr. Brantley of the 114th:
A resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government,
The following bills and resolutions were read the second time:
SB 281. By Senator Holley of the 22nd: A bill to amend Code Chapter 84-2, relating to certification of account ants, so as to provide that the members thereof may succeed themselves; to repeal conflicting laws; and for other purposes.
SB 282. By Senator Searcey of the 2nd: A bill to amend an Act revising, classifying, consolidating and supersed ing the laws relating to crimes and the punishment therefor, and provid ing for a new Criminal Code, approved April 10, 1968, so as to abolish the death penalty; to repeal conflicting laws; and for other purposes.
SB 283. By Senators Smith of the 34th, Hardy of the 56th, Garrard of the 37th and others: A bill to amend an Act fixing the salaries of the Judges of the Superior Courts, approved March 7, 1957, as heretofore amended; and for other purposes.
SB 285. By Senator Webb of the llth: A bill to provide that it shall be unlawful for any person to block the egress or ingress of any public building; and for other purposes.
SR 129. By Senators Young of the 13th, Rowan of the 8th, Eldridge of the 7th and others; A resolution urging the U. S. Department of Defense and the National Aeronautics and Space Administration (NASA) to compensate Mr. Oliver C. Forehand; and for other purposes.
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwellof the 39th: A bill to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
WEDNESDAY, MARCH 19, 1969
1431
HB 184. By Messrs. Wood, Williams and Cooper of the llth:
A bill to amend an Act establishing the State Employees' Retirement System, so as to permit newly elected tax commissioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958 to avail themselves of certain retirement benefits; and for other purposes.
HB 248. By Mr. Murphy of the 19th:
A bill to amend an Act creating the Department of Public Safety, so as to provide for chief radio operators and chief license examiners; and for other purposes.
HR 52. By Mr. DeLong of the 80th:
A resolution compensating Bill Jones Dodge City, Inc.; and for other purposes.
HR 61. By Mr. Bray of the 31st:
A resolution compensating Mr. Richard Floyd Perry; and for other purposes.
HR 116. By Mr. Gunter of the 6th: A resolution compensating Mr. Tom Trotter; and for other purposes.
HR 124. By Mr. Colwell of the 5th: A resolution compensating Doris E. McGuire; and for other purposes.
HR 247. By Mr. Paris of the 14th: A resolution compensating Mr. Paul Williams; and for other purposes.
HR 248. By Mr. Murphy of the 19th: A resolution compensating Roger Crew; and for other purposes.
HR 260. By Mr. Shanahan of the 8th: A resolution compensating Mrs. Doris Cagle; and for other purposes.
1432
JOURNAL OP THE SENATE,
HB 280. By Mr. Lambert of the 25th:
A bill to amend Code Section 92-3211, relating to late, false and fraudu lent income tax returns, so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; and for other purposes.
HB 570. By Messrs. Jones of the 59th, Scarlett of the 67th, Nessmith of the 44th and others:
A bill to amend an Act creating the Ocean Science Center of the Atlantic Commission, so as to provide for the establishment of marine resources extension centers; to reconstitute the membership of the Board of Trustees; and for other purposes.
HB 607. By Mr. Conner of the 56th:
A bill to amend an Act entitled "An Act to levy a tax upon fees, inter est, insurance premiums and all other charges of whatever kind collected by persons licensed under the 'Georgia Industrial Loan Act'; and for other purposes.", so as to conform the rate of taxation therein to the provisions of a resolution approved Feb. 13, 1956 (Ga. L. 1956, p. 86); to change the method of remitting said tax; and forother purposes.
HB 854. By Mr. Lambert of the 25th:
A bill to amend an Act approved February 27, 1962 (Ga. L. 1962, p. 119), so as to provide that it shall not be necessary to obtain the signa tures of the owners of any public street, road or highway right-of-way; and for other purposes.
HB 907. By Messrs. Blalock, Potts and Ware of the 30th:
A bill to amend Code Chapter 24-8, relating to constables, so as to provide that constables shall not have power of arrest for offenses arising from violations of traffic laws; and for other purposes.
HB 923. By Mr. Dailey of the 53rd:
A bill to amend an Act creating a new charter for the City of Edison, so as to change the terms of office of mayor and councilmen; and for other purposes.
HB 924. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of said sheriff; and for other purposes.
WEDNESDAY, MARCH 19, 1969
1433
HB 925. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, so as to provide for com pensation for the commissioner of said county; and for other purposes.
HB 927. By Messrs. Bennett, Barfield and Reaves of the 71st: A bill to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,500; and for other purposes.
HB 928. By Messrs. Scarlett and Harris of the 67th: A bill to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to designate the chief jailer; and for other purposes.
HB 929. By Messrs. Scarlett and Harris of the 67th: A bill to amend an Act creating a Board of Commissioners for Glynn County, so as to provide for the compensation for members of the Board; and for other purposes.
HB 930. By Messrs. Scarlett and Harris of the 67th: A bill to amend an Act creating the City Court of Brunswick, so as to change the name of said court; and for other purposes.
HB 936. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the-Superior Court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.
HB 937. By Mr. Conner of the 56th:
A bill to fix the compensation of the members of the Board of Education of Appling County; and for other purposes.
HB 938. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax collector and his secretary; and for other purposes.
1434
JOURNAL OF THE SENATE,
HB 939. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a new charter for the City of Gray (formerly town of Gray), so as to change the corporate limits of said city; and for other purposes.
HB 940. By Messrs. Bell and Morris of the 73rd, Collins of the 72nd and others:
A bill to provide two additional court reporters for certain judicial circuits; to provide additional secretarial and clerical help in such circuits; and for other purposes.
HR 271. By Mr. Lambert of the 25th:
A resolution authorizing the conveyance of certain real property in Greene County, Georgia, to Greene County; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Smith of the 18th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the Senate and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendation:
SR 117. Do pass.
Respectfully submitted, Smith of 18th District, Vice-Chairman.
The following local, uncontested bills, favorably reported by the committee, were read the third time, and put upon their passage:
SB 142. By Senators Padgett of the 23rd and Holley of the 22nd:
A bill to amend an Act providing for the appointment of an assistant solicitor general in certain counties, so as to change the compensation of said assistant solicitor-general; and for other purposes.
WEDNESDAY, MARCH 19, 1969
1435
The Committee on County and Urban Affairs offered the following amend ment:
Amend SB 142 by adding in the title, after the following:
"said courts in such counties;",
the following:
"to increase the number of clerks;".
And, by striking quoted Section 9 of Section 1 in its entirety and inserting in lieu thereof a new quoted Section 9 to read as follows:
"Section 9. The said four clerks, one of whom shall be desig
nated as chief clerk, shall be paid from the treasury of said counties as part of the court expenses of said counties, a monthly salary for said clerk not to exceed $428.31 per month; a monthly salary for the second clerk not to exceed $400.75 per month; a monthly salary for the third clerk not to exceed $385.75 per month; and a monthly salary for the fourth clerk not to exceed $385.75 per month."
On the adoption of the amendment, the ayes were 47, 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 47, nays ft.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 143. By Senators Padgett of the 23rd and Holley of the 22nd:
A bill to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000 according to the United States decennial census of 1960 or any future such census, the district attorney of the Judicial Circuit of such counties shall receive an addi tional compensation from such counties; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1436
JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 269. By Senator Spinks of the 9th:
A bill to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, approved April 9, 1963, so as to increase the maximum interest rate on bonds and other obligations of the authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 270. By Senator London of the 50th:
A bill to amend an Act placing the Sheriff of Eabun County upon an annual salary, approved April 5, 1965, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 144. By Senators Padgett of the 23rd, Holley of the 22nd, McGill of the 24th and Cox of the 21st:
A bill to amend an Act providing for the position of a chief assistant solicitor-general for the Augusta Judicial Circuit, so as to increase the compensation of said chief assistant solicitor-general; and for other purposes.
WEDNESDAY, MARCH 19, 1969
1437
The Committee on County and Urban Affairs offered the following sub stitute:
A BILL
To be entitled an Act to amend an Act abolishing the fee system for the district attorney of the Augusta Judicial Circuit and placing him on an annual salary, approved August 18, 1919 (Ga. Laws 1919, p. 545), as amended, particularly by an Act approved March 1, 1965 (Ga. Laws 1965, p. 80), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 795), so as to change the compensation of the chief assistant district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act abolishing the fee system for the district attor ney of the Augusta Judicial Circuit and placing him on an annual salary, approved August 18, 1919 (Ga. Laws 1919, p. 545), as amended, particularly by an Act approved March 1, 1965 (Ga. Laws 1965, p. 80), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 795), is hereby amended by striking Section 5A in its entirety, and inserting in lieu thereof a new Section 5A, to read as follows:
"Section 5A. The district attorney of the Augusta Judicial Circuit is authorized to appoint a chief assistant district attorney who shall serve at the pleasure of said district attorney. Said assistant shall discharge such duties as shall be assigned to him by the district attorney in connection with the discharge of the official duties of the district attorney of the Augusta Judicial Circuit. The chief assistant district attorney of the Augusta Judicial Circuit shall receive an annual salary of nine thousand six hundred sixty ($9,660.00) dollars. Said salary shall be paid in equal monthly in stallments from funds of the counties comprising the Augusta
Judicial Circuit in the following manner:
"Richmond County _.__,,_--._.__,,__.,,._--.._______-...__...-____$7,660.00 "Columbia County _..._...__.,,_-._--_._-_~.--____-__..-$l,000.00 "Burke County ._.._.__,__._,,____---______,,--__-_--.$1,000.00
"Said chief assistant district attorney must have been a resident of the circuit of his appointment for a period of at least one year prior to his appointment, shall be at least twenty-one years of age at the time of assuming the office, and shall have been engaged in the practice of law for a period of at least two years prior to his appointment."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
1438
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 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 558. By Messrs. Westlake, Floyd, Davis of the 75th and others:
A bill to amend an Act establishing in DeKalb County districts from, which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, so as to change the terms of the members 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 660. By Messrs. Holder and Anderson of the 49th: A bill to amend an Act changing from the fee system to the salary system in the County of Dodge, the Sheriff of said county and the Clerk of the Superior Court thereof, so as to change the compensation of the sheriff and the Clerk of the Superior Court of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, MARCH 19, 1969
1439
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 661. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employee of the Tax Commissioner of Dodge 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 662. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 663. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act changing the compensation of the Ordinary of Dodge County, 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.
1440
JOURNAL OF THE SENATE,
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. Anderson and Holder of the 49th:
A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that certain officers and employees who sell prop erty in excess of $100.00 to said City must do so as a result of competi tive bidding; to increase the number of city commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 665. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act fixing the salaries of certain officers of Bleckley County, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 666. By Messrs. Anderson and Holder of the 49th: A bill to abolish the present mode of compensating the Tax Collector of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, MARCH 19, 1969
1441
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 668. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Tax Receiver of Bleckley County, known as the fee system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 667. By Messrs. Anderson and Holder of the 49th:
A bill changing the method of compensating the Clerk of the Superior Court of Telfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 667 by striking from Section 2 the following: "eightyfour hundred ($8,400.00)" and "seven hundred ($700.00)" and inserting in lieu thereof the following: "nine thousand six hundred ($9,600.00)" and "eight hundred ($800.00)" respectively.
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
1442
JOURNAL OF THE SENATE,
HB 670. By Messrs. Anderson and Holder of the 49th:
A bill to change the method of compensating the Ordinary of Telfair County, from the fee and salary systems to the salary system, exclusive ly; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 670 by striking from Section 2 the following: "eightyfour hundred ($8,400.00)" and "seven hundred ($700.00)" and inserting in lieu thereof the following: "nine thousand six hundred ($9,600.00)" and "eight hundred ($800.00)" respectively.
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 669. By Messrs. Anderson and Holder of the 49th:
A bill to consolidate the offices of tax receiver and tax collector of Bleckley County into the office 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 671. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act creating a new charter for the City of Hawkins-
WEDNESDAY, MARCH 19, 1969
1443
ville, so as to authorize the commissioners of the city of Hawkinsville to sell and convey a certain tract of land; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 672. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation, so as to increase the salary limitation of the clerk or deputy 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 673. By Messrs. Anderson and Holder of the 49th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Bleckley County, known as the fee system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
1444
JOURNAL OP THE SENATE,
HB 680. By Messrs. Bowen and Eainey of the 47th:
A bill to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority, relating to the issuance of and security for the bonds of the Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 685. By Messrs. Hudson and Dorminy of the 48th: A bill to amend an Act placing the Sheriff of Wilcox County on a salary basis, so as to change the expense allowance for 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 690. By Mr. Grahl of the 40th: A bill to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 690 by striking from quoted Section 2, which Section is quoted in Section 1 of said bill, the symbol and figure "$1.50" and sub stituting in lieu thereof "$2.50".
On the adoption of the amendment, the ayes were 47, nays 0, and the amend ment was adopted.
WEDNESDAY, MARCH 19, 1969
1445
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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 691. By Mr. Grahl of the 40th:
A bill to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 692. By Mr. Grahl of the 40th:
A bill to abolish the present mode of compensating the ordinary of Crawford 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 hill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 733. By Messrs. Kreeger, Burruss, Atherton and others of the 117th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the compensation of the
1446
JOURNAL OP THE SENATE,
sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 776. By Mr. Jones of the 59th: A bill to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to authorize the governing authority of Mclntosh County to provide additional compensation for the assistant to the tax commissioner and other clerical personnel employed by 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 777. By Mr. Jones of the 59th:
A bill to amend an Act creating a board of commissioners of Mclntosh 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, MARCH 19, 1969
1447
HB 778. By Mr. Jones of the 59th:
A bill to abolish the present mode of compensating the ordinary of McIntosh 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 779. By Mr. Jones of the 59th:
A bill to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 798. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
1448
JOURNAL OF THE SENATE,
HB 799. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 808. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Sheriff, Clerk of the Superior Court and Ordinary of Gwinnett 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 809. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, MARCH 19, 1969
1449
HB 816. By Messrs. Bowen and Rainey of the 47th, Hudson and Dorminy of the 48th:
A bill to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, so as to change the compensation of said 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 822. By Mr. Pafford of the 64th:
A bill to create the City of Pearson Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 822 by adding at the end of Section 7 the following:
"The tax exemption herein provided shall not include any ex emption from sales and use tax on property purchased by the Authority or for use by the Authority."
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
1450
JOURNAL OF THE SENATE,
HB 819. By Messrs. Higginbotham, Davis, Floyd of the 75th and others:
A bill to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority vote of the members of said governing authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 823. By Mr. Pafford of the 64th:
A bill to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the salary of the sheriff and his deputy; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 824. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lanier 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, MARCH 19, 1969
1451
HB 825. By Mr. Pafford of the 64th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier (now Board of Commissioners of Lanier County), so as to change the compensation of said 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 826. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act creating a Board of County Commissioners for the County of Polk, so as to provide for regular meetings 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 827. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, so as to provide for an additional motor vehicle for use by the sheriff 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 47, nays 0. The bill, having received the requisite constitutional majority, was passed.
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HB 828. By Messrs. Douglas and Rowland of the 42nd:
*
A bill to amend an Act creating a Board of Commissioners of Laurens 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 829. By Messrs. Cato and Conger of the 68th: A bill to amend an Act creating the City Court of Bainbridge, so as to change the name of said court to the Civil and Criminal Court 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 835. By Messrs. Milford and Mauldin of the 12th:
A bill to amend an Act incorporating the City of Hartwell, so as to change the term of office of the mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, MARCH 19, 1969
1453
HB 840. By Mr. Johnson of the 29th:
A bill to create and establish a Small Claims Court in and for Warren 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 846. By Messrs. Rowland and Douglas of the 42nd: A bill to create a Board of County Commissioners of Johnson County, so as to change the method of filling vacancies; to provide for an expense allowance for the chairman and each of the other members of said Board of County Commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 850. By Messrs. Bell and Morris of the 73rd, Dean of the 76th and others: A bill to amend an Act creating a Board of Commissioners of DeEalb County, so as to change the method of filling vacancies on 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 868. By Messrs. Cato and Conger of the 68th:
A bill to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change the compensation 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 871. By Messrs. Vaughn and Jordan of the 74th:
A bill to empower the governing authority of Rockdale County to adopt, ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, etc., to cite the constitutional authority for 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 873. By Mr. Simmons of the 4th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for said City, 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 47, nays 0.
WEDNESDAY, MARCH 19, 1969
1455
The bill, having received the requisite constitutional majority, was passed.
HB 880. By Messrs. Geisinger and Collins of the 72nd, Higginbotham of the 75th and others:
A bill to amend an Act providing a new charter for the City of Doraville, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 885. By Messrs. Peterson and Nunn of the 41st:
A bill to amend an Act incorporating the City of Warner Robins, so as to change the form of government of said city from a Mayor-Council form of government to a Council-Manager form of government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Scripture reading and prayer were offered by the Reverend C. C. Edmundson, pastor, First Methodist Church, Claxton, Georgia.
Senator Doss of the 52nd asked unanimous consent that the roll call be dispensed with.
The consent was granted.
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JOURNAL OF THE SENATE,
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage.
SR 104. By Senators Andrews of the 49th, Fincher of the 51st, Abney of the 53rd, Chapman of the 32nd, Brown of the 47th and Miller of the 43rd:
A resolution authorizing and directing the State Building Authority to provide adequate parking space for members of the General Assembly during legislative sessions; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SR 104 by striking the fourth paragraph of said resolution in its entirety and inserting in lieu thereof the following paragraph:
"Now therefore be it resolved by the General Assembly of Georgia that the State Building Authority is hereby authorized and directed to provide adequate parking space for all members of the General Assembly during regular and extra sessions thereof. Such parking space shall be provided at a cost to each member of the General Assembly not to exceed $10.00, and a sufficient part of the parking facility adjacent to the State Capitol shall be reserved and used for this purpose."
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 adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the Chair called for the ayes and nays and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox
Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley
Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble
WEDNESDAY, MARCH 19, 1969
145T
Padgett Pennington Plunkett Reeder Reynolds Riley Rowan Scott
Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe
Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
SB 250. By Senator Walling of the 42nd:
A bill to amend Code Chapter 61-3, relating to proceedings against tenants holding over, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; to provide for judgment; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 250 by adding in Section 2 at the end of the proposed subsection 61-303(a) the following sentence:
"Should the tenant fail to pay said rent as it becomes due, the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff, deputy or constable unless the tenant tenders a bond payable to the landlord in such amount as the court shall fix."
On the adoption of the amendment the ayes were 37, nays 0, and the amend ment was adopted.
Senator Garrard of the 37th offered the following amendment:
Amend SB 250 by adding to 61-303 (a) the sentence after the word "landlord" and before the adopted committee amendment "If the amount of rent is not in dispute the court shall order the clerk of the court to pay such rent to landlord without delay."
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JOURNAL OF THE SENATE,
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 as amended.
On the passage of the bill, the ayes were 36, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Walling of the 42nd moved that SB 250 be immediately transmitted to the House.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, Russell and Keyton of the 70th:
A bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
Senator Eldridge of the 7th offered the following amendment:
Amend HB 407 by inserting in the title, immediately before the phrase "to provide an effective date", the following:
"to add one additional judge of the superior court to the Waycross Judicial Circuit; to provide for his appointment and the elec tion of successors; to provide all the procedures connected with the foregoing;".
By renumbering Sections 12, 13 and 14 as Sections 19, 20 and 21, respectively.
And, by adding, following Section 11, the following new sections:
"Section 12. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945 (Ga. Code Ann., Sec. 2-3801), one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit, effective April 15, 1969.
"Section 13. The additional judge provided for by Section 12 shall be appointed by the Governor for a term of office beginning April 15, 1969, and continuing through December 31, 1970, and until his successor is elected and qualified; such judge shall be ap-
WEDNESDAY, MARCH 19, 1969
1459>
pointed by the Governor prior to April 1, 1969, and shall take office on that date. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1970, for a term of four years beginning on the first day of January, 1971, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the man ner hereafter provided by law for the election of judges of superior courts of this State.
"Section 14. The two judges of the superior courts for theWaycross Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities,, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be con trolling. The judge of the superior courts serving at the time this. Act becomes effective shall be the first senior judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The senior judge shall have the right to appoint referees of the juve nile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said cir cuit under the provisions of the Juvenile Court Act of 1951, as. amended (Ga. Laws Code Ann., Sec. 24-2403), the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Waycross Judicial Circuit shall have, and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may alter nate such order of business at the next term. They may either of them conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may both or any one of them hear chambers business and motion business at the same time at any place within said circuit. They may provide in all re spects for holding the superior courts of said circuit so as to facili tate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and dis posing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judges as hereinbefore shall control.
"Section IB. The drawing and empanelling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of the Waycross Judicial Circuit, and they, or either of them, shall have full power and authority to draw and
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JOURNAL OF THE SENATE,
empanel jurors for service in said courts so as to have jurors for the trial cases before either of said judges separately, or before each of them at the same time.
"Section 16. The two judges of the Waycross Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
"Section 17. The governing authority of the respective coun ties comprising the Waycross Judicial Circuit are hereby fully authorized and empowered to provide such suitable courtroom, jury rooms and chambers for the two judges of the Waycross Judicial Circuit as may be necessary upon the recommendation of said judges.
"Section 18. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Waycross Judicial Circuit may bear teste in the name of any judge of said Waycross Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official acts as judge thereof."
On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Eldridge of the 7th moved that HB 407 be immediately transmitted to the House.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
HB 385. By Messrs. Busbee of the 61st and Harris of the 77th:
A bill to provide that the Attorney General shall be vested with au thority and jurisdiction in matters of law relating to State Authorities; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
WEDNESDAY, MARCH 19, 1969
1461
A BILL
To be entitled an Act to provide that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authorities; to define the term "State Authorities"; to provide for reimbursement of the Department of Law by State Authorities re questing legal services, including services requested in connection with the validation of any bonds issued or to be issued by such Authorities; to repeal conflicitng laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term "State Authorities" is defined to mean the following instrumentalities of the State: Georgia Building Authority, Georgia Building Authority (Hospital), Georgia Building Authority (Markets), Georgia Building Authority (Penal), Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, Georgia Ports Authority, State Toll Bridge Authority, Jekyll Island--State Park Authority, and Stone Mountain Memorial Association.
Section 2. The Attorney General is vested with complete and ex clusive authority and jurisdiction in all matters of law relating to State Authorities, and no such State Authority shall be authorized, without the approval of the Attorney General, to employ other counsel in any matter whatsoever. The Attorney General is authorized to desig nate and assign any Assistant Attorney General, Deputy Assistant Attorney General, Special Deputy Assistant Attorney General, or At torney, to perform legal services for any such State Authority.
Section 3. When the Attorney General shall assign any Assistant Attorney General, Deputy Assistant Attorney General, Special Deputy Assistant Attorney General, or Attorney, to perform specific legal serv ices requested by any State Authority, or legal service requested in connection with the validation of any bonds issued or to be issued by any State Authority, the State Authority requesting such services shall re imburse the Department of Law for such services as hereinafter pro vided.
Section 4. Prom time to time the Attorney General shall submit to the State Authority requesting legal services a statement of the ex penses of such legal services incurred by the Department of Law, such statements to include the names of the Assistant Attorneys General, Deputy Assistant Attorneys General, Special Deputy Assistant Attor neys General, or Attorneys performing such services, the items of legal services performed, and the costs thereof. The State Authority is au thorized to reimburse the Department of Law for such services and expenses. Provided, however, that the amount of such services and expenses shall have the advance approval of the Director of the State Authority requesting such services.
Section 5. This Act shall become effective on July 1, 1969.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
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JOURNAL OF THE SENATE,
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 5by 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 toy substitute.
Senator Smalley of the 28th moved that HB 385 be immediately transmitted to the House.
On the motion, the ayes were 29, nays 0, and the motion prevailed.
SB 171. By Senator Padgett of the 23rd:
A bill to provide for inclusion in sentences in criminal cases a state ment of the duration of the defendant's incarceration prior to conviction and a statement of the consideration given such incarceration by the trial judge in imposing sentence; to repeal conflicting laws; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
A BILL
To be entitled an Act to provide that sentences in criminal cases shall give the defendant credit towards service of his sentence for any days spent in custody in connection with the offense or actions for which sentence was imposed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Sentences in all criminal cases shall give the defendant credit towards service of his sentence for any days spent in custody in connection with the offense or actions for which sentence was imposed. No sentence shall prescribe any other method of computing the term.
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.
WEDNESDAY, MARCH 19, 1969
1463
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 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 263. By Senators Tysinger of the 41st, Johnson of the 38th, Walling of the 42nd, Riley of the 1st and Doss of the 52nd:
A bill to create the Institute for Research in Bio-Technology; to repeal conflicting laws; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend SB 263 by adding at the end as a part of the first sentence of Sec. 7 the following:
"but in no event shall the cost thereof exceed funds appro priated for such 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 passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Plunkett of the 30th asked that the following remarks be recorded in the journal:
"Mr. President:
I have just had delivered to me and placed into my hands the Appro priations Bill, HB 77.
Please note that there is only one week remaining of our session but I consider the Appropriations Committee and this Senate capable and equal to the task.
Lamar Plunkett, Chairman Appropriations Committee."
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JOURNAL OF THE SENATE,
SB 272. By Senator Miller of the 43rd:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the pur pose of suspending driver licenses, approved March 7, 1968 (Ga. L. 1968, p. 430), so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
Senator Miller of the 43rd offered the following amendment:
Amend SB 272 by striking Sections 1 and 2 in their entirety and renumbering the subsequent sections, and amending the caption accord ingly.
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
SR 117. By Senator Coggin of the 35th:
A resolution creating the Scholarship Study Committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
SR 123. By Senator Hill of the 29th: A resolution authorizing the disposal of five separate tracts of land located in Meriwether County, Georgia; and for other purposes.
WEDNESDAY, MARCH 19, 1969
1465
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following 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 tills of the House, to-wit:
HB 768. By Messrs. Scarlett and Harris of the 67th:
A bill to amend the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "county"; and for other purposes.
HB 804. By Messrs. Egan of. the 116th, Matthews of the 16th, Ellis of the 91st, Cook of the 95th and Simkins of the 78th:
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 licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; and for other purposes.
HB 532. By Mr. Floyd of the 7th: A bill to amend an Act providing appropriations for the fiscal years 1967-68, generally known as the General Appropriations Act, so as to change the language relative to the appropriation to the Department of Industry and Trade for matching local funds for welcome centers estab lished at places other than at the highway entrance to the State; and for other purposes.
HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st and Bowen of the 47th: A bill to amend Code Section 114-112, relating to the liability of princi-
1466
JOURNAL OF THE SENATE,
pal, intermediate, or sub-contractors, so as to provide the extent of liability of the principal, intermediate, and sub-contractors; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Pallin of the 63rd, Russell and Keyton of the 70th:
A bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
HR 310. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution authorizing the conveyance of land by Dougherty County; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 852. By Messrs. Rowland of the 42nd and Paris of the 14th:
A bill to amend Code Section 114-706, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, so as to provide for the taking of testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or to procure evidence for admission at a hearing even though such person may be available to testify in person at the hearing; and for other purposes.
The House insists on its position in substituting the following bill of the Senate, to-wit:
SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.
WEDNESDAY, MARCH 19, 1969
1467
The House has agreed to the Senate amendment to the following resolution of the House, to-wit:
HR 82. By Messrs. Nessmith of the 4th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th and Jones of the 59th: A resolution creating the Georgia Coastal Islands Study Committee; and for other purposes.
The House has passed by the requisite constitutional majority the following Mils of the House, to wit:
HB 412. By Messrs. Williams, Cooper and Wood of the llth: A bill to require glass doors to be constructed of safety glass; to pro vide that the Georgia Safety Fire Commissioner shall compile and pub lish a list of types of safety glass made of safety glazing materials approved by him; to provide that it shall be unlawful to install any glass door which is not constructed of safety glass after a certain date; and for other purposes.
HB 514. By Messrs. McDaniell and Burruss of the 117th, Farrar of the 77th and Cook of the 95th: A bill to require safe construction and installation of boilers and pres sure vessels; to provide for the safety of persons and property; and for other purposes.
HB 653. By Mr. Games of the 104th: A bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as Secretary to the State Board of Examiners of Plumbing Contractors, and for other purposes.
The following bills and resolution were read the first time and referred to committees:
HB 532. By Mr. Floyd of the 7th: A bill to amend an Act providing appropirations for the fiscal years 1967-68, generally known as the General Appropriations Act, so as to change the language relative to the appropriation to the Department of Industry and Trade for matching local funds for Welcome Centers estab lished at places other than at the highway entrance to the State; and for other purposes.
Referred to Committee on Appropriations.
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JOURNAL OF THE SENATE,
HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st and Bowen of the 47th:
A bill to amend Code Section 114-112, relating to the liability of princi pal, intermediate, or sub-contractors, so as to provide the extent of lia bility of the principal, intermediate and sub-contractors; and for other purposes.
Referred to Committee on Judiciary.
HB 852. By Messrs. Rowland of the 42nd and Paris of the 14th:
A bill to amend Code Section 114-706, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, so as to provide for the taking of testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or to procure evidence for admission at a hearing even though such person may be available to testify in person at the hearing; and for other purposes.
Referred to Committee on Industry and Labor.
HR 310. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution authorizing the conveyance of land by Dougherty County; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 768. By Messrs. Scarlett and Harris of the 67th:
A bill to amend the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "county"; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 454. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th and others:
A bill to amend an Act establishing an equalized adjusted school prop erty tax digest for each county in the State and for the State as a whole, so as to provide that the equalized adjusted school property tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the corrections certified by the State Auditor; and for other purposes.
WEDNESDAY, MARCH 19, 1969
1469
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HE 179. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd: A resolution authorizing the State Department of Education to pay cer tain sums to local units of administration who were denied their pro portionate share of funds distributed under the Minimimum Foundation Program of Education Act; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 138. By Messrs. Peterson and Nunn of the 41st:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to be composed of the County of Houston; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd: A bill to amend Code Chapter 88-18, relating to hospital authorities, so
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JOURNAL OP THE SENATE,
as to authorize hospital authorities to establish and effectuate employ ment benefits and retirement plans, and to authorize the funding of same in whole or in part; and for other purposes.
Senator Garrard of the 37th offered the following amendment:
Amend HB 651 as follows:
By deleting Section 3A in its entirety.
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill,. was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 1.
The bill having received the requisite constitutional majority, was passed as amended.
The following communication from His Excellency, Governor Lester Maddox, was received and read by the secretary:
Honorable George T. Smith Lieutenant Governor President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334
Gentlemen:
I submit herewith to your Honorable Body for confirmation the following appointments on the Georgia Youth Council to serve at the pleasure of the Governor:
WEDNESDAY, MARCH 19, 1969
1471
Eddie C. Johnson McDonough, Georgia
John Clifford Overstreet Savannah Beach, Georgia
Linda Kay Hopkins Cairo, Georgia
Janice Lynn Parrar Tifton, Georgia
Marcia Gail Heard Colquitt, Georgia
Gary McCullough Midland, Georgia
Wayne Camp Buena Vista, Georgia
Jane Still Conyers, Georgia
Paul Edward Cooper Scottdale, Georgia
Lavoy Lowe Eastman, Georgia
William Christy Jones Alma, Georgia
Steven Lee Cain Tallulah Falls, Georgia
Alien Davis Hartwell, Georgia
Robert E. Lunsford Tucker, Georgia
Paul Hooper Nichols III Toccoa, Georgia
William Bradley Strickland New Holland, Georgia
Sharon Lynn Varner Commerce, Georgia
Thomas A. Nash, Jr. Washington, Georgia
Karen Orr Washington, Georgia
Nell Irene Mobley Gracewood, Georgia
Larry Daniel Flowers Hephzibah, Georgia
Ranee Lanier Statesboro, Georgia
Tommy Alexander Thomasville, Georgia
Cathy Engle Bainbridge, Georgia
Dora Johnson Ochlocknee, Georgia
William Hulbert Perry, Georgia
Gene Walker Columbus, Georgia
John Andrew Smith Tucker, Georgia
John Vickers IV Atlanta, Georgia
Katherine Shedd Atlanta, Georgia
Sandy King Atlanta, Georgia
Mike Hall Macon, Georgia
Steve Lse Cain Smyrna, Georgia
Greg Odom Hahira, Georgia
Sandi Ison Coving-ton, Georgia
Jimmy Finney Milledgeville, Georgia
Janice Elaine Tuten Guyton, Georgia
William Randall Roundtree Springfield, Georgia
Brenda Joyce Bruce Hinesville, Georgia
Randy Fagler Swainsboro, Georgia
Katherine Claire Oliff Statesboro, Georgia
Steve H. Goody Vienna, Georgia
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JOURNAL OF THE SENATE,
Lynn Elizabeth Page Byronville, Georgia
Steve Dugan Fort Valley, Georgia
Dan Wingate Sylvester, Georgia
Randall Bugg Decatur, Georgia
Elizabeth Lynn Todd Stone Mountain, Georgia
Thomas Welch McEwen Atlanta, Georgia
Pattie M. Jackson Atlanta, Georgia
Ellis Daniel Sikes, Jr. Decatur, Georgia
Kenneth Michael Kincaid Atlanta, Georgia
Susan Kay Lockamy Decatur, Georgia
Robert Lane Burns, Jr. Stone Mountain, Georgia
James B. Smith Brooks, Georgia
Cynthia Turner Fayetteville, Georgia
Claude Henry Macon, Georgia
Richard C. Waites Macon, Georgia
Dell Payne Macon, Georgia
Roland Yarbrough LaGrange, Georgia
Karen Avans Trenton, Georgia
Jerry Cooper Rising Fawn, Georgia
Randy Crump Smyrna, Georgia
Deborah Lynn Johnson Rising Fawn, Georgia
Nancy Freeman Trenton, Georgia
Ken Carlton Rockmart, Georgia
Deborah Jackson Rockmart, Georgia
Terry Miller Dalton, Georgia
Albert Dorminy, Jr. Ocilla, Georgia
Roser M. Budd, Jr. Valdosta, Georgia
Sherry Farmer Ocilla, Georgia
Monte Joe Black Cleveland, Georgia
Homer Myers Gainesville, Georgia
Jeffrey King Gainesville, Georgia
Carol Jarrard Canton, Georgia
Susan Leigh Kirkland Covington, Georgia
Lee Still Piper Covington, Georgia
James Thomas Bridges Martinez, Georgia
Marilyn Jane Brown Martinez, Georgia
Robert N. Wilson, Jr. Thomson, Georgia
Monty Nelson Thomson, Georgia
Jeannette Garrett Sparta, Georgia
Carol Rebecca Hood Covington, Georgia
Respectfully submitted, Lester Maddox Governor
WEDNESDAY, MARCH 19, 1969
1473
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and others: A bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
Senator Chapman of the 32nd moved that the Senate insist on its amendment to HB 225.
On the motion, the ayes were 38, nays 0, and the motion prevailed.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 244. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A bill to amend an Act relative to the taxation of cigars and cigarettes as amended, so as to impose certain duties on dealers and distributors; and for other purposes.
The report 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 11. By Messrs. Odom of the 61st and Ployd of the 7th:
A bill to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new program; and for other purposes.
The Committee on Appropriations offered the following amendment:
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Amend HB 11, Section 40-419.1 in third line after the word "Assem bly", by striking "at least three months" and inserting in lieu thereof "at least forty five (45) days"
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 434. By Messrs. Bohannon and Patterson of the 20th: A bill to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, providing that in counties having a population of not less than 36,000 and not more than 38,000, that any person who fails to return real and personal property for taxes by the deadline shall be deemed to have returned said property at the preceding years' value; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 785. By Messrs. Matthews of the 63rd:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the expenditure of certain funds for school lunch purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, MARCH 19, 1969 On the passage of the bill, the ayes were 38, nays 0.
1475
The bill, having received the requisite constitutional majority, was passed.
HB 527. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals the following: "Have you filed an intangible tax return for this year? If not why not?"; and for other purposes.
Senator Plunkett of the 30th moved that HB 527 be postponed to Thursday, March 20th at 10:30 o'clock.
On the motion, the ayes were 44, nays 0, and the motion prevailed.
HB 169. By Mr. Barber of the 15th:
A bill to be entitled an Act to amend an Act entitled "An Act to estab lish a retirement system for aged and incapacitated teachers in the State Public Schools, and other State supported schools . . .", so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as pro vided in said Act in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes
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upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
The Committee on County and Urban Affairs offered the following substi tute:
A BILL
To be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb., p. 207), so as to change the liimtations imposed upon such levy; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb., p. 207), is hereby amended by striking Sec tion 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. From and after the passage of this Act no munici pal corporation or county authority of this State, notwithstanding any provision in its charter to the contrary, shall levy or collect any license, occupational or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, podiatry, dentistry, optometry, masseur, public accounting, embalming, funeral directors, civil, mechanical, hydraulic, or electrical engineering or architecture ex cept at the place where any such practictioner shall maintain his principal office; provided, such levy shall not exceed the sum of $200.00 per year."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Tysinger of the 41st moved that HB 87 be tabled.
On the motion to table, the ayes were 14, nays 27, and the motion to table was lost.
Senator Reynolds of the 48th offered the following amendment to the commit tee substitute:
WEDNESDAY, MARCH 19, 1969
1477
Amend committee substitute to HB 87 by striking in quoted Section 1, the figure: "$200.00" and inserting in lieu thereof the figure "$100.00".
On the adoption of the amendment to the committee substitute, Senator Adams of the 26th 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:
Abney Adams of 5th Andrews Fincher of 61st Pincher of 54th Gillis Hensley
Holley Hudgins Jackson Johnson
Kidd London Noble
Reynolds Scott Tysinger Vann
Walling Ward
Those voting in the negative were Senators:
Adams of 26th Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Dean Doss Eldridge Garrard
Hardy Hill Kennedy Maclntyre Miller Pennington Plunkett Reeder Riley Rowan Searcey
Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment to the committee substitute, the ayes were 20, nays 32.
The amendment, having failed to receive the requisite constitutional majority, was lost.
On the adoption of the committee substitute, Senator Johnson of the 38th called for the ayes and nays, and the call was sustained.
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JOURNAL OF THE SENATE,
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Fincher of 51st Fincher of 54th Garrard
Gillis Hardy Hensley Hill Holley Jackson Johnson Kennedy Kidd Maclntyre Pennington Plunkett
Reynolds Rowan Smalley Smith of 18th Smith of 34th Spinks Stephens Walling Ward Zipperer
Those voting in the negative were Senators:
Andrews Dean Doss Eldridge Hudgins London
Miller Noble Reeder Riley Scott Searcey
Starr Trippe Tysinger Vann Webb Young
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the committee substitute, the ayes were 34, nays 18, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 36, nays 6.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Fincher of the 54th asked unanimous consent to revert to the order to read the first time and refer to committee the following bill of the House:
WEDNESDAY, MARCH 19, 1969
1479
HB 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st and others:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; and for other purposes.
Referred to Committee on Temperance.
The consent was granted.
Senator Fincher of the 54th moved that HB 804 be engrossed.
On the motion, the ayes were 34, nays 0, and the motion prevailed.
The following resolution was read and adopted:
SR 132. By Senator Maclntyre of the 40th: A resolution commending Veterans of World War One; and for other purposes.
Senator Smith of the 18th asked unanimous consent that the Senate suspend the rules to read committee reports on bills and resolutions, and the consent was granted.
The following reports of standing committees were read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 160. Do pass as amended. HB 323. Do pass. HB 489. Do pass as amended. HB 502. Do pass as amended.
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JOURNAL OF THE SENATE,
HB 517. Do pass. HB 537. Do pass. HB 705. Do pass. HB 775. Do pass. HB 780. Do pass. HB 788. Do pass as amended. HB 800. Do pass. HB 806. Do pass. HB 810. Do pass. HB 811. Do pass as amended. HB 830. Do pass by substitute. HB 857. Do pass. HB 870. Do pass. HB 874. Do pass. HB 890. Do pass. HB 891. Do pass. HB 892. Do pass. HB 901. Do pass. HB 903. Do pass. HB 923. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judici ary, 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 212. Do pass by substitute.
WEDNESDAY, MARCH 19, 1969
1481
SB 282. Do pass by substitute.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Smith of the 18th 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 resolutions of the House and has in structed me, as Chairman, to report the same back to the Senate with the follow ing recommendations:
HR 188. Do pass. HR 255. Do pass. HR 271. Do pass. HR 272. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
Senator Fincher of the 51st District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 366. Do pass.
Respectfully submitted, Pincher of 51st District, Chairman.
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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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HB 507. Do pass. HB 648. Do pass. HB 935. Do pass. HR 280. Do pass.
Respectfully submitted, Pennington of 45th District, Chairman.
Senator Smith of the 18th 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 bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 217. Do pass. SB 218. Do pass. SB 285. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
Senator Andrews of the 49th District, Chairman of the Committee on Educa tional Matters, submitted the following report:
WEDNESDAY, MARCH 19, 1969
1483
Mr. President:
Your Committee on Educational Matters has had under consideration the fol lowing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 286. Do pass.
Respectfully submitted, Andrews of 49th District, Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SR 95. Do pass. SB 279. Do pass. SB 281. Do pass. HB 453. Do pass as amended.
Respectfully submitted, Holley of the 22nd District, Chairman.
Senator Hensley of the 33rd 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 and resolution 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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JOURNAL OP THE SENATE,
HB 248. Do pass. HB 907. Do pass. HR 250. Do pass.
Respectfully submitted, Hensley of the 33rd District, Chairman.
Senator Eldridge of the 7th, 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 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 109. SB 129. SB 150. SB 202. SB 215. SB 222. SB 231. SB 248. SB 250. SB 268. SB 275. SB 276. SB 277. SR 102. SR 107.
Respectfully submitted, Eldridge of the 7th District, Chairman.
WEDNESDAY, MARCH 19, 1969
1485
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Gover nor:
SB 117. SB 154. SB 199.
Respectfully submitted, Eldridge of 7th District, Chairman.
Senator Smith of the 18th 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.
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Senate Chamber, Atlanta, Georgia, Thursday, March 20, 1969.
The Senate met pursuant to adjournment at 9:00 o'clock this morning, and was called to order by the president.
Senator Andrews of the 49th 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 Doss of the 52nd 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. C. B. Fulgram, and as the nurse of the day, Mrs. Shelby Abernathy.
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 and Senate, to-wit:
THURSDAY, MARCH 20, 1969
1487
HB 974. By Messrs. Mason and Nash of the 13th:
A bill authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board; and for other purposes.
HB 975. By Mr. Collins of the 62nd:
A bill to abolish the office of County Treasurer for Mitchell County; to transfer the duties of said office to the Clerk of the Board of Com missioners of Mitchell County; to provide for a depository; and for other purposes.
HB 977. By Mr. Hargrett of the 58th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other purposes.
HB 976. By Mr. Hargrett of the 58th:
A bill to change the compensation of the sheriff and the clerk of the superior court in certain counties; and for other purposes.
HB 978. By Messrs. Poole, Roach and Harris of the 10th:
A bill to create the Pickens County Water and Sewer Authority; and for other purposes.
HB 979. By Messrs. Poole, Roach and Harris of the 10th:
A bill to provide for appointment of the Pickens County School Super intendent by the Board of Education of Pickens County; and for other purposes.
HB 980. By Messrs. Poole, Roach and Harris of the 10th:
A bill to create the Tate Water and Sewer Authority; and for other purposes.
HB 981. By Messrs. Paris of the 14th, Barber of the 15th, Milford and Mauldin of the 12th:
A bill to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.
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JOURNAL OF THE SENATE,
HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to amend an Act creating1 the office of commissioner of roads and revenues for the County of Walker, so as to authorize an automo bile for the use of the commissioner in conducting the official duties of his office; and for other purposes.
HB 983. By Messrs. Harris, Levitas, Farrar and Thomason of the 77th, Jordan of the 74th, Morris and Bell of the 73rd, Davis, Floyd of the 75th, Collins of the 72nd and Dean of the 76th:
A bill to amend the charter of the City of Avondale Estates, so as to modify and expand the limits of said city; and for other purposes.
HB 984. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A bill to amend an Act creating a new Charter for the City of Newnan,. so as to increase the corporate limits; and for other purposes.
HB 985. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A bill to amend an Act changing the compensation of the sheriff, the ordinary and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the provisions for paying the salaries of sheriff's deputies and jailers; and for other purposes.
HB 986. By Mr. Wamble of the 69th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court and the Tax Commissioner of Grady County, etc.; and for other purposes.
HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd:
A bill to create the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other matters connected with the fore going; and for other purposes.
HB 831. By Messrs. Knowles of the 22nd, Clarke of the 33rd, Caldwell and Smith of the 39th:
A bill to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation,, so as to abolish the annual salary of the district attorney of said judicial circuit; and for other purposes.
THURSDAY, MARCH 20, 1969
1489
HB 860. By Mr. Phillips of the 38th:
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 provide that the number of deputies shall not be increased or decreased unless such increase or decrease is approved by the sheriff and the governing authority of Harris County; and for other purposes.
HB 911. By Mr. Maxwell of the 78th:
A bill to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General As sembly; and for other purposes.
HB 912. By Mr. Maxwell of the 78th:
A bill to fix the compensation of certain elected officials in certain counties; and for other purposes.
HB 920. By Mr. DeLong of the 80th:
A bill to amend an Act changing from the fee to the salary system cer tain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.
HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th, Jones of the 87th and Funk of the 92nd:
A bill to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, so as to provide that employees of Chatham County shall be afforded an opportunity to elect 3 members to the said Civil Service Board, which 3 members shall be in addition to the present membership thereof; and for other purposes.
HB 970. By Messrs. Cato and Conger of the 68th:
A bill amending, consolidating and superseding the several Acts in corporating the City of Colquitt, and creating a new Charter and municipal government for said corporation, so as to change the salaries of the mayor and councilmen thereof; and for other purposes.
HB 972. By Messrs. Mason and Nash of the 13th:
A bill authorizing Gwinnett County and the governing authorities thereof to establish and administer a sewer and water system and to levy assessments therefor; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes.
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JOURNAL OF THE SENATE,
HB 973. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating a new charter for the City of Norcross, Georgia, so as to limit the amount of fine imposed for violation of city ordinances; and for other purposes.
HB 987. By Messrs. Wood, Williams and Cooper of the llth:
A bill to amend an Act incorporating and granting a charter to the City of Lula, so as to authorize the mayor and council to fix the com pensation of officers and employees of said city, except the salaries of the mayor and councilmen; and for other purposes.
HB 991. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of tax commissioner of Telfair County, so as to change the compensation of the tax commissioner of Telfair County; and for other purposes.
SB 255. By Senator McGill of the 24th:
A bill to amend an Act placing the sheriff, the ordinary and clerk of the Superior Court of Wilkes County upon an annual salary, so as to change the compensation of the clerk of the Superior Court; and for other purposes.
SB 267. By Senator McGill of the 24th:
A bill to create and establish a Small Claims Court in and for Wilkes County; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 193. By Mr. Lowrey of the 9th:
A bill providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th and Wood of the llth and others:
A bill to amend Code Section 92-1403 of Georgia Code of 1933 relating
THURSDAY, MARCH 20, 1969
1491
to levy of motor fuel taxes and known as the "Motor Fuel Tax Law",, so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon;: and for other purposes.
The House has passed by the requisite constitutional majority the followingresolutions of the House, to-wit:
HR 257. By Messrs. Parker and Nessmith of the 44th:
A resolution requesting the State Highway Department to designate a. certain bridge as the "E. S. Lane Bridge"; and for other purposes.
HR 139. By Messrs. Chandler of the 34th and Murphy of the 19th:
A resolution authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia;; and for other purposes.
HR 226. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the. 19th:
A resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes..
HR 228. By Messrs. Dickinson of the 118th, Farrar, Thomason and Levitas of the 77th, Higginbotham, Felton of the 75th, Dean of the 19th, Jordan of the 74th, McDaniell of the 117th and others:
A resolution urging the Governor to take the necessary action to ac quire title to a certain tract of property located in Sweetwater Valley in Douglas County, Georgia; and for other purposes.
HR 304. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution to ratify, approve, and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of tax im posed 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 305. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, date March 11, 1968, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act
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JOURNAL OF THE SENATE,
upon the sale of tangible personal property to certain general nonprofit hospitals until the next meeting of the General Assembly; and for other purposes.
HR 306. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution to ratify, approve, and confirm the Executive Orders of the Governor, dated March 29, 1967, and March 11, 1968, 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 meet ing of the General Assembly; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 499. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th, Hawes of the 95th, Chandler of the 34th and Busbee of the 61st:
A bill to amend an Act known as the "Georgia Building Authority Act" (formerly known as the "State Office Building Authority Act"), so as to authorize the Georgia Building Authority to employ security guards to keep watch over and protect the properties of the Georgia Building Authority; and for other purposes.
HB 610. By Mr. Jones of the 59th:
A bill to amend Code Chapter 93-4, relating to the jurisdiction of the Georgia Public Service Commission, so as to provide authority and power for the Georgia Public Service Commission to enjoin any and all violations of the rules, orders and regulations established by the Public Service Commission for the safe installation and operation of all natural gas transmission and distribution facilities within this State; and for other purposes.
HB 866. By Mr. Hale of the 1st:
A bill to authorize any court of competent jurisdiction to require the posting of a bond, with surety approval by the court, by a party or parties seeking, in any public lawsuit, to declare invalid, enjoin, or prevent the financing, construction, improving, etc., of any public im provement, project, or facility or the creation, organization, or forma tion of any political subdivision; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
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HB 199. By Mr. Barber of the 15th:
A bill to amend an Act creating the Employees' Retirement System, so as to change the provisions relating to employment of retired members; and for other purposes.
HB 565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th and Howell of the 60th:
A bill to amend Code Section 24-406, relating to the method of filling vacancies in the office of justice of the peace, so as to provide that special elections called for the purpose of filling vacancies in the office of justice of the peace shall be conducted in conformity with the Georgia election Code; and for other purposes.
HB 815. By Messrs. Sims of the 106th and Chandler of the 34th:
A bill to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to permit convicts to do contract work for private industry; and for other purposes.
HR 194. By Messrs. MeDaniell of the 117th, Nessmith of the 44th and Burruss of the 117th:
A resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.
The House has agreed to the Senate amendment to the House amendment to the following bill of the Senate, to-wit:
SB 136. By Senator Broun of the 46th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; and for other purposes.
The following bill and resolutions were introduced, read the first time, and referred to committees:
SB 287. By Senator Andrews of the 49th:
A bill to amend an Act creating the Claims Advisory Board, approved April 12, 1963, so as to provide that it shall be the duty of each State
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department and agency to file a notice of possibility of claim; and for other purposes.
Referred to Committee on Appropriations.
SR 134. By Senator Andrews of the 49th:
A resolution creating the Educational Matters Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 135. By Senator Andrews of the 49th: A resolution creating the Senate Teacher Tenure Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 136. By Senators Walling of the 42nd, Ward of the 39th, Broun of the 46th and others:
A resolution creating the "Code of Ethics Study Committee"; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the first time and referred to committees:
HB 199. By Mr. Barber of the 15th:
A bill to amend an Act creating the Employees' Retirement System, so as to change the provisions relating to employment of retired members; and for other purposes.
Referred to Committee on Retirement.
HB 412. By Messrs. Williams, Cooper and Wood of the llth:
A bill to require glass doors to be constructed of safety glass; to provide that the Georgia Safety Fire Commissioner shall compile and publish a list of types of safety glass made of safety glazing materials approved by him; to provide that it shall be lawful to install any glass door which is not constructed of safety glass after a certain date; and for other purposes.
Referred to Committee on Industry and Labor.
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HB 499. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and others:
A bill to amend an Act known as the "Georgia Building Authority Act" (formerly known as the "State Office Building Authority Act"), so as to authorize the Georgia Building Authority to employ security guards to keep watch over and protect the properties of the Georgia Building Authority; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 514. By Messrs. McDaniell and Burruss of the 117th, Parrar of the 77th and Cook of the 95th:
A bill to require safe construction and installation of boilers and pres sure vessels; to provide for the safety of persons and property; and for other purposes.
Referred to Committee on Industry and Labor.
HB 565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Section 24-406, relating to the method of fillingvacancies in the office of justice of the peace, so as to provide that special elections called for the purpose of filling vacancies in the office of justice of the peace shall be conducted in conformity with the Georgia Election Code; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 610. By Mr. Jones of the 59th:
A bill to amend Code Chapter 93-4, relating to the jurisdiction of the Georgia Public Service Commission, so as to provide authority and power for the Georgia Public Service Commission to enjoin any and all violations of the rules, orders and regulations established by the Public Service Commission for the safe installation and operation of all natural gas transmission and distribution facilities within this State; and for other purposes.
Referred to Committee on Industry and Labor.
HB 653. By Mr. Games of the 104th:
A bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as Secretary to the State Board of Examiners of Plumbing Con tractors; and for other purposes.
Referred to Committee on Industry and Labor.
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HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd:
A bill to create the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other matters connected with the fore going; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 815. By Messrs. Sims of the 106th and Chandler of the 34th:
A bill to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to permit convicts to do contract work for private industry; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
HB 831. By Messrs. Knowles of the 22nd, Clarke of the 33rd, Caldwell and Smith of the 39th:
A bill to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, so as to abolish the annual salary of the district attorney of said ju dicial circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 860. By Mr. Phillips of the 38th:
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 provide that the number of deputies shall not be increased or decreased unless such increase or decrease is approved by the sheriff and the governing authority of Harris County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 866. By Mr. Hale of the 1st: A bill to authorize any court of competent jurisdiction to require the posting of a bond, with surety approval by the court, by a party or parties seeking, in any public lawsuit, to declare invalid, enjoin, or prevent the financing, construction, improving, etc., of any public im provement, project, or facility or the creation, organization, or forma tion of any political subdivision; and for other purposes.
Referred to Committee on Judiciary.
HB 911. By Mr. Maxwell of the 78th: A bill to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.
Referred to Committee on County and Urban Affairs.
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1497
HB 912. By Mr. Maxwell of the 78th:
A bill to fix the compensation of certain elected officials in certain counties; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 920. By Mr. DeLong of the 80th: A bill to amend an Act changing from the fee to the salary system cer tain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th and others: A bill to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, so as to provide that employees of Chatham County shall be afforded an opportunity to elect 3 members to the said Civil Service Board, which 3 members shall be in addition to the present membership thereof; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 970. By Messrs. Cato and Conger of the 68th: A bill amending, consolidating and superseding the several Acts in corporating the City of Colquitt, and creating a new Charter and mu nicipal government for said corporation, so as to change the salaries of the mayor and councilmen thereof; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 972. By Messrs. Mason and Nash of the 13th: A bill authorizing Gwinnett County and the governing authorities there of to establish and administer a sewer and water system and to levy assessments therefor; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 973. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating a new charter for the City of Norcross, Georgia, so as to limit the amount of fine imposed for violation of city ordinances; and for other purposes.
Referred to Committee on County and Urban Affairs.
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JOURNAL OF THE SENATE,
HB 974. By Messrs. Mason and Nash of the 13th:
A bill authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 975. By Mr. Collins of the 62nd:
A bill to abolish the office of County Treasurer for Mitchell County r to transfer the duties of said office to the Clerk of the Board of Com missioners of Mitchell County; to provide for a depository; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 976. By Mr. Hargrett of the 58th:
A bill to change the compensation of the sheriff and the clerk of the superior court in certain counties; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 977. By Mr. Hargrett of the 58th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 978. By Messrs. Poole, Roach and Harris of the 10th:
A bill to create the Pickens County Water and Sewer Authority; and for other purposes.
Referred to Committee on County and Urban Affairs,
HB 979. By Messrs. Poole, Roach and Harris of the 10th:
A bill to provide for appointment of the Pickens County School Superin tendent by the Board of Education of Pickens County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 980. By Messrs. Poole, Roach and Harris of the 10th:
A bill to create the Tate Water and Sewer Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
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HB 981. By Messrs. Paris of the 14th, Barber of the 15th, Milford and Mauldin of the 12th:
A bill to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to authorize an automobile for the use of the commissioner in conducting the official duties of his of fice ; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 983. By Messrs. Harris, Levitas, Farrar of the 77th and others:
A bill to amend the charter of the City of Avondale Estates, so as to modify and expand the limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 984. By Messr. Potts, Blalock, Ware and Mullinax of the 30th:
A bill to amend an Act creating a new Charter for the City of Newnan, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 985. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A bill to amend an Act changing the compensation of the sheriff, the ordinary and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the provisions for paying the salaries of sheriff's deputies and jailers; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 986. By Mr. Wamble of the 69th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court and the Tax Commissioner of Grady County, etc.; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 987. By Messrs. Wood, Williams and Cooper of the llth: A bill to amend an Act incorporating and granting a charter to the City
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of Lula, so as to authorize the mayor and council to fix the compen sation of officers and employees of said city, except the salaries of the mayor and councilmen; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 991. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of tax commissioner of Telfair County, so as to change the compensation of the tax commissioner of Telfair County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 139. By Messrs. Chandler of the 34th and Murphy of the 19th:
A resolution authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HR 194. By Messrs. McDaniell of the 117th, Nessmith of the 44th and Burruss of the 117th:
A resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HR 226. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HR 228. By Messrs. Dickinson of the 118th, Farrar, Thomason of the 77th and others:
A resolution urging the Governor to take the necessary action to acquire title to a certain tract of property located in Sweetwater Valley in Douglas County, Georgia; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
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HR 257. By Messrs. Parker and Nessmith of the 44th:
A resolution requesting the State Highway Department to designate a certain bridge as the "E. S. Lane Bridge"; and for other purposes.
Referred to Committee on Highways.
HR 304. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A resolution to ratify, approve, and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of tax im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Appropriations.
HR 305. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non-profit hospitals until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Appropriations.
HR 306. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A resolution to ratify, approve, and confirm the Executive Orders of the Governor, dated March 29, 1967, and March 11, 1968, 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 subseqeuntly 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.
Referred to Committee on Appropriations.
The following bills and resolutions were read the second time:
SB 284. By Senator London of the 50th: A bill to provide a new charter for the City of Helen; and for other purposes.
SB 286. By Senators Abney of the 53rd, Reeder of the 55th, Miller of the 43rd and others: A bill to provide for a course of study, to be known as "Freedom v.
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JOURNAL OF THE SENATE,
Communism", in the public high schools of this State; to provide for the commencement of the course; to provide for the duration of the course; to provide for instructional materials; to repeal conflicting laws; and for other purposes.
SR 130. By Senators Tysinger of the 41st, Miller of the 43rd, Walling of the 42nd and others:
A resolution requesting that the Governoring Authority of DeKalb County provide certain information to the members of the General Assembly, creating a local study commission, providing for the pay ment of expenses; and for other purposes.
HB 875. By Mr. Clarke of the 33rd:
A bill to create a new board of education of Butts County; and for other purposes.
HB 916. By Messrs. Harris and Roach of the 10th:
A bill to amend an Act incorporating the City of Emerson, in Bartow County, so as to change the corporate limits of the City of Emerson; and for other purposes.
HB 917. By Mr. McCracken of the 36th:
A bill to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and exhaustively revise said Title; and for other purposes.
HB 918. By Messrs. Harris and Roach of the 10th:
A bill to reincorporate the City of Cartersville in the County of Bartow; and for other purposes.
HB 919. By Mr. Moate of the 28th:
A bill to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to' the U. S. Decennial Census of 1960; and for other purposes.
HB 948. By Mr. Knowles of the 22nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of an annual salary in lieu of the fee system of compensation, so as to change the compensation of the tax commis sioner of Henry County; and for other purposes.
THURSDAY, MARCH 20, 1969
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HB 950. By Messrs. Snow, Hale and Crowe of the 1st and Peters of the 2nd:
A bill to provide a salary for the court reporter of the Lookout Moun tain Judicial Circuit, which salary shall be in addition to the fees he is entitled to receive by law; and for other purposes.
HB 951. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act incorporating the Town of Haralson, so as to extend the corporate limits of said town; and for other purposes.
HB 955. By Messrs, Kreeger, Housley, Atherton and others of the 117th:
A bill to amend an Act incorporating the City of Powder Springs, so as to provide for annexation of territory to the City of Powder Springs; and for other purposes.
HB 957. By Messrs. Levitas, Thomason, Farrar of the 77th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to corporate boundaries; and for other purposes.
HB 958. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Jefferson, in the County of Jackson, so as to provide for annexation of areas to wards of said city and to thereby change the corporate limits of said city; and for other purposes.
HB 960. By Messrs. Russell and Keyton of the 70th:
A bill to provide that the members of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling expenses incurred when on county business; and for other purposes.
HB 961. By Mr. Conner of the 56th:
A bill to amend an Act creating a Board of Commissioners of Jeff Davis County, so as to change the compensation of the chairman and commissioners; and for other purposes.
HB 962. By Mr. Conner of the 56th:
A bill to amend an Act providing a new charter for the City of Hazelhurst, so as to change the compensation of the mayor and members of the board of commissioners; and for other purposes.
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JOURNAL OF THE SENATE,
HB 963. Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of said city; and for other purposes.
HB 965. By Messrs. Peterson and Nunn of the 41st: A bill to amend an Act incorporating the City of Warner Robins, so as to extend the corporate limits of said city; and for other purposes.
HB 966. By Mr. Shanahan of the 8th: A bill to amend an Act providing a new charter for the City of Calhoun, so as to redefine the corporate limits of said city; and for other pur poses.
HB 967. By Messrs. Peterson and Nunn of the 41st: A bill to amend an Act incorporating the City of Warner Robins, so as to provide the procedures whereby the compensation of the mayor and councihnen may be changed by the mayor and council; and for other purposes.
HB 968. By Messrs. Farmer and Matthews of the 16th: A bill to amend an Act creating the Clarke County School district and providing for a board of Education therefor, so as to provide for the creation of a new board of education of Clarke County; and for other purposes.
HB 969. By Messrs. Evans, Keen, Scarborough of the 81st and others:
A bill to amend an Act creating a new charter for the City of Macon, so as to extend the corporate limits of said city; and for other purposes.
HR 270. By Mr, Brantley of the 114th:
A resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia; and for other purposes.
HB 768. By Messrs. Scarlett and Harris of the 67th:
A bill to amend the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also> mean "county"; and for other purposes.
THURSDAY, MARCH 20, 1969
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HB 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st and others:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; and for other purposes.
HB 532. By Mr. Floyd of the 7th:
A bill to amend an Act providing appropriations for the fiscal years 1967-68, generally known as the General Appropriations Act, so as to change the language relative to the appropriation to the Department of Industry and Trade for matching local funds for Welcome Centers established at places other than at the highway entrance to the State; and for other purposes.
HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st and Bowen of the 47th:
A bill to amend Code Section 114-112, relating to the liability of princi pal, intermediate, or sub-contractors, so as to provide the extent of liability of the principal, intermediate and sub-contractors; and for other purposes.
HB 852. By Messrs. Rowland of the 42nd and Paris of the 14th:
A bill to amend Code Section 114-706, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, so as to provide for the taking of testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or to procure evidence for admission at a hearing even though such person may be available to testify in person at the hearing; and for other purposes.
HR 310. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st: A resolution authorizing the conveyance of land by Dougherty County; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:
1506 Mr. President:
JOURNAL OF THE SENATE,
Your Committee on Rules has had under consideration the following resolu tions of the Senate and House and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
SR 119. Do pass as amended. SR 128. Do pass as amended. SR 133. Do pass. HR 249. Do pass.
Respectfully submitted, Smith of 18th District, Vice Chairman.
Scripture reading and prayer were offered by the Reverend Jerry Keese, Assistant Pastor, First Baptist Church, College Park, Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following local, uncontested bills, favorably reported by the committee, were read the third time, and put upon their passage:
HB 160. By Mr. Miller of the 83rd:
A bill to amend an Act reenacting the charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 160 as follows:
By adding at the end of Article I of quoted Section 70A, which Section is quoted in Section 1 of said bill, a new subsection to be num bered subsection (16) and to read as follows:
"(16) 'Prior System' shall mean the Retirement System for police and fire department employees in effect prior to the enact ment of the System.'
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By striking in its entirety subsection (1) of Article II of said Section 70A and substituting in lieu thereof the following:
"(1) Eligibility. Each employee who is in the employ of the City on the effective date, may elect to become a member of the System as of the effective date. Such election must be made prior to July 1, 1969. Employees who elect not to become members of the System will become Prior System members and will be entitled to benefits as defined by the Prior System and will continue to make contributions as required by that System."
By striking the first sentence of subsection (2) of Article II of said Section 70A and substituting in lieu thereof the following sentence:
"(2) Membership. Each employee who becomes a member or a Prior System member on the effective date of this System, and each new member after the effective date, shall make application for membership in the System."
By deleting from subsection (2) of Article III of said Section 70A the following:
"; Provided, however, that such period or periods shall not extend past the 60th birthday of the employee."
By renumbering subsection (3) of Article III of said Section 70A as subsection (4), and by inserting following subsection (2) of said Article a new subsection (3) to read as follows:
"(3) Early Retirement Date. An employee may retire from the employment of the City on the first day of any month prior to his Normal Retirement Date, provided the employee has com pleted twenty-five years of service. Such date of retirement shall be the early retirement date of the employee."
And, by renumbering subsection (3) of Article IV of said Section 70A as subsection (4), and by inserting following subsection (2) of said Article a new subsection (3) to read as follows:
"(3) Early Retirement Benefit. An employee, upon retirement on his early retirement date shall receive an immediate monthly retirement benefit which shall commence on the employee's early retirement date and shall be continued on the first day of each month thereafter during the lifetime of the employee. The amount of such monthly retirement benefit shall be computed in the same manner as for his normal retirement benefit, based on average compensation as of his early retirement date, except that such amount shall be reduced by five twenty-fourths of one per cent (5/24%) for each month by which the early retirement date pre cedes the normal retirement date."
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On the adoption of the amendment, the ayes were 49, 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 323. By Messrs. Lane of the 101st, Horton, Hawes, Cook and Gates of the 95th and Longino of the 98th: A bill to amend an Act establishing a new charter for the City of College Park, so as to remove the provisions prohibiting the sale of spirituous and intoxicating liquors; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 517. By Messrs. Cole and Leonard of the 3rd:
A bill to authorize the creation of water, sewerage, garbage, electricity, gas or fire protection districts within Whitfield County by the govern ing authority 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 537. By Messrs. Lane of the 101st, Horton, Felton, Gates and Hawes of the 95th:
A bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, relating to 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 49, nays 0.
The bill, having received thhe requisite constitutional majority, was passed.
HB 489. By Mr. Harris of the 77th:
A bill to provide that in all counties of this State having a population of more than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the interest to make cer tain purchases upon authorization of a judge of the superior court; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 489 by striking from the title the following:
"and use the interest to make certain purchases upon au thorization of a judge of the Superior Court",
and inserting in lieu thereof the following:
"and deposit the interest to the treasury of the county",
And by striking from Section 1 the following:
"and to use the interest accumulated as a result of said de posits for the purchase of non-recurring items and equipment upon authorization of a judge of the Superior Court in any such county",
and inserting in lieu thereof the following:
"and to deposit in the county treasury the interest accumulated as a result of said deposits."
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JOURNAL OF THE SENATE,
On the adoption of the amendment, the ayes were 49, 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 502. By Messrs. Atherton, Wilson, Kreeger, McDaniell, Henderson, Housley and Burruss of the 117th:
A bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits of said city; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 502 by striking from the first sentence of quoted Section 3N, which Section is quoted in Section 2 of said bill, the following words:
"the corporate limits of the City of Austell shall include the following tract"
and substituting in lieu thereof the following:
"the corporate limits of the City of Austell shall include the following tracts".
And, by adding at the end of said quoted Section 3N the following:
"All that tract or parcel of land lying and being in Land Lot Nos. 138 and 139 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGIN NING at a point where the south side of Franklin Street is inter sected by the center line of Bowden Street and running thence west along the south side of Franklin Street for a distance of 660 feet, more or less; running thence south 0 degrees 23 minutes west for a distance of 781.6 feet to a point located on the north side of Line Street; running thence north 88 degrees 33 minutes west for a distance of 242.86 feet to a point; running thence north 0 degrees 23
THURSDAY, MARCH 20, 1969
1511
minutes east for a distance of 110 feet to a point; running thence north 89 degrees 04 minutes west for a distance of 438.07 feet to a point; running thence south 89 degrees 27 minutes west for a distance of 175 feet to a point; running thence south 0 degrees 45 minutes east for a distance of 150 feet to a point located on the south line of said Land Lot No. 138; running thence south 89 degrees 27 minutes west for a distance of 369.24 feet to a point; running thence north 1 degree 17 minutes west for a distance of 387.07 feet to a point and corner; running thence north 44 degrees 04 minutes west for a distance of 669.17 feet to a point located on the southerly side of the right-of-way of the Southern Railroad; running thence north for a distance of 200 feet to the northerly side of the right-of-way of the Southern Railroad; running, thence easterly and northeasterly following the curvature of the north erly side of the right-of-way of the Southern Railroad for a distance of 1754.82 feet, more or less, to a point; running thence south for a distance of 200 feet to a point located on the south side of the right-of-way of the Southern Railroad; running thence south 0 degrees 23 minutes west for a distance of 385.56 feet to a point located on the north side of Franklin Street; running thence east along the north side of the right-of-way of Franklin Street for a distance of 660 feet more or less, to the center of Bowden Street; running thence south along the center of Bowden Street to the point of beginning."
On the adoption of the amendment, the ayes were 49, 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 705. By Messrs. Pinkston, Evans, Keen, Scarborough and Knapp of the 81st, Miller of the 83rd and Dodson of the 82nd: A bill to provide for a Board of Election in Bibb County, Georgia; 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 775. By Messrs. Gignilliat of the 89th and Gaynor of the 88th: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 780. By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd and others: A bill to require the boards of education in certain counties of this State to publish a summary of all receipts and expenditures of said boards on a quarterly basis; 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 800. By Messrs. Funk of the 92nd, Gaynor of the 88th, Hill of the 94th, Ellis of the 91st and Gignilliat of the 89th:
A bill to provide for the manner of appointment of members of the Board of the Chatham County Hospital Authority; and for other pur poses.
THURSDAY, MARCH 20, 1969
1513
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 806. By Messrs. Lane of the 101st, Hill of the 97th, Felton and Horton of the 95th, Longino of the 98th and Adams of the 100th: A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the duties of the Local Advisory Board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 810. By Messrs. Pmkston, Knapp, Keen and Evans of the 81st, Miller of the 83rd and Dodson of the 82nd:
'"''
A bill to amend an Act establishing a board of commissioners of Bibb
County, so as to provide that the commissioners of Bibb County shall
fix their own 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 788. By Messrs. Cato and Conger of the 68th: A bill creating and establishing a Small Claims Court for Seminole
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JOURNAL OF THE SENATE,
County, Georgia; to provide for an effective date; to provide for a referendum; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 788 by striking in its entirety Section 26, and by renumbering Sections 27, 28 and 29 as Sections 26, 27 and 28, respec tively.
On the adoption of the amendment, the ayes were 49, 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 811. By Mr. Collins of the 62nd:
A bill to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell", so as to change the compensation to be paid the Commissioner of Roads and Revenues for Mitchell County; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 811 by striking from Section 1 the following:
"not less than fifty dollars and not more than two hundred dollars",
wherever the same shall appear and inserting in lieu thereof the following:
"not less than fifty dollars and not more than one hundred fifty dollars".
And by striking from Section 1 the following:
THURSDAY, MARCH 20, 1969
1515
"not less than fifty dollars and not more than two hundred and fifty dollars",
wherever the same shall appear, and inserting in lieu thereof the fol lowing:
"not less than fifty dollars and not more than one hundred seventy-five dollars",
so that when so amended Section 1 shall read as follows:
"Section 1. That from and after the passage and approval of this Act, an Act of the General Assembly of Georgia, approved February 20, 1873, providing for a County Board of Commissioners for the County of Mitchell and defining the powers and duties thereof, and all acts amendatory thereof, be and said original act of 1873, as aforesaid, and all amendatory acts thereof, are hereby amended by striking from Section 1 of the amendatory Act of 1958, approved February 14, 1958, (Ga. L. 1958, pp. 2040 et seq.) the words 'one hundred dollars' in line seventeen thereof, and inserting in lieu thereof, 'not less than fifty dollars and not more than one hundred fifty dollars,' and by striking the words 'one hundred twenty-five dollars' in line twenty thereof, and inserting in lieu thereof the words, 'not less than fifty dollars and not more than one hundred seventy-five dollars,' so that said original act, and amendatory acts, relating to compensation of members and chairman of Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, as finally amended, will read as follows: 'Each Commissioner of Roads and Revenues of said County of Mitchell as provided for in this Act shall receive for his services the sum of not less than fifty dollars and not more than one hundred fifty dollars per month; provided, that the chairman so elected by the Board of Commissioners of Roads and Revenues of said county shall receive the sum of not less than fifty dollars and not more than one hundred seventy-five dollars per month; and sums to be paid out of the treasury of said county upon warrants duly drawn by said Board of Commissioners of said county, all other provisions of said original and amendatory acts to remain the same."
On the adoption of the amendment, the ayes were 49, 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 49, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed as amended.
HB 830. By Messrs. Cato and Conger of the 68th:
A bill to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute :
A BILL
To be entitled an Act to provide for holding four terms a year of the Superior Court of Decatur County, Georgia; to prescribe the terms and time for convening and holding said terms; to prescribe how and when grand juries shall be required to attend said Court; to designate and name said terms of Court; 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. That on and after the effective date of this Act, the Superior Court of Decatur County, Georgia, in the South Georgia Judicial Circuit, shall have four (4) regular terms of Court in each year, convening on the first Monday in February, the first Monday in May, the first Monday in August, and the first Monday in November, provided there shall be no adjournment of either of said four (4) terms until so ordered by the presiding judge or by operation of law, and provided further that nothing herein shall be construed to preclude the holding of adjourned, or special, terms of Court as provided by statute.
Section 2. All of said terms of said Court are hereby designated as trial terms, and any issue, cause or proceeding of which the Superior Court of Decatur County has jurisdiction may legally be heard, tried and determined at any of the said four (4) terms of Court as provided by law.
Section 3. The presiding judge of said Court shall draw grand juries for the May and November terms of said Court and in his discretion he may draw grand juries for either, or both, of the February and August terms of said Court, either in term time or vacation.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
THURSDAY, MARCH 20, 1969
1517
On the adoption of the substitute, the ayes were 49, 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 857. By Mr. Lewis of the 37th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Burke (now the Board of Commis sioners), so as to change the compensation of said Board of 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 870. By Messrs. Northcutt, Lee and Gary of the 21st:
A bill to amend an Act creating and incorporating the City of Mountain View; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 874. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th: A bill to amend an Act entitled "An Act to further define the duties
1518
JOURNAL OP THE SENATE,
of the reporter or stenographic reporter for the Oconee1 Judicial Circuit, to provide for additional compensation for him and for other purposes", so as to change the compensation of the court reporter of the Oconee 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 890. By Mr. Harris of the 10th: A bill to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide for personnel to assist certain county officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 891. By Mr. Harris of the 10th: A bill to amend an Act creating the office of commissioner of Bartow County, so as to provide for clerical help for 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 49, nays 0. The bill, having received the requisite constitutional majority, was passed.
THURSDAY, MARCH 20, 1969
1519
HB 892. By Mr. Harris of the 10th:
A bill to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, so as to provide for certain personnel to assist 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 901. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A bill to amend an Act creating the City Court of Albany, so as to reduce the number of judges pro hac vice; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 903. By Messrs. Rainey and Bowen of the 47th:
A bill to provide for the membership of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November, 1968 general election and found in Georgia Laws 1968, p. 1715; to provide for the election of a 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 923. By Mr. Dailey of the 53rd:
A bill to amend an Act creating a new charter for the City of Edison, so as to change the terms of office of mayor and councilmen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution, favorably reported by the committee, was read:
SR 133. By Senators Maclntyre of the 40th and Smalley of the 28th: A resolution amending Senate Rule 126; and for other purposes.
Senator Maclntyre of the 40th offered the following amendment:
Amend SR 133 by inserting after the word "time" and before the word "when" the following:
"during the last 5 days of any session".
On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
THURSDAY, MARCH 20, 1969
1521
SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of account ants, so as to provide that the members thereof may succeed themselves j to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill,, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Vann of the 10th moved that SB 281 be immediately transmitted to the House.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
Senator Maclntyre of the 40th asked unanimous consent that the Senate suspend the rules to read a Senate bill.
The consent was granted.
The following bill was introduced, read the first time, and referred to com mittee:
SB 288. By Senator Maclntyre of the 40th:
A bill to amend an Act known as the "Revenue Tax Act to legalize and control alcoholic beverages and liquors", so as to provide that in municipalities having a population of more than 400,000 according to the last Federal Dicennial Census or any future such census, licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibi tions of said sections; to repeal conflicting laws; and for other purposes.
Referred to Committee on Temperance.
Senator Maclntyre of the 40th moved that SB 288 be engrossed.
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JOURNAL OF THE SENATE,
On the motion to engross, the ayes were 30, nays 0, and the motion pre vailed.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 90. By Messrs. Hale of the 1st and Harris of the 77th:
A bill to amend an Act providing for a tax on certain deeds, instru ments, or other writings transferring real estate, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
Senator Webb of the llth moved that the Senate recede from its amend ment to HB 90.
On the motion, the ayes were 30, 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:
SR 129. By Senators Young of the 13th, Rowan of the 8th, Eldridge of the 7th and others:
A resolution urging the U. S. Department of Defense and the National Aeronautics and Space Administration (NASA) to compensate Mr. Oliver C. Forehand; 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 119. By Senator Gillis of the 20th:
A resolution creating the Junked Motor Vehicles Study Committee; and for other purposes.
THURSDAY, MARCH 20, 1969
1523
The Committee on Rules offered the following amendment:
Amend SR 119 by striking the following:
"The members shall receive the allowances authorized for legislative members of legislative interim committees but shall receive the same for not more than 15 days."
and inserting in lieu thereof the following:
"The members shall receive allowances authorized for legisla tive members of legislative interim committees but shall receive the same for not more than ten (10) days."
On the adoption of the amendment, the ayes were 31, nays 1, and theamendment 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 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
SR 95. By Senators Hensley of the 33rd and Holloway of the 12th:
A resolution relative to the tax exemption on municipal bonds; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 279. By Senator Coggin of the 35th: A bill to amend an Act known as the "Georgia Securities Act",
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JOURNAL OF THE SENATE,
approved Feb. 26, 1957 (Ga. L. 1957, p. 134-163), as amended, so a*as to provide for an exemption from the registration requirements of said
Act for transactions involving the issuance of certain security; and
for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 128. By Senator Coggin of the 35th:
A resolution creating the Metropolitan Atlanta Airport System Study Committee; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SR 128 by striking the following:
"The Committee shall receive the allowances authorized for legislative members of interim legislative committees.",
and inserting in lieu thereof the following:
"The Committee shall receive the allowances authorized for legislative members of interim legislative committee, but the mem bers shall not receive the same for more than ten (10) days."
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 adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
THURSDAY, MARCH 20, 1969
1525
HB 174. By Mr. Barber of the 15th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the Board is authorized to make certain postretirement benefit changes; and for other purposes.
The report of the 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 453. By Mr. Ware of the 30th:
A bill to provide for the licensing and regulation of the business of insurance premium financing; and for other purposes.
Senator Maclntyre of the 40th moved that HB 453 be postponed to Friday, March 21st at 11:00 o'clock.
On the motion, the ayes were 31, nays 0, and the motion prevailed.
HB 907. By Messrs. Blalock, Potts and Ware of the 30th: A bill to amend Code Chapter 24-8, relating to constables, so as to provide that constables shall not have power of arrest for offenses arising from violations of traffic laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 217. By Senator Johnson of the 38th: A bill to amend Chap. 68 (Motor Vehicles) of the Code of Georgia of 1933 so as to require the payment of a fee of $1.00 for the transfer of licenses and tags of motor vehicles from one person to another, and to authorize county tax agents making said transfers to retain 50tf of
1526
JOURNAL OF THE SENATE,
each fee of $1.00 collected; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the Mil, 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 218. By Senator Johnson of the 38th: A bill to amend an Act entitled "Motor Vehicle Certificate of Title Act" approved March 3, 1961, so as to authorize county tag agents to retain a fee of 50<J for each application handled in all counties of the State of Georgia; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following communication from His Excellency, Governor Lester Maddox, was read by the secretary:
March 20, 1969
Honorable George T. Smith Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334
Gentlemen:
I submit herewith to your Honorable Body for confirmation the following appointments:
THURSDAY, MARCH 20, 1969
1527
Honorable James L. Gillis, Jr. of Treutlen County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Dwayne Gilbert of Spalding County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable J. Carroll Larmore of Pulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Reverend William Holmes Borders of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Branson Dalton of Banks County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Richard Ray of Houston County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable W. M. Moss of Polk County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Gover-
Honorable Harry E. Schmid of DeKalb County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Ray Pope of Ware County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term begin ning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Emmett Bondurant of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor,
Honorable Robert E. Garren of DeKalb County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
1528 ;
JOURNAL OF THE SENATE,
Honorable John S. Langford of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Robert E. Groom of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Norman M. Shipley of Cobb County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Charles Watt of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable Neil B. Satterfield of Chatham County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor.
Honorable J. Bowie Gray of Tift County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure' of the Governor.
Honorable Garland M. Dickey of Floyd County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Billy Henderson of Bibb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Elmer Morrow of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Stephen J. Schmidt of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable H. Mitchell Gibson of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Robert Bowen of Clarke County as a member of the
THURSDAY, MARCH 20, 1969
1529
Governor's Council on Physical Fitness for a term beginning March. 20, 1969, and serving at the pleasure of the Governor.
Honorable Sam Burke of Upson County as a member of the Gover nor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Pat Fields of Dougherty County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Miss Lillie L. Suder of Clayton County as a member of the Gover nor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Hoyt Smith of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Jack Short of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Jack Isenberg of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Kermit Perry of Coweta County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable James O. Gates of Cobb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Ed Whitsett of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Mrs. Frances Bryan of DeKalb County as a member of the Gover nor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable R. H. Hudson of Fulton County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Arnold Almand of DeKalb County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Howard Jordan of Chatham County as a member of the
1530
JOURNAL OF THE SENATE,
State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Carol W. Coons of Chatham County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable A. T. Mauldin of Franklin County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Thomas H. Quigley of Fulton County as a member of the State Advisory Council on Vocational Education for a term begin ning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Dan W. Bramlett of Crisp County as a member of the State Advisory Council on Vocational Education for a term beginning' March 20, 1969, and serving at the pleasure of the Governor.
Honorable Charles Pope McDaniel of Thomas County as a member of State Advisory Council on Vocational Education for a term be ginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable L. Cohan Walker of Houston County as a member of the State Advisory Council on Vocational Education for a term begin ning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Howard L. Weeks of DeKalb County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable J. Y. Moreland of Fulton County as a member of the State Advisory Council on Vocational Education for a term beginning' March 20, 1969, and serving at the pleasure of the Governor.
Honorable Kenneth B. Matheny of DeKalb County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable John T. Phillips, Jr. of Dougherty County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable W. Clyde Greenway of DeKalb County as a member of the State Advisory Council on Vocational Education for a term begin ning March 20, 1969, and serving at the pleasure of the Governor.
Mrs. Helen Jenkins of DeKalb County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable Thomas M. Parham, Jr. of DeKalb County as a member
THURSDAY, MARCH 20, 1969
1531
of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor.
Honorable James Spurlin of Ployd County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1972.
Mrs. Hilda Johnston of Fulton County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1971.
Mrs. Mary Lou Marshall of Coweta County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1972.
Honorable C. O. Templeton of Lowndes County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1970.
Honorable Colan Taylor of Candler County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1971.
Honorable Gerald Bishop of Sumter County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1972.
Respectfully submitted, Lester Maddox Governor
The following communication from His Excellency, Governor Lester Maddox, was received and read by the secretary:
March 28, 1969
Honorable George T. Smith Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia
Gentlemen:
In my communication to you dated March 12, 1969, submitting certain appointments for confirmation, the following appears on page 20 thereof:
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JOURNAL OP THE SENATE,
"Honorable Robert W. Harrison, Jr. of Glynn County as a member of the Commission on State Boundaries for a term begin ning January 16, 1969, and serving at the pleasure of the Gover nor."
It has been learned that Honorable Robert W. Harrison, Jr. is a resident of Camden County, Georgia, instead of Glynn County, Georgia.
It is respectfully requested that said communication be amended by striking the above-quoted portion thereof and inserting in lieu thereof the following:
"Honorable Robert W. Harrison, Jr. of Camden County as a member of the Commission on State Boundaries for a term begin ning January 16, 1969, and serving at the pleasure of the Governor."
Respectfully submitted, Lester Maddox Governor
The following general bill, favorably reported by the committee, was read the third time and put upon its passage:
SB 212. By Senator Rowan of the 8th:
A bill to provide that it shall be unlawful for any person, firm or cor poration to set up, promote or engage in any plan by which goods or anything of value is sold for a consideration, and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by making a similar purchase and agreeing to secure one or more persons likewise to join the said plan; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to set up, promote or engage in any plan by which goods or anything of value is sold for a consideration, and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by making a similar purchase and agreeing to secure one or more persons likewise to join the said plan; to provide for issuing an injunction; to provide for a penalty; to repeal a specific law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
THURSDAY, MARCH 20, 1969
1533
Section 1. Every person, firm or corporation who sets up, pro motes or engages in any plan by which goods or anything of value is sold to a person, firm or corporation for a consideration and upon the further consideration that the purchaser agrees to secure one (1) or more persons to participate in the plan by respectively making a similar purchase or purchases and in turn agreeing to secure one (1) or more persons likewise to join said plan, each purchaser being given the right to secure money, credits, goods or something of value, de pending upon the number of persons joining in the plan, shall be held to
have set up and promoted a lottery and shall be punished as provided in Section 3 of this Act.
Section 2. The Superior Court of the county in which any such plan is proposed operated or promoted may issue an injunction without bond, upon petition filed by the Attorney General, the District Attorney of the county in which such plan is proposed, operated or promoted, or other interested individual, to enjoin the further operation of any such plan.
Section 3. Any person, firm or corporation violating the provisions of this Act shall upon conviction thereof be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00), or by imprisonment for a term not exceeding two (2) years in the State penitentiary, or by both such fine and imprison
ment.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 34, nays 0, and the 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 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 insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
1534
JOURNAL OF THE SENATE,
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st Wamble of the 69th and others:
A bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Rainey of the 47th, Dickinson of the 118th, and Reaves of the 71st.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 375. By Messrs. Rainey of the 47th and Dickinson of the 118th:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the hunting of deer from scaffolds or tree stands; and for other purposes.
HB 844. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act entitled "An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, etc.", approved February 28, 1969 (Act No. 57), so as to delete the appropriation relating to hog cholera indemnities; to provide an appropriation for livestock indemnities; and for other purposes.
HB 953. By Mr. Barber of the 15th:
A bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to authorize the Commission to use and administer any interest in property for the purpose of establishing any form of student aid program; and for other purposes.
HB 954. By Mr. Barber of the 15th:
A bill to amend an Act creating the Georgia Higher Education Assist ance Corporation, so as to authorize the Corporation to enter into con tracts for the purpose of rendering any type of assistance or any serv ice that may be deemed necessary or desirable to promote the student loan program throughout the State; and for other purposes.
THURSDAY, MARCH 20, 1969
1535
The House has disagreed to the Senate amendment to the following bills of the House, to-wit:
HB 534. By Mr. Brantley of the 52nd:
A bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.
HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Con stitution as amended in 1968; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and Williams of the llth:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the pur pose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
HB 971. By Messrs. Lane, Nessmith and Parker of the 44th, Brantley of the 52nd, Rush of the 51st, Whaley of the 93rd, Gignilliat of the 89th and others:
A bill to create the Groveland Lake Development Authority; and for other purposes.
HR 72. By Mr. Lowrey of the 9th: A resolution compensating Mr. Paul Cochran; and for other purposes.
HR 258. By Mr. Black of the 45th:
A resolution creating the Chattahoochee Judicial Circuit Study Com mittee; and for other purposes.
HR 273. By Messrs. Smith of the 3rd, Brown of the 32nd and Lowrey of the 9th:
A resolution creating an interim Study Committee to study the possible need for legislation requiring the licensing of clinical laboratories, tissue
1536
JOURNAL OF THE SENATE,
banks, blood banks, laboratory schools and clinical laboratory per sonnel; and for other purposes.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 436. By Mr. Vaughn of the 74th:
A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Au thority heretofore created by an Act approved Feb. 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated munici pality rights-of-way and other property; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Vaughn of the 74th, Levitas of the 77th, and McDaniell of the 36th.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 507. By Mr. Matthews of the 63rd:
A bill to be known as the "Georgia Equine Act"; 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.
HR 271. By Mr. Lambert of the 25th:
A resolution authorizing the conveyance of certain real property in Greene County, Georgia, to Greene County; and for other purposes.
THURSDAY, MARCH 20, 1969
1537
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 250. By Mrs. Merritt of the 46th:
A resolution authorizing and directing the State Highway Department to name U. S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; 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 272. By Messrs. Smith, Cole and Leonard of the 3rd:
A resolution abandoning certain property in Whitfield County for park purposes; 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 266. By Messrs. Shanahan of the 8th and Ross of the 26th: A resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.
1538
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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 562. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Chapter 34-15, relating to the returns of pri maries and elections, so as to provide for the procedures connected with the returns of primaries and 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 35, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to reorganize said Chapter into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend HB 563 by deleting the period at the end of Section 26 and adding the following:
"and add in subsection (a) of renumbered Code Section 34-1326, after 'posted for the information of the public outside the polling place,' the following words, 'one shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State in the case of elections, or the state party in the case of a primary,',
THURSDAY, MARCH 20, 1969
1539
so that when so amended subsection (a) of Code Section 34-1326 shall read as follows:
"(a) Immediately after the vote has been counted in districts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of such returns shall be im mediately posted for the information of the public outside the poll ing place, one shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State in the case of elec tions, or the state party in the case of primary, and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officers shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and cancelled, together with the voter's certificates, one set of tally papers, one general return sheet, one numbered list of voters, sealed as aforesaid, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it be opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent, and the superintendent shall not compute any returns from any elec tion district until the ballot boxes therefore, as well as the pack age of unused ballots and other election supplies therefrom are
so delivered."
By deleting the period at the end of Section 29 and adding the following:
"And add in subsection (a) of renumbered Code Section 34-1333, after, 'posted on the door of the polling place with such state ment;' the following words ,'one shall be returned with a district return sheet sealed in an envelope prepared for the Secretary of State in the case of elections, or the state party in the case of a
so that when so amended subsection (a) of Code Section 34-1333 shall read as follows:
"(a) The general return sheets, duplicate return sheets, and statement, shall be printed to conform with the type of voting machine used, and in form approved by the Secretary of State. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate's name. Immediately after the vote has been ascertained, the statement thereof shall be posted on the door of the polling place. Duplicate return sheets, voter's certificates, numbered list of voters, oaths of poll officers, and affidavits of voters and others, shall be sealed up and given to the chief manager, who shall deliver them, together with the general return sheet and the package of ballots deposited, written or affixed in or upon the voting machine, to the super intendent. If the type of voting machine is equipped with mechan-
1540
JOURNAL OP THE SENATE,
ism for printing paper proof sheets, one of such proof sheets shall be posted on the door of the polling place with such statement; one shall be returned with a district return sheet sealed in an envelope prepared for the Secretary of State in the case of elec tions, or the state party in the case of a primary; one shall be placed in the envelope and delivered with the general return sheet; and one shall be sealed in the envelope with the duplicate return sheets and delivered by the chief manager to the superintendent. The printed proof sheet returned with the general return sheet, and the printed proof sheet returned with the duplicate return sheet, shall each be part of the return of the primary or election."
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 1.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 255. By Messrs. Lowrey, Toles and Graves of the 9th:
A resolution providing for and authorizing the conveyance of certain State property located in Floyd County, Georgia; and for other pur poses.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 527. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for indi-
THURSDAY, MARCH 20, 1969
1541
viduals the following: "Have you filed an intangible tax return for this year? If not, why not?"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills were read the first time and referred to committees:
HB 375. By Messrs. Rainey of the 47th and Dickinson 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 authorize the hunting of deer from scaffolds or tree stands; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 844. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the
44th:
.
A bill to amend an Act entitled "An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, etc.," approved February 28, 1969 (Act No. 57), so as to delete the appropriation relating to hog cholera indemnities; to provide an appropriation for livestock indemnities; and for other purposes.
Referred to Committee on Appropriations.
HB 953. By Mr. Barber of the 15th: A bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to authorize the Commission to use and administer any interest in property for the purpose of establishing any form of student aid program; and for other purposes.
Referred to Committee on University System of Georgia.
HB 954. By Mr. Barber of the 15th: A bill to amend an Act creating the Georgia Higher Education As sistance Corporation, so as to authorize the Corporation to enter into contracts for the purpose of rendering any type of assistance or any
1542
JOURNAL OF THE SENATE,
service that may be deemed necessary or desirable to promote the stu dent loan program throughout the State; and for other purposes.
Referred to Committee on University System of Georgia.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 436. By Mr. Vaughn of the 74th:
A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Author ity heretofore created by an Act approved February 8, 1955, so as to define or redefine certain words and terms used in the Act; to autho rize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
Senator Smalley of the 28th moved that the Senate adhere to its amend ment, and that a Conference Committee be appointed.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
The president appointed as a Conference Committee on the part of the Sen ate the following:
Senators Walling of the 42nd, Smalley of the 28th and Hensley of the 33rd.
Senator Holloway of the 12th asked unanimous consent that the Senate sus pend the rules to read a Senate resolution.
The consent was granted.
The following resolution was introduced, read the first time, and referred to committee:
SR 138. By Senators Holloway of the 12th, McGill of the 24th, Smith of the 34th and others: A resolution creating the Coastal Marshlands Study Committee; and for other purposes.
Referred to Committee on Rules.
THURSDAY, MARCH 20, 1969
1543
The following bill and resolutions were read the first time and referred to committees:
HB 971. By Messrs. Lane, Nessmith and Parker of the 44th, Brantley of the 52nd, Rush of the 51st and others:
A bill to create the Groveland Lake Development Authority; and for other purposes.
Referred to Committee on Industry and Labor.
HR 72. By Mr. Lowrey of the 9th: A resolution compensating Mr. Paul Cochran; and for other purposes.
Referred to Committee on Appropriations.
HR 258. By Mr. Black of the 45th:
A resolution creating the Chattahoochee Judicial Circuit Study Com mittee; and for other purposes.
Referred to Committee on Rules.
HR 273. By Messrs. Smith of the 3rd, Brown of the 32nd and Lowrey of the 9th:
A resolution creating an interim Study Committee to study the possible need for legislation requiring the licensing of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and for other purposes.
Referred to Committee on Health and Welfare.
The following general resolutions, favorably reported by the committees, were read the third time, and put upon their passage:
HR 285. By Messrs. Hale of the 1st, Harris of the 77th and Johnson of the 29th: A resolution requesting the State Revenue Commissioner to undertake a program of assistance for cities and counties with respect to the ad valorem taxation of mobile homes.
Senator Spinks of the 9th offered the following amendment:
Amend HR 285 by striking in the title the period and inserting in lieu thereof a semicolon, and inserting after said semicolon the fol lowing:
1544 ;
JOURNAL OF THE SENATE,
"to authorize the governing authority of each county and municipality to require a permit to a mobile home or relocated home intended to be used as a residence being located within such county or municipality; and for other purposes."
And, by adding at the end thereof the following:
"BE IT FURTHER RESOLVED that the governing authority of each county and municipality in this State is authorized and empowered to provide by appropriate ordinances or resolutions for the procedures whereby the owner of a mobile home or a relocatable home shall be required to obtain from such governing authority a permit authorizing the location within the respective confines of any such county or municipality a mobile home or relocatable home intended to be used by the owner thereof as a residence. Such gov erning authorities are also empowered to require from the owner of a mobile home or relocatable home used as a residence a permit authorizing the relocation of such mobile home or relocatable home within the county or municipality or beyond the confines of such municipality or county prior to such vehicle being permitted to be so relocated. Each permit shall be issued by such governing authority upon request by the owner if all applicable taxes have been paid.
"BE IT FURTHER RESOLVED that it is the intent of this Resolution to assist governing authorities in accurately preparing and checking the returns of mobile or relocatable homes, for tax purposes, and this Resolution shall in no way modify or affect existing zoning ordinances or laws. Such governing authorities are also authorized and empowered to provide appropriate penalties for the failure of any person to comply with the ordinances or resolutions adopted pursuant to the authority of this Resolution.
"BE IT FURTHER RESOLVED that such governing authori ties are also empowered to require that the owners of mobile homes or relocatable homes used as residences which are presently located within their respective jurisdictions must register such mo bile homes or relocatable homes with such governing authorities and obtain a registration certificate.
"BE IT FURTHER RESOLVED that such governing authori ties are empowered to exercise such additional powers and duties as are necessary to effectuate the purposes of this Resolution."
On the adoption of the amendment, the ayes were 37, nays 1, 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 39, nays 1.
THURSDAY, MARCH 20, 1969
1545
The resolution, having received the requisite constitutional majority, was adopted as amended.
HR 264. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee and Lee of the 61st and others:
A resolution approving the Governor's plan for communications and creating the State Communications Committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 188. By Mr. Shanahan of the 8th:
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 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 249. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Lambert of the 25th and others: A resolution creating the Joint Election Laws Study Committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 2.
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JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
HR 52. By Mr DeLong of the 80th:
A resolution compensating Bill Jones Dodge City, 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:
Abney Adams of 5th Adams of 26th
Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss
Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway
Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 61. By Mr. Bray of the 31st:
A resolution compensating Mr. Richard Floyd Perry; and for other purposes.
THURSDAY, MARCH 20, 1969
1547
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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Pincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 116. By Mr. Gunter of the 6th: A resolution compensating Mr. Tom Trotter; 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:
1548
JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis
Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder
Reynolds
Eiley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 124. By Mr. Colwell of the 5th: A resolution compensating Doris E. McGuire; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman
Broun of 46th Brown of 47th Carter Chapman Coggin
Cox Dean Doss Eldridge Fincher of 51st
Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London
THURSDAY, MARCH 20, 1969
1549
Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley
Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 247. By Mr. Paris of the 14th: A resolution compensating Mr. Paul Williams; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin
Cox Dean
Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins
Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett
1550
Reeder Reynolds Riley Rowan Scott Searcey Smalley
JOURNAL OF THE SENATE,
Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger
Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 248. By Mr. Murphy of the 19th: A resolution compensating Roger Crew; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
THURSDAY, MARCH 20, 1969
1551
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 260. By Mr. Shanahan of the 8th: A resolution compensating Mrs. Doris Cagle; 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward
Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
1552
JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
SR 94. By Senators Reeder of the 55th, Miller of the 43rd and Tysinger of the 41st:
A RESOLUTION
Proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution is hereby amended by adding at the end thereof a new article to read as follows:
"Article XVIII, Section I, Paragraph I. Selection of Official Organ of DeKalb County.
The official organ of DeKalb County, in which sheriff's notices and other legal advertisements are advertised, shall be selected in the following manner:
The county officers of DeKalb County who are charged with the responsibility of determining which newspaper shall be the offi cial organ of DeKalb County shall inform, within sixty days fol lowing the date this amendment is approved by the voters of DeKalb County, the publisher of each newspaper in the County that there will be a three year contract offered, which contract shall authorize the newspaper whose publisher is the successful bidder thereon to be the official organ of DeKalb County. The said county officers shall offer the contract to each publisher of each newspaper meeting the following standards:
(1) The newspaper shall have a weekly circulation in excess of 15,000 (as verified by a circulation audit performed by a na tionally recognized and reputable auditing firm); and
(2) Its principal place of business and legal domicile shall be within the boundaries of DeKalb County; and
(3) It shall have continuously published in DeKalb County for a period of at least two years immediately prior to the bidding date.
The publisher of each newspaper meeting the above minimum standards shall be entitled to bid on the contract being offered. Bids shall be based on the rate per line, and the bids may go below
THURSDAY, MARCH 20, 1969
1553
the rate specified by the general laws of Georgia. The publisher of the newspaper submitting the lowest bid shall be awarded the contract. The date for receiving all bids shall be set by the county officers who are charged with the responsibility of determining which newspaper shall be the official organ of DeKalb County, but the said date shall be set not less than 120 days nor more than 180 days following the date this amendment is ratified."
Section 2. The above proposed amendment to the Constitution 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 NO ( ) procedure of selecting the official organ of DeKalb 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 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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter
Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st
Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway
Hudgins Jackson Johnson Kennedy Kidd London Maclntyre
McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th
1554
Spinks Starr Stephens Trippe
JOURNAL OF THE SENATE,
Tysinger Vann Walling Ward
Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Senator Walling of the 42nd asked to be recorded as "present" but abstained from voting.
The following reports of standing committees were read by the secretary:
Senator Plunkett of the 30th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 532. Do pass. Respectfully submitted, Plunkett of 30th District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 593. Do pass as amended. HB 567. Do pass as amended.
THURSDAY, MARCH 20, 1969
1555
HB 719. Do pass as amended. HB 335. Do pass. HB 457. Do pass. HB 854. Do pass. HR 64. Do pass. HR 274. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
Senator Webb of the llth 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 recommendation:
HB 194. Do pass as amended. Respectfully submitted, Webb of llth District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 747. Do pass as amended. Respectfully submitted, Smalley of 28th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
1556 Mr. President:
JOURNAL OF THE SENATE,
Your Committee on County and Urban Affairs 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 259. Do pass as amended. SB 283. Do pass, SB 284. Do pass. SR 130. Do pass. HB 431. Do pass as amended. HB 768. Do pass. HB 856. Do pass. HB 875. Do pass. HB 881. Do pass. HB 882. Do pass. HB 883. Do pass. HB 884. Do pass. HB 899. Do pass as amended. HB 908. Do pass as amended. HB 916. Do pass. HB 918. Do pass as amended. HB 919. Do pass. HB 924. Do pass. HB 925. Do pass. HB 927. Do pass. HB 939. Do pass. HB 948. Do pass. HB 950. Do pass. HB 951. Do pass. HB 955. Do pass. HB 958. Do pass. HB 960. Do pass. HB 961. Do pass. HB 962. Do pass. HB 963. Do pass.
THUKSDAY, MARCH 20, 1969
1557
HB 965. Do pass as amended. HB 966. Do pass. HB 967. Do pass. HB 968. Do pass. HB 969. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Broun of the 46th District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under considera tion the following bills of the House and has instructed me, as Chairman, to re port the same back to the Senate with the following recommendations:
HB 168. Do pass. HB 176. Do pass.
Respectfully submitted, Broun of 46th District, Chairman.
Senator Chapman of the 32nd 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 resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 288. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
1558
JOURNAL OF THE SENATE,
Mr. President:
The House has passed by the requisite constitutional majority the following Mils and resolutions of the House, to-wit:
HB 185. By Messrs. Murphy of the 19th and Hale of the 1st:
A bill to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Depart ment of Public Safety; and for other purposes.
HB 573. By Mr. Connell of the 79th:
A bill to authorize the governing authority of each county and munici pality to require a permit prior to a mobile home intended to be used as a residence being located within such county or municipality; and for other purposes.
HE 234. By Messrs. Chandler and Harrington of the 34th:
A resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.
HR 298. By Mr. Collier of the 54th:
A resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.
The House has passed by the requisite constitutional majority the following "bills of the House and Senate, to-wit:
HB 389. By Mr. Harris of the 77th:
A bill to amend an Act creating the Civil and Criminal Court of DeKalb County, so as to provide for the procedure of said Court and salaries of the officers and certain employees of said Court; and for other purposes.
HB 893. By Mr. Collins of the 62nd:
A bill to abolish the office of county treasurer in all counties in this State having a population of not less than 19,550 and not more than 19,700; and for other purposes.
HB 992. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, so as to increase the food allowance for the prisoners confined in the county jail; and for other purposes.
THURSDAY, MARCH 20, 1969
1559
HB 994. By Mr. Colwell of the 5th:
A bill to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the compensation and method of fixing the compensation of the Sheriff; and for other purposes.
HB 995. By Messrs. Smith and Caldwell of the 39th:
A bill to amend Code Section 21-105 of the Code of Georgia of 1933, relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.
HB 996. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act establishing a city court in the county of Clarke (now known as the City Court of Athens), so as to provide for a special investigation; to provide for his qualifications; and for other purposes.
HB 997. By Mr. Ballard of the 23rd:
A bill to provide for the compensation of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
SB 97. By Senator Searcey of the 2nd:
A bill to revise, to alter, and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.
SB 258. By Senator London of the 50th:
A bill to abolish the present mode of compensating the ordinary of White County, known as the fee system; and for other purposes.
HB 862. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act approved March 16, 1966 (Ga. L. 1966, p. 523),, relating to the determination of income taxes on compensation of cer tain armed forces personnel to provide for the abatement of incometaxes of deceased members of armed forces engaged in Vietnam com bat zones; and for other purposes.
HB 863. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend Code Section 22-1313 of the Georgia Code of 1933 as amended, so as to change certain requirements in presenting and filingarticles of dissolution; and for other purposes.
1560
JOURNAL OP THE SENATE,
HB 864. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that any employer who withholds more than $100 monthly shall pay such money to State depositories desig nated by the Commissioner; and for other purposes.
The House has agreed to the Senate amendment to the following resolution of the House, to-wit:
HR 251. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th, Clarke of the 33rd and Maxwell of the 78th:
A resolution creating the Georgia Commission for the National Bicen tennial Celebration; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
HB 398. By Messrs. Potts, Mullinax, Ware and Blalock of the 30th and Murphy of the 19th:
A bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the taxation of motor fuel known as the "Motor Fuel Tax Law", so as to change the time period within which applications for refunds of the tax paid on gasoline used for agricultural purposes must be filed; and for other purposes.
HB 629. By Messrs. Jones of the 59th, Murphy of the 19th and Brown of the 32nd:
A bill to amend the "Building and Loan Act", so as to provide that the terms "shares", "accounts", "share accounts" and "savings accounts" shall be deemed to include, without limitation, "deposits", "savings deposits", "deposit accounts" and other similar terminology permitted by Federal law to Federal savings and loan associations to denote any portion of the capital of such associations; and for other purposes.
HB 838. By Mr. Rainey of the 47th:
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 change a certain definition; to change the pro visions relating to the meetings of the Commission; to change the pro visions relating to appropriations to the Commission; to authorize the Commission to accept grants and donations; and for other purposes.
HR 190. By Mr. Wamble of the 69th:
A resolution authorizing the State Parks Department and the members of the Recreational Facilities Sub-Committee of the State Institutions
THURSDAY, MARCH 20, 1969
1561
and Property Committee to investigate the feasibility of accepting a new State Park site known as the Tired Creek project located in Grady County; and for other purposes.
HB 590. By Mr. Alexander of the 108th:
A bill to amend an Act establishing Juvenile Courts, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; and for other purposes.
HB 684. By Mr. Wamble of the 69th:
A bill to authorize the creation, with the State Division of Conserva tion, an office to administer in Georgia, any funds available to the State, its departments, agencies, boards, bureaus, and its political sub divisions pursuant to the United States "Land and Water Conservation Fund Act of 1965"; and for other purposes.
The House has agreed to the Senate amendment to the following bills of the House, to-wit:
HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd:
A bill to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish and effectuate employ ment benefits and retirement plans, and to authorize the funding of same in whole or in part; and for other purposes.
HB 690. By Mr. Grahl of the 40th:
A bill to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB. 822. By Mr. Pafford of the 64th:
A bill to create the City of Pearson Industrial Authority; to provide the purpose, duties, control, organization and powers of said authority; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes
1562
JOURNAL OP THE SENATE,
upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and Lambert of the 25th and others:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to pro vide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other pur poses.
The following bills and resolutions were read the first time and referred to committees:
HB 185. By Messrs. Murphy of the 19th and Hale of the 1st:
A bill to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Depart ment of Public Safety; and for other purposes.
Referred to Committee on Highways.
HB 389. By Mr. Harris of the 77th:
A bill to amend an Act creating the Civil and Criminal Court of DeKalb County, so as to provide for the procedure of said Court and salaries of the officers and certain employees of said Court; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 398. By Messrs. Potts, Mullinax, Ware and Blalock of the 30th and Murphy of the 19th:
A bill to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the taxation of motor fuel known as the "Motor Fuel Tax Law", so as to change the time period within which applications for refunds of the tax paid on gasoline used for agricultural purposes must be filed; and for other purposes.
Referred to Committee on Highways.
HB 573. By Mr. Connell of the 79th:
A bill to authorize the governing authority of each county and munici pality to require a permit prior to a mobile home intended to be used
THURSDAY, MARCH 20, 1969
1563
as a residence being located within such county or municipality; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 590. By Mr. Alexander of the 108th:
A bill to amend an Act establishing Juvenile Courts, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; and for other purposes.
Referred to Committee on Judiciary.
.HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and others:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the pur pose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
Referred to Committee on Highways.
HB 629. By Messrs. Jones of the 59th, Murphy of the 19th and Brown of the 32nd:
A bill to amend the "Building and Loan Act", so as to define certain terminology permitted by Federal law to Federal savings and loan asso ciations to denote any portion of the capital of such associations; and for other purposes.
Referred to Committee on Banking and Finance.
HB 684. By Mr. Wamble of the 69th:
A bill to authorize the creation, with the State Division of Conservation, an office to administer in Georgia, any funds available to the State, its departments, agencies, boards, bureaus, and its political subdivisions pursuant to the United States "Land and Water Conservation Fund Act of 1965"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 838. By Mr. Rainey of the 47th:
A bill to amend an Act relating to the Game and Fish Commission, so as to change a certain definition; to change the provisions relating to the meetings of the Commission; to change the provisions relating to appropriations to the Commission; to authorize the Commission to accept grants and donations; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
1564
JOURNAL OF THE SENATE,
HB 862. By Messrs, Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act approved March 16, 1966 (Ga. L. 1966, p. 523), relating to the determination of income taxes on compensation of cer tain armed forces personnel to provide for the abatement of income taxes of deceased members of armed forces engaged in Vietnam combat zones; and for other purposes.
Referred to Committee on Banking and Finance.
HB 863. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44thr
A bill to amend Code Section 22-1313 of the Georgia Code of 1933, as amended, so as to change certain requirements in presenting and filing articles of dissolution; and for other purposes.
Referred to Committee on Judiciary.
HB 864. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that any employer who withholds more than $100 monthly shall pay such money to State depositories desig nated by the Commissioner; and for other purposes.
Referred to Committee on Banking and Finance.
:
HB 893. By Mr. Collins of the 62nd:
A bill to abolish the office of county treasurer in all counties in this State having a population of not less than 19,550 and not more than 19,700; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 992. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, so as to increase the food allowance for the prisoners confined in the county jail; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 994. By Mr. Colwell of the 5th:
A bill to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the compensation and method of fixing the compensation of the Sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
THURSDAY, MARCH 20, 1969
1565
HB 995. By Messrs. Smith and Caldwell of the 39th:
A bill to amend Code Section 21-105 of the Code of Georgia of 1933, relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 996. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act establishing a city court in the county of Clarke (now known as the City Court of Athens), so as to provide for a spe cial investigator; to provide for his qualifications; and for other pur poses.
Referred to Committee on County and Urban Affairs.
HB 997. By Mr. Ballard of the 23rd:
A bill to provide for the compensation of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 190. By Mr. Wamble of the 69th:
A resolution authorizing the State Parks Department and the members of the Recreational Facilities Sub-Committee of the State Institutions and Property Committee to investigate the feasibility of accepting a new State Park site known as the Tired Creek project located in Grady County; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
HR 234. By Messrs. Chandler and Harrington of the 34th:
A resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HR 298. By Mr. Collier of the 54th: A resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.
Referred to Committee on County and Urban Affairs.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
1566
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and resolutions of the Senate, and has instructed me, asChairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 142.
SB 143.
SB 144.
SB 171.
SB 263.
SB 269.
SB 270.
SB 272.
SB 281.
SR 104.
SR 117.
SR 123.
Respectfully submitted,
Eldridge of the 7th District,
Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the? Governor:
SB 79.
Respectfully submitted,
Eldridge of the 7th District,
Chairman.
Senator Abney of the 53rd 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 tomorrow morning at 9:00 o'clock.
FRIDAY, MARCH 21, 1969
1567
Senate Chamber, Atlanta, Georgia, Friday, March 21, 1969.
The Senate met pursuant to adjournment at 9:00 o'clock this morning, and was called to order by the president.
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 Riley of the 1st 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Leon Carter, and as the nurse of the day, Mrs. Betty Huddleston.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
HB 703. By Mr. Maxwell of the 78th:
A bill to provide that when it shall appear to the ordinary that the value of an estate has decreased, the ordinary shall have the authority to
1568
JOURNAL OF THE SENATE,
permit a corresponding reduction in the amount of any bond required by any fiduciary; and for other purposes.
HB 906. By Messrs. Williams, Wood and Cooper of the llth:
A bill to amend an Act creating the Claims Advisory Board, so as to pro vide that it shall be the duty of each State department and agency to file a notice of possibility of claim; and for other purposes.
HR 307. By Messrs. Chandler and Harrington of the 34th: A resolution authorizing the conveyance of a certain tract of land lo cated in Baldwin County; and for other purposes.
HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th: A bill to be known as the "Georgia Meat Inspection Act"; and for other purposes.
HB 540. By Messrs. Matthews of the 63rd, Lane of the 44th and Hudson of the 48th:
A bill to provide for a new Criminal Code, so as to provide that it shall be unlawful for any person to engage in certain demonstrations, pro tests or other activities or to refuse to leave certain buildings, other facilities or campuses when ordered to do so by certain persons; and for other purposes.
HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th and Miles of the 78th:
A bill to provide for an associate judge of the city court in all counties of this State having a population of not less than 135,000 nor more than 140,000; and for other purposes.
HB 999. By Mr. Lee of the 61st:
A bill to create the Policy and Evaluation Committee for Electronic Data Processing; and for other purposes.
HB 905. By Messrs. Lee of the 61st, Clarke of the 33rd and Pickard of the 84th:
A bill to create a State Building Administrative Board; to authorize the Board to adopt Standard Minimum Codes; to provide for local enforce ment and administration of such codes; to provide for permissive adop tion of such codes; to provide for permissive adoption of such codes by municipalities and counties; and for other purposes.
FRIDAY, MARCH 21, 1969
1569
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 667. By Messrs. Anderson and Holder of the 49th:
A bill changing the method of compensation of the Clerk of the Superior Court of Telfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.
HB 670. By Messrs. Anderson and Holder of the 49th:
A bill to change the method of compensating the Ordinary of Telfair County, from the fee and salary systems to the salary system, exclusive ly; and for other purposes. The House has agreed to the Senate substi tute to the following bill of the House, to-wit:
HB 385. By Messrs. Busbee of the 61st and Harris of the 77th: A bill to provide that the Attorney General shall be vested with au thority and jurisdiction in matters of law relating to State Authorities; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th: A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
The following resolutions were introduced, read the first time, and referred to committees:
SR 139. By Senator Johnson of the 38th: A resolution creating the Private Detective Agencies Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 140. By Senators Abney of the 53rd and Reeder of the 55th: A resolution creating the Committee to Study the Feasibility of Teach ing Americanism vs. Communism in Public Schools; and for other purposes.
Referred to Committee on Rules.
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JOURNAL OF THE SENATE,
SR 142. By Senators Spinks of the 9th, Smith of the 34th, Fincher of the 54th and others:
A resolution creating a Study Committee for the purpose of promoting tourism in the State of Georgia; and for other purposes.
Referred to Committee on Rules.
SR 145. By Senator Kidd of the 25th:
A resolution authorizing the Defense and Veterans Affairs Committee to function after final adjournment of the 1969 Session of the General Assembly; and for other purposes.
Referred to Committee on Rules.
SR 146. By Senator Miller of the 43rd:
A resolution creating the Alcoholism and Alcoholic Beverage Tax Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 147. By Senators Trippe of the 31st and Holley of the 22nd:
A resolution creating the Senate Banking Laws Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 148. By Senators Johnson of the 38th, Stephens of the 36th and Ward of the 39th:
A resolution creating an interim study committee to work with the Joint Citizens Advisory Committee of the City of Atlanta and Fulton County to assist in the study of consolidating the governments of the City of Atlanta and Fulton County; and for other purposes.
Referred to Committee on Rules.
SR 149. By Senators Johnson of the 38th, Stephens of the 36th, and Ward of the 39th:
A resolution creating the Illiteracy Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 150. By Senators Johnson of the 38th, Stephens of the 36th and Ward of the 39th:
A resolution creating the Hunger and Malnutrition Study Committee; and for other purposes.
Referred to Committee on Rules.
FRIDAY, MARCH 21, 1969
1571
SR 151. By Senator Rowan of the 8th:
A resolution creating the Patient Pay Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 152. By Senator Maclntyre of the 40th:
A resolution creating a County and Urban Affairs Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 153. By Senators Tysinger of the 41st, Plunkett of the 30th, Trippe of the 31st and others:
A resolution creating the State Central Accounting Department Study Committee; and for other purposes.
Referred to Committee on Rules.
The following bills and resolution were read the first time and referred to committees:
HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th: A bill to be known as the "'Georgia Meat Inspection Act"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 540. By Messrs. Matthews of the 63rd, Xane of the 44th and Hudson of the 48th: A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment thereof, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide that it shall be unlawful for any person to engage in certain demonstrations, protests or other activities or to refuse to leave certain buildings, other facilities or campuses when ordered to do so by certain persons or to knowingly and maliciously destroy, damage, deface or interfere with the use of certain property; and for other purposes.
Referred to Committee on Judiciary.
HB 703. By Mr. Maxwell of the 78th: A bill to provide that when it shall appear to the ordinary that the value of an estate has decreased, the ordinary shall have the authority to per-
1572
JOURNAL OF THE SENATE,
mit a corresponding reduction in the amount of any bond required of
any fiduciary; and for other purposes. \
Referred to Committee on Judiciary.
HB 906. By Messrs. Williams, Wood and Cooper of the llth:
A bill creating the Claims Advisory Board, so as to provide that it shall be the duty of each State department and agency to file a notice of pos sibility of claim; and for other purposes.
Referred to Committee on Appropriations.
HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th and Miles of the 78th:
A bill to provide for an associate judge of the city court in all counties of this State having a population of not less than 135,000 nor more than 140,000; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 905. By Messrs. Lee of the 61st, Clarke of the 33rd and Pickard of the 84th:
A bill to create a State Building Administrative Board; to authorize the Board to adopt Standard Minimum Codes; to provide for local en forcement and administration of such codes; to provide for permissive adoption of such codes by municipalities and counties; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 999. By Mr. Lee of the 61st:
A bill to create the Policy and Evaluation Committee for Electronic Data Processing; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HR 307. By Messrs. Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of a certain tract of land located in Baldwin County; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
FRIDAY, MARCH 21, 1969
1573
The following bills and resolutions were read the second time:
SB 287. By Senator Andrews of the 49th:
A bill to amend an Act creating the Claims Advisory Board, approved April 12, 1963, so as to provide that it shall be the duty of each State department and agency to file a notice of possibility of claim; and for, other purposes.
SB 288. By Senator Maclntyre of the 40th:
A bill to amend an Act known as the "Revenue Tax Act to legalize and control alcoholic beverages and liquors", so as to provide that in mu nicipalities having a population of more than 400,000 according to the last Federal Dicennial Census or any future such census, licensees for the sale of distilled spirits or alcoholic beverages by the drink for con sumption only on the premises shall not be subject to the prohibitions of said sections; to repeal conflicting laws; and for other purposes.
SR 138. By Senators Holloway of the 12th, McGill of the 24th, Smith of the 34th, Reeder of the 55th, Garrard of the 37th, Riley of the 1st and Abney of the 53rd:
A resolution creating the Coastal Marshlands Study Committee; and for other purposes.
HB 199. By Mr. Barber of the 15th:
A bill to amend an Act creating the Employees' Retirement System, so as to change the provisions relating to employment of retired members; and for other purposes.
HB 412. By Messrs. Williams, Cooper and Wood of the llth:
A bill to require glass doors to be constructed of safety glass; to provide that the Georgia Safety Fire Commissioner shall compile and publish a list of types of safety glass made of safety glazing materials approved by him; to provide that it shall be unlawful to install any glass door which is not constructed of safety glass after a certain date; and for other purposes.
HB 499. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and others:
A bill to amend an Act known as the "Georgia Building Authority Act" (formerly known as the "State Office Building Authority Act"), so as to authorize the Georgia Building Authority to employ security guards to keep watch over and protect the properties of the Georgia Building Authority; and for other purposes.
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JOURNAL OF THE SENATE,
HB 514. By Messrs. McDaniell and Burruss of the 117th, Farrar of the 77th and Cook of the 95th:
A bill to require safe construction and installation of boilers and pres sure vessels; to provide for the safety of persons and property; and for other purposes.
HB 565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others:
A bill to amend Code Section 24-406, relating to the method of filling vacancies in the office of justice of the peace, so as to provide that special elections called for the purpose of filling vacancies in the office of justice of the peace shall be conducted in conformity with the Georgia Election Code; and for other purposes.
HB 610. By Mr. Jones of the 59th:
A bill to amend Code Chapter 93-4, relating to the jurisdiction of the Georgia Public Commission, so as to provide authority and power for the Georgia Public Service Commission to enjoin any and all violations of the rules, orders and regulations established by the Public Service Commission for the safe installation and operation of all natural gas transmission and distribution facilities within this State; and for other purposes.
HB 653. By Mr. Carnes of the 104th:
A bill to amend an Act creating the State Board of Examiners of Plumb ing Contractors, so as to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as Secretary to the State Board of Examiners of Plumbing Contractors; and for other purposes.
HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd:
A bill to create the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other matters connected with the fore going; and for other purposes.
HB 815. By Messrs. Sims of the 106th and Chandler of the 34th:
A bill to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to permit convicts to do contract work for private industry; and for other purposes.
HB 831. By Messrs. Knowles of the 22nd, Clarke of the 33rd, Caldwell and Smith of the 39th:
A bill to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation,
FRIDAY, MARCH 21, 1969
1575
so as to abolish the annual salary of the district attorney of said ju dicial circuit; and for other purposes.
HB 860. By Mr. Phillips of the 38th:
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 provide that the number of depu ties shall not be increased or decreased unless such increase or decrease is approved by the sheriff and the governing authority of Harris County; and for other purposes.
HB 866. By Mr. Hale of the 1st:
A bill to authorize any court of competent jurisdiction to require the posting of a bond, with surety approval by the court, by a party or parties seeking, in any public lawsuit, to declare invalid, enjoin, or pre vent the financing, construction, improving, etc., of any public improve ment, project, or facility or the creation, organization, or formation of any political subdivision; and for other purposes.
HB 911. By Mr. Maxwell of the 78th:
A bill to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General As sembly; and for other purposes.
HB 912. By Mr. Maxwell of the 78th:
A bill to fix the compensation of certain elected officials in certain counties; and for other purposes.
HB 920. By Mr. DeLong of the 80th:
A bill to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.
HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th and others:
A bill to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, so as to provide that employees of Chatham County shall be afforded an opportunity to elect 3 members to the said Civil Service Board, which 3 members shall be in addition to the present membership thereof; and for other purposes.
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JOURNAL OF THE SENATE,
HB 970. By Messrs. Cato and Conger of the 68th:
A bill amending, consolidating and superseding the several Acts in corporating the City of Colquitt, and creating a new Charter and mu nicipal government for said corporation, so as to change the salaries of the mayor and councilmen thereof; and for other purposes.
HB 972. By Messrs. Mason and Nash of the 13th:
A bill authorizing Gwinnett County and the governing authorities there of to establish and administer a sewer and water system and to levy assessments therefor; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes.
HB 973. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating a new charter for the City of Norcross, Georgia, so as to limit the amount of fine imposed for violation of city ordinances; and for other purposes.
HB 974. By Messrs. Mason and Nash of the 13th:
A bill authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board; and for other purposes.
HB 975. By Mr. Collins of the 62nd:
A bill to abolish the office of County Treasurer for Mitchell County; to transfer the duties of said office to the Clerk of the Board of Com missioners of Mitchell County; to provide for a depository; and for other purposes.
HB 976. By Mr. Hargrett of the 58th:
A bill to change the compensation of the sheriff and the clerk of the superior court in certain counties; and for other purposes.
HB 977. By Mr. Hargrett of the 58th: A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other purposes.
HB 978. By Messrs. Poole, Roach and Harris of the 10th: A bill to create the Pickens County Water and Sewer Authority; and for other purposes.
FRIDAY, MARCH 21, 1969
1577
HB 979. By Messrs. Poole, Roach and Harris of the 10th:
A bill to provide for appointment of the Pickens County School Superin tendent by the Board of Education of Pickens County; and for other purposes.
HB 980. By Messrs. Poole, Roach and Harris of the 10th:
A bill to create the Tate Water and Sewer Authority; and for other purposes.
HB 981. By Messrs. Paris of the 14th, Barber of the 15th, Milford and Mauldin of the 12th:
A bill to change the terms of the Superior Courts of the Piedmont Ju dicial Circuit; and for other purposes.
HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to authorize an automobile for the use of the commissioner in conducting the official duties of his office; and for other purposes.
HB 983. By Messrs. Harris, Levitas, Farrar of the 77th and others:
A bill to amend the charter of the City of Avondale Estates, so as to modify and expand the limits of said city; and for other purposes.
HB 984. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A bill to amend an Act creating a new Charter for the City of Newnan, so as to increase the corporate limits; and for other purposes.
HB 985. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A bill to amend an Act changing the compensation of the sheriff, the ordinary and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the provisions for paying the salaries of sheriff's deputies and jailers; and for other purposes.
HB 986. By Mr. Wamble of the 69th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court and the Tax Commissioner of Grady County, etc.; and for other purposes.
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JOURNAL OF THE SENATE,
HB 987. By Messrs. Wood, Williams and Cooper of the llth:
A bill to amend an Act incorporating and granting a charter to the City of Lula, so as to authorize the mayor and council to fix the com pensation of officers and employees of said city, except the salaries of the mayor and councilmen; and for other purposes.
HB 991. By Messrs. Holder and Anderson of the 49th: A bill to amend an Act creating the office of tax commissioner of Telfair County, so as to change the compensation of the tax commissioner of Telfair County; and for other purposes.
HR 139. By Messrs. Chandler of the 34th and Murphy of the 19th: A resolution authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia; and for other purposes.
HR 194. By Messrs. McDaniell of the 117th, Nessmith of the 44th and Burruss of the 117th: A resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.
HR 226. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.
HR 228. By Messrs. Dickinson of the 118th, Farrar, Thomason of the 77th and others:
A resolution urging the Governor to take the necessary action to ac quire title to a certain tract of property located in Sweetwater Valley in Douglas County, Georgia; and for other purposes.
HR 257. By Messrs. Parker and Nessmith of the 44th: A resolution requesting the State Highway Department to designate a certain bridge as the "E. S. Lane Bridge'"; and for other purposes.
HR 304. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A resolution to ratify, approve, and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of tax im posed by the Georgia Retailers' and Consumers' Sales and Use Tax
FRIDAY, MARCH 21, 1969
1579
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 305. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non profit hospitals until the next meeting of the General Assembly; and for other purposes.
HR 306. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution to ratify, approve, and confirm the Executive Orders of the Governor, dated March 29, 1967, and March 11, 1968, 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 meet ing of the General Assembly; and for other purposes.
HB 375. By Messrs. Rainey of the 47th and Dickinson 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 authorize the hunting of deer from scaffolds or tree stands; and for other purposes.
HB 844. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act entitled "An Act to provide supplementary ap propriations for the remainder of the fiscal year ending June 30, 1969, etc.," approved Feb. 28, 1969 (Act No. 57), so as to delete the appropria tion relating to hog cholera indemnities; to provide an appropriation for livestock indemnities; and for other purposes.
HB 953. By Mr. Barber of the 15th:
A bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to authorize the Commission to use and administer any interest in property for the purpose of establishing any form of student aid program; and for other purposes.
HB 954. By Mr. Barber of the 15th:
A bill to amend an Act creating the Georgia Higher Education Assist ance Corporation, so as to authorize the corporation to enter into con tracts for the purpose of rendering any type of assistance or any service
1580
JOURNAL OF THE SENATE,
that may be deemed necessary or desirable to promote the student loan program throughout the State; and for other purposes.
HB 971. By Messrs. Lane, Nessmith and Parker of the 44th, Brantley of the 52nd, Rush of the 51st and others: A bill to create the Groveland Lake Development Authority; and for other purposes.
HR 72. By Mr. Lowrey of the 9th: A resolution compensating Mr. Paul Cochran; and for other purposes.
HR 258. By Mr. Black of the 45th:
A resolution creating the Chattahoochee Judicial Circuit Study Com mittee; and for other purposes.
HR 273. By Messrs. Smith of the 3rd, Brown of the 32nd and Lowrey of the 9th:
A resolution creating an interim Study Committee to study the possible need for legislation requiring the licensing of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and for other purposes.
HB 185. By Messrs. Murphy of the 19th and Hale of the 1st:
A bill to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Department of Public Safety; and for other purposes.
HB 389. By Mr. Harris of the 77th:
A bill to amend an Act creating the Civil and Criminal Court of DeKalb County, so as to provide for the procedure of said Court and salaries of the officers and certain employees of said Court; and for other purposes.
HB 398. By Messrs. Potts, Mullinax, Ware and Blalock of the 30th and Murphy of the 19th:
A bill to amend Code Section 92-1403 of the Georgia Code of 1933, re lating to the taxation of motor fuel known as the "Motor Fuel Tax Law", so as to change the time period within which applications for refunds of the tax paid on gasoline used for agricultural purposes must be filed; and for other purposes.
HB 573. By Mr. Connell of the 79th:
A bill to authorize the governing authority of each county and munici pality to require a permit prior to a mobile home intended to be used
FRIDAY, MARCH 21, 1969
1581
as a residence being located within such county or municipality; and for other purposes.
HB 590. By Mr. Alexander of the 108th:
A bill to amend an Act establishing Juvenile Courts, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; and for other purposes.
HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and others:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
HB 629. By Messrs. Jones of the 59th, Murphy of the 19th and Brown of the 32nd:
A bill to amend the "Building and Loan Act", so as to define certain terminology permitted by Federal law to Federal savings and loan associations to denote any portion of the capital of such associations; and for other purposes.
HB 684. By Mr. Wamble of the 69th:
A bill to authorize the creation, with the State Division of Conservation, an office to administer in Georgia, any funds available to the State, its departments, agencies, boards, bureaus, and its political subdivisions pursuant to the United States "Land and Water Conservation Fund Act of 1965"; and for other purposes.
HB 838. By Mr. Rainey of the 47th:
A bill to amend an Act relating to the Game and Fish Commission, so as to change a certain definition; to change the provisions relating to the meetings of the Commission; to change the provisions relating to appropriations to the Commission; to authorize the Commission to accept grants and donations; and for other purposes.
HB 862. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act approved March 16, 1966 (Ga. L. 1966, p. 523), relating to the determination of income taxes on compensation of certain armed forces personnel to provide for the abatement of income taxes of deceased members of armed forces engaged in Vietnam combat zones; and for other purposes.
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JOURNAL OF THE SENATE,
HB 863. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend Code Section 22-1313 of the Georgia Code of 1933, as amended, so as to change certain requirements in presenting and filing articles of dissolution; and for other purposes.
HB 864. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that any employer who withholds more than $100 monthly shall pay such money to State depositories designated by the Commissioner; and for other purposes.
HB 893. By Mr. Collins of the 62nd:
A bill to abolish the office of county treasurer in all counties in this State having a population of not less than 19,550, and not more than 19,700; and for other purposes.
HB 992. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, so as to increase the food allowance for the prisoners confined in the county jail; and for other purposes.
HB 994. By Mr. Colwell of the 5th:
A bill to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the compensation and method of fixing the compensation of the Sheriff; and for other purposes.
HB 995. By Messrs. Smith and Caldwell of the 39th:
A bill to amend Code Section 21-105 of the Code of Georgia of 1933, relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.
HB 996. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act establishing a city court in the county of Clarke (now known as the City Court of Athens), so as to provide for a special investigator; to provide for his qualifications; and for other purposes.
HB 997. By Mr. Ballard of the 23rd:
A bill to provide for the compensation of the mayor and councilman of the municipality of Porterdale; and for other purposes.
FRIDAY, MARCH 21, 1969
1583
HR 190. By Mr. Wamble of the 69th:
A resolution authorizing the State Parks Department and the members of the Recreational Facilities Sub-Committee of the State Institutions and Property Committee to investigate the feasibility of accepting a new State Park site known as the Tired Creek project located in Grady County; and for other purposes.
HR 234. By Messrs. Chandler and Harrington of the 34th:
A resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control Commission; and for other purposes.
HR 298. By Mr. Collier of the 54th:
A resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Fincher of the 51st 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 resolution of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations: HR 226. Do pass.
Respectfully submitted, Fincher of 51st District, Chairman.
The following local, uncontested bills and resolutions, favorably reported by the committee, were read the third time, and put upon their passage:
SB 259. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), so as to create a Board of Commissioners of Fannin County to consist of a chairman and two other members; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
The Committee on County and Urban Affairs offered the following amend ment:
Amend SB 259 as follows:
By inserting in the title immediately following the phrase, "to pro vide for all matters relative to the foregoing;" the following, "to provide for a referendum;".
By renumbering Sections 2, 3 and 4 as Sections 3, 4 and 5, respec tively, and by adding a new Section to be designated Section 2 and to read as follows:
"Section 2. It shall be the duty of the Ordinary of Fannin County to issue the call for an election for the purpose of sub mitting this Act to the voters of Fannin County for approval or rejection. The Ordinary shall set the date of such election for the day upon which the general election conducted in 1970 shall be held. 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 Fannin County. The ballot shall have written or printed thereon the words:
'For approval of the Act creating a Board of Commissioners of Fannin County to consist of a Chairman and two other members and providing for their election and powers and duties.
'Against approval of the Act creating a Board of Commissioners of Fannin County to consist of a Chairman and two other members and providing for their election and powers and duties.'
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, as hereinafter provided, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Fannin County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
By striking from the end of renumbered Section 3 the following: "Section 3 of this Act.", and inserting in lieu thereof the following: "Section 4 of this Act."
By striking from the first line of renumbered Section 4 the fol lowing: "Section 3 of this Act".
On the adoption of the amendment, the ayes were 50, nays 0, and the amend ment was adopted.
FRIDAY, MARCH 21, 1969
1585,
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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 283. By Senators Smith of the 34th, Hardy of the 56th, Garrard of the 37th, Stephens of the 36th and Maclntyre of the 40th: A bill to amend an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273) as heretofore 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 284. By Senator London of the 50th: A bill to provide a new charter for the City of Helen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
KB 768. By Messrs. Scarlett and Harris of the 67th:
A bill to amend the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "county"; 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 130. By Senators Tysinger of the 41st, Miller of the 43rd, Walling of the 42nd and Reeder of the 55th:
A resolution requesting that the Governing Authority of DeKalb County provide certain information to the members of the General Assembly, creating a local study commission, providing for the payment of ex penses; 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 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 431. By Messrs. Melton and Brown of the 32nd:
A bill creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 431 by adding at the end of subsection (a) of Section 2 the following sentence:
"Any person so appointed shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established in Spalding County."
On the adoption of the amendment, the ayes were 50, nays 0, and the amend ment was adopted.
FRIDAY, MARCH 21, 1969
1587
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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed: as amended.
HB 856. By Mr. Clarke of the 33rd:
A bill to amend an Act creating a Board of Commissioners of MonroeCounty, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 875. By Mr. Clarke of the 33rd:
A bill to create a new board of education of 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 881. By Mr. Ross of the 26th:
A bill to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the Solicitor General (now District Attorney) of Toombs Judicial Circuit, so as to provide for an expense allowance for said District Attorney; 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 882. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County, so as to change the compensation which the deputy sheriff receives 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 883. By Messrs. Anderson and Holder of the 49th:
A bill to change the number of members of the Telfair County Board of Education from 5 to 7; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 884. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, so as to vest fee simple title of certain city streets and alleys in the City of Helena; and for other purposes.
FRIDAY, MARCH 21, 1969
158&
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 899. By Messrs. Graves, Lowrey and Toles of the 9th:
A bill to reincorporate the City of Cave Spring in the County of Ployd; to create a new charter for said city; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 899 by striking subsection (f) of Section 1.03 and inserting in lieu thereof a new subsection (f), to read as follows:
(f) To acquire, construct, operate, distribute, sell and dis pose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water and gas furnished, and for all sewerage and sanitary serv ices rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes."
By striking the word "twenty" from the first sentence of subsection (g) of Section 1.03 and inserting in lieu thereof the word "fifty".
By changing the period at the end of subsection (m) of Section 1.03 to a semicolon and adding the following:
"provided, however, no ordinance, regulation or standards pro mulgated under this section shall be construed to apply to com munications equipment installations made by or for a utility and required by it in the rendition of its duly authorized services to the public."
And by adding in Article 5 a new section to be known as Section 5.10 to read as follows:
"Section 5.10. Special Elections, Call. The governing author ity shall issue the call for any special election; and in the event of a vacancy to be filled in a special election, the governing authority shall issue the call within ten days after such vacancy occurs."
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JOURNAL OF THE SENATE,
On the adoption of the amendment, the ayes were 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 908. By Messrs. Bostick, Matthews and Pallin of the 63rd:
A bill to require the chairman of the Board of Commissioners of all counties with populations of not less than 17,000 nor more than 34,000, to effectuate all actions approved by a majority of the members of said board; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment :
Amend HB 908 by striking from the title and in Section 1 the figures "17,000" and "34,000" and by inserting in lieu thereof the fol lowing figures, respectively:
"23,050" and "23,750".
On the adoption of the amendment, the ayes were 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed -as amended,
HB 918. By Messrs. Harris and Roach of the 10th:
A bill to reincorporate the City of Cartersville in the County of Bartow; and for other purposes.
FRIDAY, MARCH 21, 1969
1591
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 918 by striking in Article I, Section 1.03, paragraph, (h) the word "cemetaries" and inserting in lieu thereof the word "cemeteries";
By adding in Article I, Section 1.03, paragraph (n) after the word "city prisoners" the following phrase: "to any city jail or";
By adding at the end of the fifth sentence in Article II, Section* 2.04 the following: "or if such notice is waived in writing";
By adding a comma after the words "all records of the council" itt the second sentence of Article II, Section 2.09;
By striking the words "or mayor" at the end of the last sentence of Article II, Section 2.09, and by adding a period at the end of said sentence;
By striking the word "option" in the third sentence of Article II,. Section 2.10, and inserting in lieu thereof the word "adoption";
By striking the word "through" in the first sentence of Article III,, Section 3.11, and inserting in lieu thereof the word "through";
By striking in Article V, Section 5.06 the second sentence which reads as follows: "It shall be the duty of the city council, upon its. approval and adoption, in their annual levy of taxes, to make such levy as, in their judgment, shall be necessary and advisable to meet the expenditures contemplated in such estimate; and the amount so levied, together with all other funds from all other sources for school purposes; received by the city, shall be collected and deposited to the credit of the Cartersville School Board, and not diverted, or used for any other pur pose.", and by inserting in lieu thereof the following sentence: "It shall be the duty of the city council, upon its approval and adoption, in their annual levy of taxes, to make such levy as, which in their judgment,, and considering other sources of revenue, shall be necessary and ad visable to meet the expenditures contemplated in such estimate; and the amount so levied, together with all other funds from all other sources, for school purposes received by the city, shall be collected and deposited to the credit of the Cartersville School Board, and not diverted, or used for any other purpose"; and,
By striking in the last paragraph of Article VII, Section 7.11 the following sentence in its entirety: "Any qualified person complying with this section may become a candidate for the office, and the candi date receiving the highest number of votes of those offering for mayor if the mayor is recalled, or of those offering for the position of council man from one or more of the wards in the City of Cartersville, if one or more councilmen are recalled, shall be declared elected."
By adding in Article 7 a new section to be known as Section 7.12: to read as follows:
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JOURNAL OP THE SENATE,
"Section 7.12. Special Elections, Call. The governing authority
shall issue the call for any special election; and in event of a vacancy to be filled in a special election, the governing authority shall issue the call within ten days after such vacancy occurs."
On the adoption of the amendment, the ayes were 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 916. By Messrs. Harris and Roach of the 10th:
A bill to amend an Act incorporating the City of Emerson in Bartow County, so as to change the corporate limits of the City of Emerson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 919. By Mr. Moate of the 28th:
A bill to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the U. S. Decennial Census of 1960; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
FRIDAY, MARCH 21, 1969
1593
The bill, having received the requisite constitutional majority, was passed.
HB 924. By Messrs. Holder and Anderson of the 49th:
A hill to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, so as to change the compensation 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 925. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, so as to provide for compensation for the commissioner of said county; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 927. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,500; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 939. By Mr. Hadaway of the 27th:
A bill to amend an Act creating a new charter for the City of Gray (formerly town of Gray), 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 948. By Mr. Knowles of the 22nd: A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the tax commis sioner 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 950. By Messrs. Snow, Hale and Crowe of the 1st and Peters of the 2nd: A bill to provide a salary for the court reporter of the Lookout Moun tain Judicial Circuit, which salary shall be in addition to the fees he is entitled to receive by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
FRIDAY, MARCH 21, 1969
1595
The bill, having received the requisite constitutional majority, was passed.
HB 951. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to amend an Act incorporating the Town of Haralson, so as to extend the corporate limits of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 955. By Messrs. Kreeger, Housley, Atherton, Burruss, McDaniell, Wilson and Henderson fo the 117th: A bill to amend an Act incorporating the City of Powder Springs, so as to provide for annexation of territory to the City of Powder 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 958. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Jefferson, in the County of Jackson, so as to provide for annexation of areas to wards of said city and to thereby 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 50, nays 0.
1596
JOURNAL OP THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 960. By Messrs. Russell and Keyton of the 70th:
A bill to provide that all members of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling expenses incurred when on county business; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 961. By Mr. Conner of the 56th:
A bill to amend an Act creating a Board of Commissioners of Jeff Davis County, so as to change the compensation of the chairman and 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 962. By Mr. Conner of the 56th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to change the compensation of the mayor and members 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 50, nays 0.
FRIDAY, MARCH 21, 1969
1597
The bill, having received the requisite constitutional majority, was passed.
HB 963. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating a new charter for the City of Hawkinsville, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 965. By Messrs. Peterson and Nunn of the 41st:
A bill to amend an Act incorporating the City of Warner Robins, so as to extend the corporate limits of said city; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 965 by striking from the quoted portion of Section 1, the following:
"thence extend in a southerly direction along the West line of Bateman Road to the South line of Land Lot 150, said distance being 3,725';",
and inserting in lieu thereof the following:
"thence extend in a southerly direction along the East line of Bateman Road to the South line of Land Lot 150, said distance being 3,725';".
And, by striking from Section 2 the following:
"in Section 2".
On the adoption of the amendment, the ayes were 50, naya 0, and the amend ment was adopted.
1598
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 966. By Mr. Shanahan of the 8th:
A bill to amend an Act providing a new charter for the City of Calhoun, so as to redefine the corporate limits of said city; 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 967. A bill to amend an Act incorporating the City of Warner Robins, soas to provide the procedures whereby the compensation of the mayor and councilmen may be changed by 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 968. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act creating the Clarke County School district and providing for a board of education therefor, so as to provide for the creation of a new board of education of Clarke County; and for other purposes.
FRIDAY, MARCH 21, 1969
1599
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 969. By Messrs. Evans, Keen, Scarborough and Knapp of the 81st, Dodson of the 82nd and Miller of the 83rd:
A bill to amend an Act creating a new charter for the City of Macon, so as to extend the corporate limits of said city; and for other pur poses.
The report of the committee, which was favorable to the passage of the trill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Kennedy of the 4th asked unanimous consent that the roll call be ^dispensed with.
The consent was granted.
Scripture reading and prayer were offered by the Reverend Richard Davis, Uawson, Georgia.
The following resolution was read and adopted:
137. By Senator Fincher of the 51st:
A resolution congratulating the Girls Basketball Team of Cherokee County High School; and for other purposes.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 194. By Messrs. Grahl of the 40th and Barber of the 15th:
A bill establishing a retirement system for teachers in the State pub lic schools, so as to provide that certain members may be placed back
1600
JOURNAL OF THE SENATE,
into full retirement benefits upon meeting certain requirements; and for other purposes.
The Committee on Retirement offered the following amendment:
Amend HB 194 by adding to the first sentence of Section 1 the following:
"provided such person has served at least two school years after such restoration to service."
so that as amended Section 1 will read:
"An Act establishing a retirement system for teachers in the State public schools approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding to subsection (6) of Section 5 the following:
"Provided, however, in the event a person is restored to serv ice on or after his attainment of age fifty and again becomes a member of the Teachers' Retirement System under this subsection, upon reimbursing the System for any pension received from the System during his retirement, plus regular interest, such person shall receive credit for any prior creditable service and upon sub sequent retirement he shall be credited with all his service as a. member, provided such person has served at least two school years after such restoration to service. Such person's pension shall be based on the total of his creditable service and he shall not be limited to the sum of the pension he was receiving prior to his last restoration to membership in the System."
On the adoption of the amendment, the Chair ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Coggin
Cox Dean Doss Eldridge
Fincher of 54th Garrard Gillis Hill
Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London
Maclntyre McGill Miller Plunkett
Reeder Reynolds Riley Rowan
Scott Searcey Smith of 18th Smith of 34th Spinks Starr Stephens Trippe
Tysinger Vann Ward Webb
Young Zipperer
FRIDAY, MARCH 21, 1969
1601
By unanimous consent, verification of the roll call was dispensed with.
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 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 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A bill to create the Georgia Higher Education Assistance Authority; and for other purposes.
Senator Broun of the 46th offered the following amendment:
Amend HB 168 by striking from Section 16 the figure "$25,000,000.00" and inserting in lieu thereof the figure "$20,000,000.00".
On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
Senator Vann of the 10th offered the following amendment:
Amend HB 168 as follows:
First, by striking the following from Section 4(d):
"and his staff whenever possible and practical, and the Au thority shall not be authorized to purchase legal service or to pay any fee to any attorney or law firm for legal services rendered, unless the Attorney General shall have first notified the Authority in writing that the Attorney General's office will not be able to render the particular services required."
and substituting in lieu thereof the following:
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JOURNAL OF THE SENATE,
"or an attorney designated by him."
so that when amended Section 4(d) shall read as follows:
"(d) The Authority shall be authorized and empowered to carry out the objectives and details of this Act, and the program provided for herein, and to employ such professionally qualified personnel, experts, agents, consultants, and employees, on a fulltime or part-time basis, as may be necessary in order to carry on properly the business of the Authority and effectuate the purposes hereof, provided, however, that all legal services for the Authority shall be rendered by the Attorney General or an attorney desig nated by him. Pull-time personnel employed by the Authority 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."
Second, by adding to the end of Section 27 the following language:
"The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A bill to amend an Act creating the "Georgia Higher Education As sistance Committee", so as to confer upon the Committee additional powers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
FRIDAY, MARCH 21, 1969
1603
The bill, having received the requisite constitutional majority, was passed.
HB 532. By Mr. Floyd of the 7th:
A bill to amend an Act providing appropriations for the fiscal years 1967-1968, generally known as the General Appropriations Act, so as to change the language relative to the appropriation to the Department of Industry and Trade for matching local funds for welcome centers established at places other than at the highway entrance to the State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 805. By Mr. Johnson of the 29th: A bill to provide for the issuing of a license plate to persons engaged in the business of transporting mobile homes and house trailers for others; and for other purposes.
The report 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 335. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th and others: A bill to amend the Code of Georgia, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain dis abled veterans shall be valid and binding; to provide that the deeds, se curity deeds and other conveyances of property to or by certain disabled veterans shall be valid and binding; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1604
JOURNAL OF THE SENATE,
On the passage of the bill, the Chair ordered a roll call and the vote was as follows:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe
Tysinger Vann Walling Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 56, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Carter of the 14th moved that the following resolution of the House be withdrawn from the Committee on County and Urban Affairs, and recom mitted to the Committee on Public Utilities and Transportation:
HR 298. By Mr. Collier of the 54th:
A resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
The following general bill and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 648. By Messrs. Rainey of the 47th, Dickinson of the 118th, Hargrett of the 58th, Mullinax of the 30th and others:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Com-
FRIDAY, MARCH 21, 1969
1605
mission, so as to provide that certain employees of the State Game and Fish Commission be included under coverage of the State Merit System of Personnel Administration; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 274. By Mr. Hadaway of the 27th:
A resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Ap peals Reports to the Judges of the Superior Court of Jones 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 33, nays 10.
The resolution, having received the requisite constitutional majority, was adopted.
HR 288. By Messrs. Dean of the 76th, Hood of the 99th, Ezzard of the 102nd and others: A resolution requesting the Georgia Congressional Delegation to initiate federal legislation to provide certain funds for aid to families with de pendent children; 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.
1606
JOURNAL OP THE SENATE,
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.
Senator Padgett of the 23rd moved that the Senate adhere to its disagree ment to the House substitute, and that a Conference Committee be appointed.
On the motion, the ayes were 33, nays 0, and the motion prevailed.
The president appointed as a Conference Committee on the part of the Senate the following:
Senators Padgett of the 23rd, Stephens of the 36th and Chapman of the - 32nd.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 97. By Senator Searcey of the 2nd: A bill to revise, alter and consolidate into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.
The Local Affairs Committee of the House offered the following amendment:
Amend SB 97 by substituting "principal" for "principle" in the tenth line of the caption.
By striking from the caption the following:
"To abolish Justice of the Peace Courts and the Office of Jus tice of the Peace in Chatham County, Georgia, to establish the Mu nicipal Court of Savannah, and"
By adding the following after the caption:
"Whereas all Justices' Courts and the Office of Justice of the Peace and of Notary Public ex officio Justice of the Peace have
FRIDAY, MARCH 21, 1969
1607
heretofore been abolished throughout Chatham County, and in lieu thereof there was created and established effective January 1, 1916, the Municipal Court of Savannah; and
"Whereas the Act approved August 13, 1915, which created and established said Municipal Court of Savannah, has been amended numerous times, and it is desirable to consolidate all such amend ments and certain new amendments and revisions into a single com prehensive Act relating to the Municipal Court of Savannah; Now, Therefore"
By substituting the following in lieu of Section 1:
"Section 1. The territorial jurisdiction of the Municipal Court of Savannah (hereinafter referred to as the Municipal Court) shall extend throughout the County of Chatham."
By substituting the following in lieu of Section 2:
"Section 2. The Municipal Court shall be a Court of record and shall have a seal, minutes, records, and other books and files that are required by law to be kept by the Superior Court, insofar as the jurisdiction of said Municipal Court may render the same necessary; and the Clerk of said Municipal Court shall preserve in suitable files all original papers in each case, which shall not be removed from said Clerk's Office without the permission of a Judge of said Court, on proper receipt given to said Clerk or a deputy clerk of said Court."
By substituting "7 hereof" for "7 above" in Sections 9, 10, and 11.
By substituting the following in lieu of Section 12:
"Section 12. An accurate record of all costs, fees, and charges in said Court shall be kept by the Clerk of said Court, and all costs, fees, and charges of every kind collected by any of the Of ficers of said Court shall be immediately turned over to the Clerk of said Court and entered at once by him on his records; and on or before the fifth day of each and every month it shall be the duty of said Clerk to furnish Chatham County a complete, accu rate, and sworn copy of all costs, charges, and collections, and to pay over all of the moneys collected to Chatham County. Failure of the Clerk or of the Officers of said Court to promptly comply with the provisions of this Section shall render such Officer liable to be removed from office at the discretion of the Senior Judge, subject to Chatham County Civil Service regulations."
By substituting the following in lieu of Paragraph (a) in Section 23:
"Section 23. (a) The Chatham County Commissioners shall provide and maintain a suitable place for holding said Court in the Courthouse or at some other place in the City of Savannah as near to the Courthouse as may, in the discretion of the County
1608
JOURNAL OF THE SENATE,
Commissioners, be conveniently and reasonably obtained; and they
shall also provide the necessary furniture, blanks, books, type
writers, stationery, and all other expenses of the said Court. Said
County Commissioners are empowered and directed to fix, regu-
i
late, prescribe, and pay the salaries of the Clerk, deputy clerks,
Sheriff, deputy sheriffs, and Secretary of the Municipal Court of
Savannah out of the funds of said County."
By substituting the following in lieu of Section 24:
"Section 24. The Clerk of said Municipal Court of Savannah
is authorized to accept for the use of said Court a complete set
of the published reports of the Supreme Court of Georgia and the
;
Court of Appeals of Georgia, and the Acts of the General Assem
bly of Georgia, commencing with the Acts of 1910, and future
Acts and reports and the Code of Georgia at such time or times
as the same may be furnished by the State Librarian."
By substituting the following in lieu of Paragraph (c) in Section 26:
"(c) Any attorney at law who is a resident of Chatham Coun ty, who is at least 25 years of age, and who has practiced law for 5 years or more, shall be eligible to hold office as a Judge of said Court; provided that the serving as Judge of a Court or engaging in the instruction of law in a recognized law school shall be con strued as the equivalent of practicing law within the purview of the foregoing qualification requirement. A Judge shall not engage in the practice of law as an attorney or counselor, but shall devote his whole time and capacity to the duties of his office as prescribed
by law, insofar as the public interest demands."
By substituting $10,000.00" and "$9,400.00" in lieu of $12,500.00" and "$11,000.00", respectively, in Section 28.
.
By substituting the following in lieu of Section 33:
"Section 33. There shall be a Sheriff and a Clerk of the Municipal Court, appointed by the Chatham County Commissioners on recommendation of the Senior Judge, whose term shall coincide with that of said Senior Judge. In the exercise of a sound discre tion, the Chatham County Commissioners may remove them from office whenever the interests of the Court so require. Their suc cessors shall then be appointed for the unexpired term. The present Sheriff and Clerk are hereby confirmed in office."
'
By substituting the following in lieu of Section 34:
"Section 34. There shall be a chief deputy sheriff, a chief deputy clerk and as many additional deputy sheriffs and deputy clerks as may be necessary to carry out promptly and efficiently the business of said Court. They shall be appointed by the Chat-
FRIDAY, MARCH 21, 1969
1609
ham County Commissioners on recommendation of the Senior Judge and may be removed on any ground which may be included in the Chatham County Civil Service regulations. In the event of the ab sence or disability of the Sheriff, the chief deputy sheriff shall act in his stead; in the event of the absence or disability of the Clerk, the chief deputy clerk shall act in his stead."
By substituting the following in lieu of Section 38:
"Section 38. The Senior Judge of the Municipal Court of Sa vannah shall be authorized and empowered to appoint a Secretary to the Judges of said Court. The Secretary appointed pursuant to this Section shall be designated as an employee in the unclassified service of the civil service of Chatham County. The salary of said Secretary shall be fixed by the Chatham County Commissioners on the recommendation of the Senior Judge of the Municipal Court of Savannah and be paid out of the treasury of Chatham County."
By substituting the following in lieu of Section 40:
"All laws and parts of laws in conflict with this Act are hereby repealed; provided however, that if any Section or provision of this Act shall be held unconstitutional or invalid by any Court of com petent 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. Nothing herein contained shall be construed to repeal any laws or parts of laws abolishing Justices' Courts and the Office of Justice of the Peace and of Notary Pub lic ex officio Justice of the Peace throughout all or any part of Chatham County."
Senator Searcey of the 2nd moved that the Senate agree to the House amendment to SB 97.
On the motion, the ayes were 36, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following general bills, favorably reported by the committee, were read the third time, and put upon their passage:
HB 381. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Adams of the 100th and others: A bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to de lete therefrom all references to non-partisan primaries; to provide the
1610
JOURNAL OF THE SENATE,
procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend HB 381 by deleting Section 34A-905 of Section 2 in its en tirety and inserting in lieu thereof the following:
"Section 34A-905. Primaries to be conducted only by political parties; conduct of primaries.--Only a political party as defined in this Code may conduct a municipal primary for the purpose of elect ing its own officials or nominating candidates for municipal elec tions. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regula tions of such party not inconsistent with the law and the rules and regulations of the State Election Board; however, all such pri maries must be conducted in such manner as to guarantee the secrecy of the ballot. No municipality may conduct a non-partisan primary. Municipalities may provide by their charter or ordinance that no political party shall conduct primaries for the purpose of nominating candidates for municipal elections; provided, however, the existing provisions of any charter or ordinance prohibiting pri maries by political parties shall not be repealed by this Act."
On the adoption of the amendment, the ayes were 7, nays 27, and the amend ment was lost.
Senator Johnson of the 38th offered the following substitute:
A BILL
To be entitled an Act to amend Code Title 34A, relating to munici pal elections, so as to provide the circumstances under which a certifi cate of nomination shall be issued by a political party to the nominees of such a party; to authorize certain municipalities to provide that no political party may conduct primaries for the purpose of nominating candidates for municipal elections; to provide that unless a candidate is the duly nominated nominee of a political party, his name shall be listed on the ballot under the Independent column; to provide the pro cedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 34A, relating to municipal elections, is here by amended by adding at the end of subsection (b) of Code Section 34-901, relating to the filing of notice of candidacy, the following:
FRIDAY, MARCH 21, 1969
1611
"A certificate of nomination shall not be issued to a candidate by any political party unless the candidate is the nominee of such political party by virtue of having been nominated in a primary conducted by such political party for the purpose of nominating candidates for the particular office concerned or unless said can didate is the substituted nominee of such political party pursuant to the provisions of Code Section 34A-903.",
so that when so amended subsection (b) shall read as follows:
"(b) Each candidate, who is a nominee of his political party or body, or such party or body, shall accompany his notice of can didacy with a certificate of nomination by his party or body stat ing that he is the duly qualified and nominated candidate of his party or body for the public office he is seeking. Every such cer tificate of nomination shall be sworn to by the chairman and secre tary of the municipal or other appropriate executive committee (designated by the party or body) before an officer qualified to administer oaths. The certificate of nomination shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. A certificate of party or body nomination shall not be filed if such party or body has not previously registered with the Secretary of State as required by Chapter 34-9 of the Georgia Election Code and with the city clerk as required by Section 34B-801 of this Code. A certificate of nomi nation shall not be issued to a candidate by any political party unless the candidate is the nominee of such political party by virtue of having been nominated in a primary conducted by such political party for the purpose of nominating candidates for the particular office concerned or unless said candidate is the substituted nominee of such political party pursuant to the provisions of Code Section
34A-903."
Section 2. Said Title is further amended by striking in its entirety Code Section 34A-905, relating to the conduct of primaries and nonpartisan primaries, and substituting in lieu thereof a new Code Section to read as follows:
"Section 34A-905. Primaries to be conducted only by political parties or non-partisan municipal executive committee; conduct of primaries.--Either a political party as defined in this Code or a nonpartisan municipal executive committee duly registered with the clerk may conduct a municipal primary for the purpose of elect ing its own officials or nominating candidates for municipal elec tions. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regula tions of such party or nonpartisan municipal executive committee not inconsistent with the law and the rules and regulations of the State Election Board; however, all such primaries must be con ducted in such manner as to guarantee the secrecy of the ballot. Municipalities may provide by their charter or ordinance that no political party shall conduct primaries for the purpose of nomi nating candidates for municipal elections; provided, however, the existing provisions of any charter or ordinance prohibiting pri maries by political parties shall not be repealed by this Act."
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JOURNAL OF THE SENATE,
Section 3. Said Title is further amended by renumbering subsec tion (e) of Code Section 34A-1004, relating to the form of the official election ballot, as subsection (f), and by inserting following subsection (d) a new subsection (e) to read as follows:
"(e) The name of a candidate shall not be listed on the ballot under the name of a political party column unless the candidate has accompanied his notice of candidacy by the certificate of nomi nation required by subsection (b) of Code Section 34A-901."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, 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.
HB 329. By Messrs. Matthews of the 16th and Barber of the 15th:
A bill to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 457. By Messrs. Kreeger and McDaniell of the 117th: A bill to amend Code Section 56-1201, relating to venue in actions against insurance companies, so as to include Superior Court Clerks or Deputy Clerks and Clerks or Deputies of any courts of record as
FRIDAY, MARCH 21, 1969
1613
persons upon whom a suit shall be instituted only in the county of their residence upon their official bonds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 567. By Mr. Harrison of the 66th:
A bill to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the pro visions thereof relative to filling vacancies in said office; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 567 by striking in proposed subsection 23-1102 (d) which is quoted in Section 1 of said bill the phrase "and such failure cannot be cured by a runoff election".
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the House was taken up for the purpose of consider ing the report of a Conference Committee thereto:
HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and Caldwell of the 39th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
,1614
JOURNAL OF THE SENATE,
The report of the Conference Committee was as follows:
The Committee recommends that the Senate recede from its posi tion as to tobacco tax and as to beer tax, and that the House and Sen ate agree as to the wine taxes as passed by both House and Senate.
Respectfully submitted,
FOR THE SENATE:
/a/ A. W. Holloway A. W. Holloway Senator, 12th District
/s/ M. J. Padgett M. J. Padgett Senator, 23rd District
/s/ Stanley E. Smith, Jr. Stanley E. Smith, Jr. Senator, 18th District
FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. R. Lambert E. R. Lambert Representative, 25th District
/s/ Quimby, Melton, Jr. Quimby Melton, Jr. Representative, 32nd District
/s/ Thomas B. Murphy Thomas B. Murphy Representative, 19th District
Senator Holloway of the 12th moved that the Senate adopt the report of the Conference Committee on HB 104.
On the motion, the ayes were 40, nays 2.
The motion prevailed, and the report of the Conference Committee was adopted.
Senator Padgett of the 23rd asked to be recorded as voting "No" on the Conference Committee report to HB 104.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be
FRIDAY, MARCH 21, 1969
1615
known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VIII, Section II, Paragraph I-A of the Con stitution as amended in 1968; and for other purposes.
Senator Pennington of the 45th moved that the Senate insist on its amend ment to HB 611.
On the motion, the ayes were 38, nays 0, and the motion prevailed.
The following resolution was read:
SR 143. By Senator Coggin of the 35th: A resolution relative to adjournment; and for other purposes.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bill and resolution, favorably reported by the commit tees, were read the third time, and put upon their passage:
HB 854. By Mr. Lambert of the 25th:
A bill to amend an Act approved February 27, 1962 (Ga. L. 1962, p. 119), so as to provide that it shall not be necessary to obtain the sig natures of the owners of any public street, road or highway right-ofway; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 64. By Mr. Carnes of the 104th:
A resolution creating the Juvenile Court Law Study Committee, ap proved April 9, 1968 (Ga. L. 1968, p. 1170), providing compensation for
1616
JOURNAL OP THE SENATE,
two juvenile court judges who are on the Commission that were ap pointed by said committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House and Senate, to-wit:
HB 947. By Mr. Busbee of the 61st: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dougherty, so as to authorize the Board to create sanitary districts in said county; to provide for sani tary services in said districts, etc.; to provide for a tax or assessment to pay for same; and for other purposes.
HB 1007. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and mem bers of the board; and for other purposes.
HB 1008. By Mr. Jones of the 59th: 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 the governing authorities of certain counties shall not authorize the sale of alcoholic beverages by the drink until it shall be approved in a referendum; and for other purposes.
SB 99. By Senator Johnson of the 38th: A bill to amend an Act amending the Act establishing the Criminal Court of Atlanta, so as to change the provisions relating to the filling
FRIDAY, MARCH 21, 1969
1617
of vacancies occurring in the offices of Judge and Solicitor General of said court; and for other purposes.
SB 100. By Senator Johnson of the 38th:
A bill to amend an Act creating the Civil Court of Fulton County, so as to change the provisions relating to the filling of vacancies occurring in the office of the judge of said court; and for other purposes.
SR 76. By Senator Stephens of the 36th:
A resolution creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.
HB 505. By Messrs. Kreeger, Atherton, Housley and Burruss of the 117th:
A bill to amend an Act providing a new charter for the City of Mari etta, so as to change the amount of ad valorem tax which may be levied to support and maintain the public schools of said city; and for other purposes.
SB 75. By Senators Bateman of the 27th and Adams of the 26th:
A bill to create the Bibb County Board of Education, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 96. By Senator Chapman of the 32nd:
A bill to amend an Act approved March 14, 1963 (Ga. L. 1963, pages 81-121), so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical or dental services when needed on an emergency basis without secur ing prior consent of parents or legal guardians of children under 21 years of age; and for other purposes.
SB 198. By Senator Trippe of the 31st:
A bill to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks and credit unions which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of three years; to repeal con flicting laws; and for other purposes.
1618
JOURNAL OF THE SENATE,
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following hill of the House, to-wit:
HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Commodi ties Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Collins of the 66th, Reaves of the 61st, and Nessmith of the 44th.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and others:
A bill to be entitled an Act to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation; and for other purposes.
SB 179. By Senators Chapman of the 32nd, Hardy of the 56th and Fincher of the 54th:
A bill to provide for the necessary consents for the treatment of minors for venereal disease; to repeal laws in conflict herewith; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
HB 1003. By Mr. Colwell of the 5th:
A bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the compensation of the commissioner; and for other purposes.
HB 1005. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating a new Board of Commissioners of Roads and Revenues of Gwinnett County, so as to change the pro visions relating to audits; and for other purposes.
FRIDAY, MARCH 21, 1969
1619'
HB 1006. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A bill to amend an Act creating1 a new charter for the City of Albany,, so as to change the compensation of the mayor and city commissioners; and for other purposes.
SB 129. By Senator London of the 50th:
A bill to authorize certain counties to establish and maintain a law li brary for the use of the judges, district attorneys, ordinaries and other officers of the courts of said counties; to repeal conflicting laws; and for other purposes.
The House has passed, by substitute, by the requisite constitutional ma jority the following resolution of the Senate, to-wit:
SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th: A resolution creating the "Constitution Revision Commission"; and for other purposes.
The following bills were read the first time and referred to committees:
HB 505. By Messrs. Kreeger, Atherton, Housley and Burruss of the 117th:
A bill to amend an Act providing a new charter for the City of Mari etta, so as to change the amount of ad valorem tax which may be levied to support and maintain the public schools of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 947. By Mr. Busbee of the 61st:
A bill to amend an Act creating a Board of Commissioners of Roads; and Revenues for the County of Dougherty, so as to authorize the Board to create sanitary districts in said county; to provide for sanitary services in said districts, etc.; to provide for a tax or assessment to pay for same; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1003. By Mr. Colwell of the 5th:
A bill to amend an Act creating the office of Commissioner of Lumpkin County, so as to change the compensation of the commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.
1620
JOURNAL OF THE SENATE,
HB 1005. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating a new Board of Commissioners of Roads and Revenues of Gwinnett County, so as to change the provisions relating to audits; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1006. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A bill to amend an Act creating a new charter for the City of Albany, so as to change the compensation of the mayor and city commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1007. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the compensation of the chairman and mem bers of the board; and for other purposes,
Referred to Committee on County and Urban Affairs.
HB 1008. By Mr. Jones of the 59th: 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 the governing authorities of certain counties shall not authorize the sale of alcoholic beverages by the drink until it shall be approved in a referendum; and for other purposes.
Referred to Committee on Temperance.
The following general bills, favorably reported by the committee, was read the third time, and put upon its passage:
HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones and Buck of the 84th and others: A bill to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 593 by striking in caption of said bill the following:
"to further define the term 'earned surplus';" and by substi tuting in lieu thereof the following:
FRIDAY, MARCH 21, 1969
1621
"To define the term 'address';"
And by striking in said caption the following:
"To provide for execution of deeds after dissolution of a cor poration" and substituting in lieu thereof the following:
"To provide for execution of deeds or other transfer instru ment after dissolution of a corporation;"
And by striking in said caption the following:
"to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of such number of the voting shares as may be required under the articles of incorporation or the bylaws for the election of directors;"
And substituting in lieu thereof the following:
"to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or such greater number of the vot ing shares as may be required under the articles of incorporation or the bylaws for the election of directors;"
And by striking in said caption the following:
"to remove the requirement that the Secretary of State notify each corporation that has failed or refused to file its annual re port 30 days after each said annual report is due;"
And substituting in lieu thereof the following:
"to provide for application to undomesticated foreign corpo rations heretofore authorized to transact business in this State;" And by striking in said caption the following:
"to strike Code Chapter 22-99, relating to crimes, and to pro vide a new Code Chapter containing provisions relating to crimes of a corporation, corporate officers or any persons, and providing penalties; to provide that foreign corporations required to have certificates of authority shall not maintain actions in any court of the State until they have obtained such certificates and to provide for the voidability of contracts of such corporations;"
And substituting in lieu thereof the following:
"to preserve certain executive committees validly created un der prior general corporation law; to provide for a fee of $50 for filing a petition to amend a petition; to renumber Code Section 22-9901.1 as Section 22-9902; to provide for notice to corporation officers by registered agent who resigns; to eliminate Code Section
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22-405; to provide that certain series of shares may have voting rights fixed by the articles of incorporation or by resolution of board of directors or shareholders; to provide for notice to share holders in certain mergers of subsidiaries; to provide for special proceedings for dissenting shareholders; to provide for procure ment of certificates of authority to transact business by foreign corporations; to eliminate Code Section 22-2405; to provide for for feiture of the charter of corporations chartered by the Secretary of State; to explain intention as to venue;"
By striking Section 1 in its entirety and substituting in lieu there of the following:
"Section 1. An Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22 containing the "Georgia Business Corpo ration Code", the "Georgia Nonprofit Corporation Code", provisions relating to corporations chartered by the Secretary of State, mis cellaneous provisions of corporation law, and provisions relating to crimes of a corporation, corporate officers or any person, approved April 3, 1968 (Ga. Laws 1968, p. 565), is hereby amended by strik ing subsection (q) of Section 22-102 in its entirety and substituting in lieu thereof a new subsection (q) to read as follows:
'(q) "Address" means a complete mailing address including the county and whenever practicable a street and number or building and floor.
And by striking in Sections 3 the phrase "Section 23-103' and sub stituting in lieu thereof the phrase "Section 22-103"
And by inserting in Section 5 after the phrase "(e) Deeds" and before the phrase "requiring execution" the phrase "or other transfer instrument" and by inserting after the phrase "in the real estate" and before the word "described" the phrase "or other property".
And by striking Section 33 in its entirety and substituting in lieu thereof the following:
"Section 33. Said Act is further amended by striking from subsection (c) of Section 22-703 the second sentence which reads "The provisional director shall have all rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is re moved by order of the court or by vote or written consent of the holders of a majority of the voting shares" and by substituting in lieu thereof the following sentence: "The provisional director shall have all the rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or holders of such higher number of voting shares as may be required under the articles of incorporation or the bylaws for the election of directors.' "
FRIDAY, MARCH 21, 1969
1623
And by inserting in Section 38 in proposed subparagraph (3) of subsection (b) of Section 22-1002 after the phrase "of cash and such securities" and before the phrase "which is to be paid" a comma (,)
And by striking Section 51 in its entirety and substituting in lieu thereof the following:
"Section 51. Said Act is further amended by striking Section 22-1419 in its entirety and substituting in lieu thereof the fol lowing:
"22-1419. Application to Undomesticated Foreign Corpora tions Heretofore Authorized to Transact Business in this State. Undomesticated foreign corporations which have complied with an Act passed January 31, 1946 (Ga. Laws 1946, p. 687) at the time this Code takes effect and which pursue in this State a purpose or purposes for which a corporation might be organized under any statute of this State, shall be entitled to all the rights and privi leges applicable to foreign corporations procuring certificates of authority hereunder to transact business in this State, and from the time this Code takes effect, such corporations shall be subject to all the limitations, restrictions, liabilities and duties prescribed herein for foreign corporations procuring certificates of authority hereunder to transact business in this State."
And by striking Section 66 in its entirety and substituting in lieu thereof the following:
"Section 66. Said Act is further amended by adding at the end of Section 22-2606 a new subparagraph to be designated subpara graph (e) and to read as follows:
'(e) Nothing in this section shall be construed to invalidate any executive committee validly created under the prior general corporation law and existing on the effective date of this Code.' '*
And by striking Section 71 in its entirety and substituting in lieu thereof the following:
"Section 71. Said Act is further amended by adding to Sec tion 22-4701 a new subsection, to be designated subsection '(i)* and to read as follows:
'(i) Filing a petition to amend a petition on file with the Sec retary of State, $50.'"
And by striking Section 75 in its entirety and substituting in liett thereof the following:
"Section 75. Said Act is further amended by renumbering Sec tion 22-9901.1 as Section 22-9902."
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And by striking Section 76 in its entirety and substituting in lieu thereof the following:
"Section 76. Said Act is further amended by striking subsec tion (d) of Section 22-402 in its entirety and by substituting in lieu thereof a new subsection (d) to read as follows:
'(d) Any registered agent of a corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least 10 days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary or treasurer of the corpora tion for which such agent is acting.'"
And by striking Section 77 in its entirety and substituting in lieu thereof the following:
"Section 77. Said Act is further amended by changing in sub section (a) of Section 22-403 the comma (,) after the word 'com plaint' to a period (.) and by striking the words 'as if the regis tered agent were a defendant'."
And by striking Section 80 in its entirety and by substituting in lieu thereof the following:
"Section 80. Said Act is further amended by striking Section 22-405 in its entirety."
And by striking Section 81 in its entirety and by substituting in lieu thereof the following:
"Section 81. Said Act is further amended by adding a new sentence at the end of subsection (a) of Section 22-501 to read as follows:
'The voting rights of each series within a preferred or special class of shares may be fixed and determined by the articles of incorporation or, when permitted under Section 22-502 (b), by resolution of the board of directors or shareholders.'"
And by adding a new section to be numbered 82 and to read as follows:
"Section 82. Said Act is further amended by adding at the end of Section 22-508 a new paragraph (h) to read as follows:
'(h) Nothing in this section shall be construed to invalidate any share certificate validly issued and outstanding on the effec tive date of this Code under the prior general corporation law.'"
FRIDAY, MARCH 21, 1969
1625
And by adding a new section to be numbered 83 and to read as follows:
"Section 83. Said Act is hereby amended by inserting after the phrase 'of all outstanding' and before the word 'shares' in the first sentence of subsection (b) of Section 22-703 the word 'voting' "
And by adding a new section to be numbered 84 and to read as follows:
"Section 84. Said Act is hereby amended by adding at the end of Section 22-708 a new subparagraph to be designated subparagraph (e) and to read as follows:
'(e) Nothing in this section shall be construed to invalidate any executive committee validly created under the prior general corporation law and existing on the effective date of this Code'."
And by adding a new section to be numbered 85 and to read as follows:
"Section 85. Said Act is hereby amended by inserting in sub section (b) of Section 22-807 after the phrase 'articles of incor poration' and before the phrase 'but any by-laws' the phrase 'or in by-laws previously adopted by the shareholders'"
And by adding a new secion to be numbered 86 and to read as follows:
"Section 86. Said Act is hereby amended by striking subsec tion (c) of Section 22-1005 in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows:
'(c) In the event all the shares of a subsidiary corporation party to a merger effected under this section are not at the time owned by the parent corporation, the parent corporation shall, no later than ten days prior to the date on which the merger is to become effective, notify each shareholder of the subsidiary corpora tion that the merger is to become effective. The notice shall be sent by registered or certified mail, addressed to each such share holder at his address as it appears on the records of the corpora tion, and shall contain a clear and concise statement that share holders dissenting from the merger are entitled, if they comply with the provisions of this subsection, to be paid the fair value of their shares. A copy of the plan of merger or an outline of the material features of the plan shall accompany the notice. Within 20 days after the date of the mailing of the notice, any shareholder to whom the parent corporation was required to give such notice and who elects to dissent shall file with the corporation a notice of such as provided in Section 22-1202 (c), and thereupon the parties shall have the rights and duties and shall follow the pro cedure set forth in subsection (d) through (k) of Section 22-1202.'"
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And by adding a new section to be numbered 87 and to read as follows:
"Sections?. Said Act is hereby amended by striking from subparagraph (1) of subsection (g) of Section 22-1202 the word 'nonjury'"
And by adding a new section to be numbered 88 and to read as follows:
"Section 88. Said Act is further amended by striking the sec ond sentence in subsection (a) of Section 22-1401 which reads, 'No foreign corporation shall be entitled to procure a certificate of authority under this Code (Chapters 22-1 through 22-20) to transact in this State any business which a corporation organized under this Code is not permitted to transact.' and by substituting in lieu thereof the following:
"A foreign corporation shall be entitled to procure a certifi cate of authority hereunder to transact any business in this State which a corporation organized under the laws of this State is per mitted to transact.'"
And by adding a new section to be numbered 89 and to read as follows:
"Section 89. Said Act is further amended by striking subsec tion (c) of Section 22-1409 in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows:
'(c) Any registered agent of a foreign corporation may resign as such agent upon filing a written notice thereof with the Secre tary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affi davit of such agent that at least ten days prior to the date of filing such notice a written notice of the agent's intention to re sign was mailed or delivered to the president, secretary, or trea surer of the corporation for which such agent is acting.'"
And by adding a new section to be numbered 90 and to read as follows:
"Section 90. Said Act is further amended by changing in sub section (a) of Section 22-1410 after the word 'complaint' the comma (,) to a period (.) and by striking the words 'as if the registered agent were a defendant'."
And by adding a new section to be numbered 91 and to read as follows:
"Section 91. Said Act is further amended by striking in Sec tion 22-2104 the designation '(a)' at the beginning of said Section."
FRIDAY, MARCH 21, 1969
1627
And by adding a new section to be numbered 92 and to read as follows:
"Section 92. Said Act is further amended by striking Section 22-2405 in its entirety."
And by adding a new section to be numbered 93 and to read as follows:
"Section 93. Said Act is further amended by striking subsec tion (a) of Section 22-4109 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
(a) A corporation may forfeit its Charter:
1. By failure to file its annual report to the Secretary of State within the time required by Section 22-4601, or by failure to file its annual license or occupation tax return on or before the day such return becomes due; or
2. By having procured its Charter through fraud, or
3. By continuing,, after written notice by the Secretary of State to the corporation at its last known address as shown by the records of the Secretary of State, to violate the laws of this State in a manner likely to injure the public or the corporation's shareholders, creditors, or debtors, except that the Secretary of State shall not declare a forfeiture on this ground so long as the corporation is contesting in good faith, in any appropriate judicial or administrative proceeding, the alleged violation or violations of the laws of this State.' "
And by adding a new section to be numbered 94 and to read as follows:
"Section 94. Said Act is further amended by amending Chap ter 22-48 thereof by adding thereto a new section to be designated Section 22-4802 to read as follows:
'22-4802. Intention as to Venue. Nothing in this Act shall af fect existing statutes with respect to the venue of suits against railroad and electric companies, banking, insurance, canal, naviga tion, express and telegraph companies, which existing statutes in clude as to railroad and electric companies those statutes which are codified as Section 41-201, 41-202 and 41-203 of the Code of Georgia of 1933; as to telegraph companies that statute codified as Section 104-208 of the Code of 1933; as to companies under the jurisdiction of the Georgia Public Service Commission the Acts of the General Assembly of Georgia as follows: Ga. Laws 1907, pp. 72, 79; Ga. Laws 1946, pp. 726, 756 (Section 93-416, Georgia Code
Annotated).'"
And by adding a new section to be numbered 95 and to read as follows:
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"Section 95. Said Act is further amended by inserting in paragraph (2) of subsection (d) of Section 22-803 after the phrase "the official organ of said county" and before the phrase "(as of date" the phrase "or which is a newspaper of general circula tion published within said county"
And by adding a new section to be numbered 96 and to read as follows:
"Section 96. This Act shall become effective April 1, 1969, or at such later date as the same shall be approved by the Governor or otherwise becomes law."
And by adding a new section to be numbered 97 and to read as follows:
"Section 97. All laws and parts of laws in conflict with this Act are hereby repealed."
Senator Vann of the 10th offered the following amendment to the committee amendment:
Amend HB 593 by amending Section 96 of Committee amendment by striking the date "April 1, 1969" and inserting in lieu thereof the date "July 1, 1969,"
And by adding a new section to be entitled Section 98 to read as follows:
"The effective date of new "Georgia Business Corporation Code' and the 'Georgia Nonprofit Corporation Code' approved April 3, 1968 (Ga. Laws 1968, p. 565) is deferred until July 1, 1969,"
On the adoption of the amendment to the committee amendment, 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:
Abney Adams of 5th Chapman Coggin Cox Doss Eldridge Fincher of 51st
Fincher of 54th Garrard Gillis Hardy Hensley Holley Holloway Johnson
Kennedy Riley Searcey Starr Trippe Vann Young Zipperer
FRIDAY, MARCH 21, 1969
Those voting in the negative were Senators:
Andrews Bateman Broun of 46th Brown of 47th Carter Dean Hill Hudgins Jackson Kidd London
Maclntyre McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds Rowan Scott
1629
Smalley Smith of 18th Smith of 34th Spinks Stephens Tysinger Walling Ward Webb
The roll call was verified.
On the adoption of the amendment to the committee amendment, the ayes were 24, nays 31, and the amendment was lost.
On the adoption of the committee amendment, the ayes were 46, nays 0, and the amendment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend HB 593 by adding a new section to be numbered 98 and to read as follows:
"98. Said Act is further amended by striking in subsection (a) of 22-802 the word 'representative' and by substituting in lieu thereof the word 'attorney'"
And by adding a new section to be numbered 99 and to read as follows:
"99. Said Act is further amended by striking subsection (a) of Section 22-1801 in its entirety and by substituting in lieu there of the following:
'(a) Each corporation, domestic or foreign that fails or re fuses to file its annual report for any year shall be penalized $50 for each year in which it so fails or refuses.'"
And by adding a new section to be numbered 100 and to read as follows:
"100. Said Act is further amended by inserting in subsection (a) of Section 22-1313 after the phrase 'articles of dissolution, ac-
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companied' and before the phrase 'by a notice' the phrase 'by the corporation's certification that all taxes have been paid and'."
On the adoption of the amendment, the ayes were 46, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolutions were read and adopted:
SR 141. By Senators Johnson of the 38th, Garrard of the 37th, Stephens of the 36th, Hardy of the 56th, Maclntyre of the 40th and Ward of the 39th:
A resolution commending Franklin C. (Pepper) Rodgers, Jr.; and for other purposes.
SR 144. By Senators Gillis of the 20th and Hill of the 29th:
A resolution urging the United States Department of Agriculture to name the Southeastern Agricultural Research Laboratory the "Richard B. Russell Laboratory"; and for other purposes.
The following resolution of the Senate was taken up for the purpose of considering House action thereto:
SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th:
A resolution creating the "Constitution Revision Commission"; and for other purposes.
The House Committee on Judiciary offered the following substitute:
A RESOLUTION
Creating the "Constitution Revision Commission"; and for other purposes.
WHEREAS, in 1945 the people of Georgia ratified a new Constitu tion for this State; and
FRIDAY, MARCH 21, 1969
1631
WHEREAS, while purporting to be a fundamental charter of Gov ernment, said Constitution has proven, because of minute detail and
needless specificity, to be more in the nature of a municipal code of laws, necessitating an inordinate number of local and general amend ments each year; and
WHEREAS, since 1945, said Constitution has been amended over 648 times, of which more than 541 were local in nature; and
WHEREAS, it is meet and proper that the Supreme Law of the State embrace only those fundamental principles of liberty and justice which lie at the base of all civil and political institutions, and guar antee inviolate the basic concepts of freedom and governmental organi zation, leaving to legislation and ordinances those ephemeral matters of detail and implementation; and
WHEREAS, the present Constitution not only renders too difficult of change those matters more properly defined by statute, but also serves to deliberate the state and its political subdivisions, thereby rendering the state unable to assume its full measure of responsibility, to the corresponding detriment and diminution of State's Rights; and
WHEREAS, the great principles of freedom of speech, freedom of the press, freedom of religion and all other guarantees of the Bill of Rights can best be preserved under a federal system of indestructible states possessed of sufficient powers to solve their own internal prob
lems.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Consti tution Revision Commission'. The Commission shall be composed of twenty-five members as follows:
The Governor.
The Lieutenant Governor.
The Speaker of the House of Representatives.
The Attorney General.
The Legislative Counsel.
Five members of the House of Representatives to be appointed by the Speaker.
Five members of the Senate to be appointed by the President.
Ten members to be appointed by the Governor.
The members of the Commission who are to be appointed shall be appointed within sixty days after the approval of this Resolution by the Governor or after it otherwise becomes law. In the event any ap pointment, (which is to be made by someone other than the Governor), is not made within sixty days after this Resolution becomes law, the
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Governor may make the appointment. Any member of the Commission appointed by virtue of his position, upon ceasing to occupy such posi tion, shall no longer serve as a member of the Commission, and a suc cessor member shall be appointed in the same manner and by the same person as in the case of the original appointment. Other vacancies oc curring from any cause shall be filled in like manner.
The Governor shall be Chairman of the Commission and shall pre side at meetings thereof. In the absence of the Governor, the Lieu tenant Governor shall preside. In the absence of both the Governor and
the Lieutenant Governor, the Speaker of the House shall preside. The Commission shall meet within forty-five days after all members have been appointed for the purposes of organizing, electing such other officers as it deems advisable, and adopting procedures for its opera tion. The date of the organizational meeting shall be fixed by the Chairman who shall give ample notice to the members as to the date, time, and place of such meeting. Future meetings shall be held upon call of the Chairman and under such other procedures as may be adopted by the Commission. The Commission, at its organizational meet ing, shall determine a quorum. The Governor is authorized to appoint committees from the members of the Commission to perform such duties as he shall determine.
The Commission shall conduct a thorough study of the Constitu tion and related matters with reference to a revision thereof, and shall revise the present Constitution, either by amendments thereto, a newConstitution, or in such other manner as the Commission shall decide. The Commission shall compare the Georgia Constitution with the Con stitutions of other States with particular emphasis on seeking a de termination as to the procedure followed in other states in holding Constitutional amendments to a minimum number. The Commission and Committees are hereby authorized to hold hearings at such times and places and in such manner as the Commission and Committees shall decide. Upon completion of its work, the Commission shall make a report of its findings and recommendations, which report shall be ac companied by proposed legislation. The Commission shall provide for the recording and publication of all or part of its proceedings. In order that the duties of the Commission may be performed more efficiently, the Chairman, with the advice and consent of the Commission, is here by authorized to employ clerical, professional, legal, and other personnel as shall be deemed necessary and fix the compensation therefor. The Commission shall be assigned suitable quarters in the State Capitol or elsewhere, and is hereby authorized to expend such funds as may be required to perform its duties hereunder. The Commission is hereby authorized to procure materials, supplies, and equipment for carrying-
out the purposes of this Resolution.
The Governor, the Lieutenant Governor, the Attorney General and the Legislative Counsel, shall receive no compensation or per diem for their services but shall be reimbursed for all expenses incurred in carrying out their duties hereunder. All such officials shall be reim bursed from the same funds from which they are otherwise compensated. The other members of the Commission shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The other members of the Com-
FRIDAY, MARCH 21, 1969
1633
mission shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government and from any other appropriations or available funds. All funds, except as provided herein, which are necessary to effectuate the purposes of this Reso lution, shall come from the funds appropriated to or available to the Legislative Branch of the Government and from any other appropria tions or available funds. No expenditures will be made in excess of $75,000.
The Commission is hereby authorized to make and distribute re ports from time to time relative to the progress of its work, but shall complete its work and submit its final report on or before December 1, 1969, on which date the Commission shall stand abolished.
The findings and recommendations and any report of the proceed ings of the Commission shall be filed with each House of the General Assembly and a copy furnished to each Member of the General Assem bly. Any proposed revision, or any amendment to the existing Constitu tion, shall only be proposed and submitted to the people after having been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly.
Senator Webb of the llth moved that the Senate agree to the House sub stitute to SR 10.
On the motion, the ayes were 37, nays 2.
The motion prevailed, and the House substitute was agreed to.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 719. By Messrs. Harris of the 77th and Lee of the 61st: A bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 719 by striking in the caption the phrase "the defini tion and"
And by striking in Section 1 all after the phrase "to read as fol lows:" and by substituting in lieu thereof the following:
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JOURNAL OP THE SENATE,
"26-1902. Armed Robbery. A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. A person convicted of armed robbery shall he punished by death or imprisonment for life, or by imprisonment for not less than one nor more than twenty (20) years."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Lambert of the 25th, and Parker of the 46th:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to pro vide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
Senator Smith of the 18th moved that the Senate insist on its amendment to HB 564.
On the motion, the ayes were 40, nays 0, and the motion prevailed.
Senator Broun of the 46th asked unanimous consent that the Senate suspend the rules governing executive sessions and confirm the appointments of the Governor in regular session.
Senator Smith of the 18th objected.
Senator Rowan of the 8th asked the Secretary to read Senate Rule 40. The Rule was read. Senator Rowan of the 8th inquired of the Chair whether or not a motion would be in order to suspend the Rules of the Senate and con firm the appointments of the Governor in open session.
FRIDAY, MARCH 21, 1969
1635
The Chair ruled the motion out of order, stating that although Rule 40 was applicable, the motion would have the effect of amending the Rules of the Senate and, therefore, under Senate Rule 240 would have to be first referred to the Committee on Rules.
Senator Coggin of the 35th moved that the Senate resolve itself into executive session for the purpose of considering a communication from His Excellency, Governor Lester Maddox.
The motion prevailed, and the Senate resolved itself into executive session.
The executive session was dissolved, and the Senate resumed the regular order of business.
The following communication was dispatched to His Excellency, Governor Lester Maddox:
OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334
March 21, 1969
Honorable Lester G. Maddox, Governor State Capitol Atlanta, Georgia
Dear Governor:
Under the rules governing Executive Sessions of the Georgia State Senate, I have the honor to report to you as follows:
Nominations sent to the Senate by you on March 12, 1969, March 13, 1969, March 17, 1969, and March 20, 1969, were acted on in Execu tive Session on March 21, 1969, with the following results:
Honorable Harry Pfiffner of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Gerhard Magnus of Clarke County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and end ing March 3, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable George Beiswanger of DeKalb County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Roy Courington of Chatham County as a member of the Geor gia Commission on the Arts for a term beginning March 3, 1969, and
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JOURNAL OF THE SENATE,
ending March 3, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Lawton Davis of Habersham County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Joseph S. Perrin of DeKalb County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Travis Rhodes of Whitfield County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Gudmund Vigetl of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Frank L. Forrester of Thomas County as a member of the State Board of Accountancy for a term beginning December 19, 1968, and ending June 30, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James R. Champlin of Clarke County as a member of the State Commission on Aging for a term beginning July 15, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Searcey S. Garrison of Fulton County as a member of the State Commission on Aging for a term beginning July 15, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Calvin Stovall of Habersham County as a member of the State Commission on Aging for a term beginning July 15, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. R. Yates of Fulton County, as a member of the State Commission on Aging for a term beginning July 15, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable V. C. Leathers of DeKalb County as a member of the State Commission on Aging for a term beginning September 19, 1968, and ending July 1, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James C. Dunaway of DeKalb County as a member of the State Commission on Aging for a term beginning September 19, 1968, and ending July 1, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
FRIDAY, MARCH 21, 1969
1637
Honorable Alton Fendley of Clay County as a member of the Area Planning and Development Advisory Committee for a term beginning April 17, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was con firmed.
Mrs. B. D. Adams of Fulton County as a member of Nominating Panel to the Georgia Commission on the Arts for a term beginning November 20, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Lamar Dodd of Clarke County as a member of the Nomi nating Panel to the Georgia Commission on the Arts for a term be ginning November 20, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Edward S. Shorter of Muscogee County as a member of the Nominating Panel to the Georgia Commission on the Arts for a term beginning November 20, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Wyndell Taylor of Muscogee County as a member of the Georgia Art Commission for a term beginning October 31, 1968, and ending December 31, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Alex Wainer of Lowndes County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Charles Counts of Dade County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Lamar Dodd, of Clarke County, as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James H. Finch of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert Shaw of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Leland Staven of DeKalb County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969,
1638
JOURNAL OF THE SENATE,
and ending March 3, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Wyndell L. Taylor of Muscogee County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1969, and ending March 3, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. J. Gofer, Jr. of Glynn County as a member of the Atlantic States Marine Fisheries Commission for a term beginning June 20, 1968, and ending May 18, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Donald Wade of Bacon County as a member of the Geor gia State Board of Barbers for a term beginning July 29, 1968, and ending May 13, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. H. Sol Clark of Chatham County as a member of the State Board for Children and Youth for a term beginning March 15, 1968, and ending July 1, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Reverend Guy K. Hutcherson of Dougherty County as a member of the State Board for Children and Youth for a term beginning June 13, 1968, and ending July 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Reverend G. Othell Hand of Muscogee County as a member of the State Board for Children and Youth for a term beginning August 7, 1968, and ending July 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Roy P. Otwell, Sr., of Forsyth County as a member of the State Board for Children and Youth for a term beginning February 6, 1969, and ending July 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. D. M. Livingston of Polk County as a member of the Georgia Board of Chiropractic Examiners for a term beginning August 20, 1968, and ending August 20, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Hoyt B. Duke of Richmond County as a member of the Georgia Board of Chiropractic Examiners for a term beginning October 3, 1968, and ending September 8, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Lee Arrendale of Habersham County as a member of the State Board of Corrections for a term beginning July 3, 1968, and ending November 27, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable E. B. Register of Tattnall County as a member of the State Board of Corrections for a term beginning December 4, 1968, and ending November 27, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
FRIDAY, MARCH 21, 1969
1639
Honorable Clifford O. Cottingham of Fulton County as a member of the Georgia State Board of Cosmetology for a term beginning July 29, 1968, and ending May 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Ruth Reddy of Lowndes County as a member of the Georgia State Board of Cosmetology for a term beginning July 29, 1968, and ending May 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. E. Wayne Satterfield of Clarke County as a member of the Board of Dental Examiners of Georgia for a term beginning March 15, 1969, and ending March 15, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Fred E. Beall of Bibb County as a member of the Board of Dental Examiners of Georgia for a term beginning March 15, 1969, and ending March 15, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jack B. Ray of Warren County as a member of the Georgia Development Authority for a term beginning July 9, 1968, and ending July 1, 1976. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John D. Comer of Bibb County as a member of the Higher Education Facilities Commission for a term beginning October 31, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Waights G. Henry of Troup County as a member of the Higher Education Facilities Commission for a term beginning De cember 4, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was con firmed.
Honorable Joseph A. Whittle of Glynn County as a member of the Georgia Educational Improvement Council for a term beginning July 3, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Braswell Dean of Bacon County as a member of the State Election Board for a term beginning May 8, 1968, and ending May 8, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable S. Jarvin Levison of Fulton County as a member of the State Election Board for a term beginning May 8, 1968, and ending May 8, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John L. Hutson of Cobb County as a member of the State Election Board for a term beginning February 13, 1969, and ending May 8, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1640
JOURNAL OF THE SENATE,
Honorable John Pierce Blanchard of Columbia County as a mem ber of the Board of Review, Employment Security Agency, for a term beginning April 1, 1968, and ending November 14, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Frank A. Constangy of Fulton County as a member of the Board of Review, Employment Security Agency, for a term be ginning November 14, 1968, and ending November 14, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was con firmed.
Honorable Morris L. Shadburn of DeKalb County as a member of the Board of Registration for Professional Engineers and Land Sur veyors for a term beginning June 1, 1968, and ending June 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. S. (Bo) Coogler of Elbert County as a member of the State Board of Family and Children Services for a term beginning May 23, 1968, and serving concurrent with the term of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Hoyle R. Yandle of Toombs County as a member of the State Board of Family and Children Services for a term beginning May 23, 1968, and serving concurrent with the term of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John Reginald Davis of Fulton County as a member of the Food Service Advisory Council for a term beginning December 9, 1968, and ending July 1, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Gordon Hall of Emanuel County as a member of the Georgia Forest Research Council for a term beginning October 2, 1968, and ending January 1, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. H. I. Conner of Toombs County as a member of the Georgia Forest Research Council for a term beginning January 30, 1969, and ending January 1, 1978. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Eley C. Frazer of Dougherty County as a member of the State Board of Registration for Foresters for a term beginning December 18, 1968, and ending March 19, 1973. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Walter George Beasley of Franklin County as a mem ber of the State Forestry Commission for a term beginning February 28, 1969, and ending January 1, 1976. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Clifford M. Clarke of DeKalb County as a member of the Forward Georgia Commission for a term beginning November 20,
FRIDAY, MARCH 21, 1969
1641
1968, and serving at the pleasure of the Governor. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Mills B. Lane of Fulton County as a member of the Forward Georgia Commission for a term beginning November 20, 1968, and serving at the pleasure of the Governor. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Honorable E. Y. Chapin, III, of Walker County as a member of the Forward Georgia Commission for a term beginning November 20, 1968, and serving at the pleasure of the Governor. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Honorable M. Larry Hancock of Sumter County as a member of the Georgia State Board of Funeral Service for a term beginning July 29, 1968, and ending February 13, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Wesley A. Carr of Richmond County as a member of the Board of Health for a term beginning July 9, 1968, and ending July 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. John D. Marshall of Mitchell County as a member of the Board of Health for a term beginning July 9, 1968, and ending July 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable Carl E. Pruett of Spalding County as a member of the Board of Health for a term beginning July 9, 1968, and ending July 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable Bob Wesley Dean of Fulton County as a member of the State Board of Examiners of Warm Air Heating Contractors for a term beginning October 11, 1968, and ending March 29, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Wallace Adams of Wheeler County as a member of the Charles H. Herty Foundation for a term beginning February 19, 1969, and ending February 19, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. Auvel Stewart of Thomas County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Alvin D. Phillips, Sr. of Catoosa County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Reverend Frank Nails of Glynn County as a member of the Hos pital Advisory Council for a term beginning August 6, 1968, and end ing July 1, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1642
JOURNAL OP THE SENATE,
Honorable Reeder Tucker of Franklin County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. J. Curtis Lane of Bulloch County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July I, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Norman D. Burkett of Whitfield County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. L. White, Jr., of Pickens County as a member of the Hospital Advisory Council for a term beginning August 7, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John K. Wingfield of DeKalb County as a member of the Hospital Advisory Council for a term beginning August 14, 1968, and ending July 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Allan Woodall, Jr. of Muscogee County as a member of the Board of Commissioners of the Department of Industry and Trade for a term beginning August 16, 1968 and ending April 1, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. L. Rhodes, Jr. of Greene County as a member of the Advisory Committee on Interstate Forest Fire Protection Compact for a term beginning October 31, 1968, and ending November 2, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Russell Phillips of Gwinnett County as a member of the Lake Lanier Islands Development Authority for a term beginning July 9, 1968, and ending May 15, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Thomas G. Williams of Oglethorpe County as a mem ber of the Georgia State Board of Landscape Architects for a term beginning August 29, 1968, ad ending April 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. A. B. Smith of Clayton County as a member of the State Board for the Certification of Librarians for a term beginning October II, 1968, and ending December 31, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. William P. Pirkle of Fulton County as a member of the State Literature Commission for a term beginning June 20, 1968, and ending April 1, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
FRIDAY, MARCH 21, 1969
1643
Dr. Earl A. Mayo of Stewart County as a member of the State Board of Medical Examiners for a term beginning October 31, 1968, and ending September 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Louis 0. J. Manganiello of Richmond County as a member of the State Board of Medical Examiners for a term beginning October 31, 1968, and ending September 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Lew R. Cooper of White County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Amilee Graves of Habersham County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1970. The vote on this confirmation was ayes 54, nays 0 and the nominee was confirmed.
Honorable John Bankson of Chattanooga County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. M. Stewart of Habersham County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Natt Maddox of Stephens County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Gene Addy of Stephens County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. H. Warner, Jr. of White County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1968, and ending April 4, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Leonard M. George of Union County as a member of the North Georgia Mountains Authority for a term beginning April 15, 1968, and ending April 4, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable L. Edd Travis of Hall County as a member of the North Georgia Mountains Authority for a term beginning July 9, 1968, and ending April 4, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1644
JOURNAL OF THE SENATE,
Honorable Lew R. Cooper of White County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Amilee Graves of Habersham County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John Bankson of Chattooga County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. M. Stewart of Habersham County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Natt Maddox of Stephens County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Gene Addy of Stephens County as a member of theNorth Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. H. Warner, Jr. of White County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1968, and ending April 4, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Leonard M. George of Union County as a member of the North Georgia Mountains Commission for a term beginning April 15, 1968, and ending April 4, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable L. Edd Travis of Hall County as a member of the North Georgia Mountains Commission for a term beginning July 9, 1968, and ending April 4, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Doris Bates of Chatham County as a member of the Board of Examiners of Nurses for Georgia for a term beginning January 6, 1969, and ending September 23, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Mary M. Wright of Baldwin County as a member of the Board of Examiners of Practical Nurses of Georgia for a term begin-
FRIDAY, MARCH 21, 1969
1645
ning October 31, 1968, and ending April 1, 1969. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Arthur G. Hansen of Fulton County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning Oc tober 31, 1968, and ending March 8, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable William Jennings Murphy of Richmond County as a member of the State Board of Dispensing Opticians for a term begin ning April 18, 1968, and ending March 16, 1972. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert Donald Caldwell of Bibb County as a member of the State Board of Dispensing Opticians for a term beginning April 29, 1968, and ending March 16, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. W. R. Gilbert of Spalding County as a member of the Georgia State Board of Examiners in Optometry for a term beginning September 25, 1968, and ending September 6, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. H. D. Hardwick of Tift County as a member of the Georgia State Board of Examiners in Optometry for a term beginning Septem ber 25, 1968, and ending September 6, 1971. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Dr. Evan P. Davis of Columbia County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning No vember 20, 1968, and ending September 10, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. A. R. Haight of DeKalb County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning No vember 20, 1968, and ending September 10, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee 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 November 20, 1968, and ending September 10, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable L. R. Turpen, Jr. of Habersham County as a member of the Georgia State Board of Pharmacy for a term beginning Novem ber 1, 1968, and ending November 1, 1973. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Honorable George McCluskey of Muscogee County as a member of the Board of Physical Therapy for a term beginning November 20, 1968, and ending August 30, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1646
JOURNAL OF THE SENATE,
Dr. A. R. Pitts, Jr. of Lowndes County as a member of the State Board of Podiatry Examiners for a term beginning November 20, 1968, and ending May 5, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Major B. G. Ragsdale of Fulton County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and end ing July 15, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James E. Barnett of Fulton County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Major S. W. Brown of Muscogee County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and end ing July 15, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable W. A. Robinson of DeKalb County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Arthur L. Culver of Fulton County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Lt. H. A. Poole of Fulton County as a member of the Board of Polygraph Examiners for a term beginning July 15, 1968, and ending July 15, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable R. E. Hamilton of Whitfield County as a member of the Georgia Ports Authority for a term beginning April 4, 1968, and ending June 30, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert C. Norman of Richmond County as a member of the Georgia Ports Authority for a term beginning July 1, 1968, and ending June 30, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Warren G. Findley of Clarke County as a member of the State Board of Examiners of Psychologists for a term beginning Oc tober 31, 1968, and ending March 27, 1971. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Dr. John R. McLaren of DeKalb County as a member of the Radia tion Control Council for a term beginning October 31, 1968, and end-
FRIDAY, MARCH 21, 1969
1647
ing July 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Anton Huber II of Colquitt County as a member of the Georgia Recreation Commission for a term beginning August 2, 1968, and ending June 29, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Luke R. Rushton, Sr. of Towns County as a member of the Georgia Recreation Commission for a term beginning August 2, 1968, and ending June 29, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable William R. Tiller of Columbia County as a member of the Georgia Recreation Commission for a term beginning August 2, 1968, and ending June 29, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert K. Brown of Fulton County as a member of the Georgia Recreation Commission for a term beginning August 2, 1968, and ending June 29, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James R. Champlin of Clarke County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. H. Douglas Leavitt of Bulloch County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Bruce R. Prosser of Baldwin County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Rodney H. Blaylock of Dougherty County as a mem ber of the Board of Recreation Examiners for a term beginnnig April 22, 1968, and ending April 22, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert K. Brown of Fulton County as a member of the Board of Recreation Examiners for a term beginning April 22, 1968, and ending April 22, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. B. Watson of Fulton County as a member of the Board of Recreation Examiners for a term beginning October 3, 1968, and ending April 22, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1648
JOURNAL OF THE SENATE,
Honorable Garnett H. Dehart of Fulton County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning November 21, 1968, and ending April 24, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Charles L. Williams of Floyd County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning November 21, 1968, and ending April 24, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Arthur G. Hansen of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Lloyd E. Frisbee of Cobb County as a member of the Georgia Science and Technology Commission for a term beginningOctober 11, 1968, and ending April 1, 1970. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Dr. James L. Goddard of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Fred C. Davison of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Rhodes Haverty of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Glen P. Robinson, Jr. of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning' October 11, 1968, and ending April 1, 1974. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Dr. James E. Boyd of Carroll County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Phil Campbell of Oconee County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
FRIDAY, MARCH 21, 1969
1649
Dr. Edwin D. Harrison of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Dr. Charles T. Lester of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. A. H. Letton of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Frank Malone of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning Oc tober 11, 1968, and ending April 1, 1974. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Dr. Harry B. O'Rear of Richmond County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Dr. William M. Suttles of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. J. Frank Sutton of Cobb County as a member of the Georgia Science and Technology Commission for a term beginning October 11, 1968, and ending April 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Thomas D. Jarrett of Fulton County as a member of the Geor gia Science and Technology Commission for a term beginning January 8, 1969, and ending April 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. Mac Barber of Jackson County as a member of the Georgia Science and Technology Commission for a term beginning Jauary 8, 1969, and ending April 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jim L. Gillis, Jr. of Treutlen County as a member of the State Soil and Water Conservation Committee for a term beginning February 3, 1969, and ending January 1, 1973. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Lamar Franklin of Cobb County as a member of the State Soil and Water Conservation Committee for a term beginning
1650
JOURNAL OF THE SENATE,
February 3, 1969, and ending January 1, 1973. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. M. Higginbotham of Franklin County as a member of the State Soil and Water Conservation Committee for a term be ginning February 3, 1969, and ending January 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Fred Statham of Sumter County as a member of the State Soil and Water Conservation Committee for a term beginning February 3, 1969, and ending January 1, 1973. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable David Kistner of Gwinnett County as a member of the State Soil and Water Conservation Committee for a term beginning February 3, 1969, and ending January 1, 1973. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Chappelle Matthews of Clarke County as a member of the Board of Control for Southern Regional Education, for a term be
ginning September 10, 1968, and ending June 30, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Lane Mitchell of Fulton County as a member of the Stone Mountain Memorial Association for a term beginning February 25, 1969, and ending February 24, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Lane Mitchell of Fulton County as a member of the Stone Mountain Memorial Committee for a term beginning February 25, 1969, and ending February 24, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable R. W. Weaver of Wilkinson County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Stanley T. Smith of Thomas County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John W. Hale of Clayton County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jack A. Crockford of DeKalb County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
FRIDAY, MARCH 21, 1969
1651
Honorable R. S. Howard, Jr. of Fulton County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Cecil W. Chapman of Clarke County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Sanford P. Darby of Bibb County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable W. R. Daniel of Thomas County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, end ending April 12, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Paul F. Thiele of Washington County as a member of the Surface Mined Land Use Board for a term beginning April 12, 1968, and ending April 12, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable A. Ray Shirley of Bibb County as a member of the Surface Mined Land Use Board for a term beginning August 22, 1968, and ending April 12, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jesse H. Auvil of Fulton County as a member of the Surface Mined Land Use Board for a term beginning September 23, 1968, and ending April 12, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Lamar Franklin of Cobb County as a member of the Surface Mined Land Use Board for a term beginning November 19, 1968, and ending April 12, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Glenn McCullough of Cobb County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Fred Zapico of Glynn County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1652
JOURNAL OF THE SENATE,
Honorable M. O. Ryan of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gover nor. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable Eric Holmes of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gover nor. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable Ed England of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Alvin Davis of Jackson County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Listen Elkins of Ware County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Mozelle Christian of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Steve Styron of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jack Hardy of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Richard C. Borden of Gordon County as a member of the Governor's Advisory Commission on Travel Development for a
term beginning September 6, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
FRIDAY, MARCH 21, 1969
1653
Honorable Ford Spinks of Tift County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Clack Tucker of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable George Evoy of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable Frank Allcorn of Meriwether County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Horace Caldwell of Glynn County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable W. B. Fry of Lumpkin County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John Culver of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gover nor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Ovid Davis of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gover nor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Osgood Willis of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1654
JOURNAL OF THE SENATE,
Honorable Millard Beckum of Richmond County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable William Dawson of Fulton County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nomi
nee was confirmed.
Honorable Carl Vann of Muscogee County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Walter Vickers of Chatham County as a member of the Governor's Advisory Commission on Travel Development for a term beginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Grace Watkins of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gover nor. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable Bob Hannah of Fulton County as a member of the Gov ernor's Advisory Commission on Travel Development for a term be ginning September 6, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Duncan Gillis of DeKalb County as a member of the Governor's Advisory Commission on Travel Development for a term beginning October 3, 1968, and serving at the pleasure of the Gover nor. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable Paul E. Bunch of Chatham County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Harry Crews of Dougherty County as a member of the State Board of Registration for Used Car Dealers for a term begin ning May 20, 1968, and ending May 20, 1971. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable T. Mack Day of Muscogee County as a member of the
FRIDAY, MARCH 21, 1969
1655
State Board of Registration for Used Car Dealers for a term beginningMay 20, 1968, and ending May 20, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable I. Bashinski, Jr. of Fulton County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable William E. Clark of Fulton County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James F. Smith of Bibb County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable L. F. (Johnny) Pye of Whitfield County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Woodrow W. Floyd of Glynn County as a member of the State Board of Registration for Used Car Dealers for a term be ginning May 20, 1968, and ending May 20, 1969. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. H. Andrews, Jr., of Richmond County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable L. O. (Pete) Henson of Hall County as a member of the State Board of Registration for Used Car Dealers for a term beginning May 20, 1968, and ending May 20, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. M. E. Nunnery of Richmond County as a member of the Board of Veterinary Medicine for a term beginning September 19, 1968, and ending September 16, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Millard A. Beckum, Sr. of Richmond County as a mem ber of the State Water Quality Control Board for a term beginningSeptember 26, 1968, and ending July 1, 1972. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Hugh Logan of Clarke County as a member of the State Water Quality Control Board for a term beginning October 3, 1968, and ending July 1, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1656
JOURNAL OP THE SENATE,
Honorable Jack V. Dorsey of DeKalb County as a member of the State Board of Workmen's Compensation for a term beginning Janu ary 21, 1969, and ending January 12, 1972. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Dr. A. P. Jones of Spalding County as a member of the Work men's Compensation Medical Board for a term beginning April 17, 1968, and ending March 30, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. John T. Godwin of Fulton County as a member of the Work men's Compensation Medical Board for a term beginning September 19, 1968, and ending March 30, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James R. Golden of Fulton County as a member of the Governor's Traffic Safety Study Committee for a term beginning June 12, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Edmund W. Hughes of Fulton County as a member of the Governor's Traffic Safety Study Committee for a term beginning June 12, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was con firmed.
Honorable Ray Pope of Ware County as a member of the Gover nor's Traffic Safety Study Committee for a term beginning June 12, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Fleming L. Jolley of DeKalb County as a member of the Gov ernor's Traffic Safety Study Committee for a term beginning June 12, 1968, and serving at the pleasure of the Governor. The vote on this
confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Norman M. Shipley of Cobb County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Honorable Curtis V. Tillman of DeKalb County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Edwin S. Kemp of Clayton County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert S. Stubbs of DeKalb County as a member of the Juvenile Court Law Study Commission for a term beginning June 20,
FRIDAY, MARCH 21, 1969
1657
1968, and ending December 31, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Lindsey Cowen of Clarke County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968, and ending December 31, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Glen W. Clark of Bibb County as a member of the Juvenile Court Law Study Commission for a term beginning June 20, 1968. and ending December 31, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Joseph Holmes of Polk County as a member of the Georgia Study Commission of Law Enforcement Officer Standards and Education for a term beginning May 13, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Arthur K. Bolton of Spalding County as a member of the Commission on State Boundaries for a term beginning January 16, 1969. and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Ben W. Fortson, Jr. of Wilkes County as a member of the Commission on State Boundaries for a term beginning January 16, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert W. Harrison, Jr. of Camden County as a mem ber of the Commission on State Boundaries for a term beginning Janu ary 16, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John E. Mock of Fulton County as a member of the Commission on State Boundaries for a term beginning January 16, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable F. L. Baker, Jr. of Rome, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Thomas J. Barnette of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Albert Billingslea of Macon, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1658
JOURNAL OF THE SENATE,
Honorable William Holmes Borders of Atlanta, Georgia, as a mem ber of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable T. E. Carter of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Clarence H. Collier of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Gary Franklin of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable William James Goldin of Atlanta, Georgia, as a mem ber of the Citizens Penal Reform Commission for a term beginning1 April 8, 1968, and ending December 20, 1968. The vote on this confirma tion was ayes 54, nays 0, and the nominee was confirmed.
Honorable T. Mills Harrison of Swainsboro, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. M. Hinton, Jr. of Augusta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jerry Hunt of Rossville, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Howard Jordan, Jr. of Savannah, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation, was ayes 54, nays 0, and the nominee was confirmed.
Honorable Dillard Munford of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8,. 1968 and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Carl A. Standard of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8,
FRIDAY, MARCH 21, 1969
1659
1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. Park Tucker of College Park, Georgia, as a mem ber of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable William H. Turpin of Columbus, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Charles E. Walker of Columbus, Georgia, as a mem ber of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Douglas Weathers of Savannah, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable George V. Werner of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James P. Wesberry of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Grant Wilmer of Atlanta, Georgia, as a member of the Citizens Penal Reform Commission for a term beginning April 8, 1968, and ending December 20, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. Clayton Turner of DeKalb County as State Super visor of Purchases for a term beginning November 17, 1968, and end ing November 17, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Walter F. Kiley of Chatham County as a member of the State Board for Examination, Qualification and Registration of Architects for a term beginning March 13, 1969, and ending March 5, 1974. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Dr. Harold C. Walraven, Jr. of Fulton County as a member of the Board of Dental Examiners of Georgia for a term beginning March 13, 1969, and ending August 1, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
1660
JOURNAL OF THE SENATE,
Dr. Robert E. Brady of Muscogee County as a member of the Board of Dental Examiners of Georgia for a term beginning March 13, 1969, and ending August 1, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Hugh Eugene Tudor of Richmond County as a member of the Food Service Advisory Council for a term beginning March 13, 1969, and ending December 31, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Allyn M. Herrick of Clarke County as a member of the State Board of Registration for Foresters for a term beginning March 19, 1969, and ending March 19, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. B. Hightower of Haralson County as a member of the Georgia State Board of Funeral Service for a term beginning March 13, 1969, and ending February 13, 1975. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jimmie Williamson of Mclntosh County as a member of the State Game and Fish Commission for a term beginning March 13, 1969, and ending January 1, 1976. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable L. B. Bassford of Richmond County as a member of the State Game and Fish Commission for a term beginning March 13, 1969, and ending January 1, 1976. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Charles Thurmond of Hall County as a member of the Lake Lanier Islands Development Authority for a term beginning May 15, 1969, and ending May 15, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert J. Hill of Clarke County as a member of the Georgia State Board of Landscape Architects for a term beginning April 1, 1969, and ending April 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Miss Sarah E. Maret of Clarke County as a member of the State Board for the Certification of Librarians for a term beginning March 13, 1969, and ending January 1, 1974. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. William P. Pirkle of Fulton County as a member of the State Literature Commission for a term beginning April 1, 1969, and ending April 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Hubert L. Dyar of Fulton County as a member of the State Literature Commission for a term beginning April 1, 1969, and
FRIDAY, MARCH 21, 1969
1661
ending April 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. James P. Wesberry of Fulton County as a member of the State Literature Commission for a term beginning April 1, 1969, and ending April 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee 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 April 1, 1969, and ending April 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Mary M. Wright of Baldwin County as a member of the Board of Examiners of Practical Nurses of Georgia for a term begin ning April 1, 1969, and ending April 1, 1973. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Galen B. Kilburn of Fulton County as a member of the State Board of Dispensing Opticians for a term beginning March 16, 1969, and ending March 16, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. E. Walker of Muscogee County as a member of the Georgia Ports Authority for a term beginning March 13, 1969, and ending June 30, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Robert M. Hughes of Fulton County as a member of the State Board of Examiners of Psychologists for a term beginning March 27, 1969, and ending March 27, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Hugh H. Howell, Jr. of DeKalb County as a member of the State Board of Veterans Service for a term beginning April 1, 1969, and ending April 1, 1976. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Hubert Dollar of Decatur County as a member of the Georgia Ports Authority for a term beginning March 12, 1969, and ending June 30, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Curtis Lewis of Savannah, Georgia, as a member of the Committee to Study the Feasibility of Establishing a State Department of Urban and Municipal Affairs for a term beginning November 20, 1968, and ending December 1, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. George Manners of Atlanta, Georgia, as a member of the Com mittee to Study the Feasibility of Establishing a State Department of Urban and Municipal Affairs for a term beginning November 20, 1968,
1662
JOURNAL OP THE SENATE,
and ending December 1, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable A. C. Marshall of Atlanta, Georgia, as a member of the Committee to Study the Feasibility of Establishing a State Department of Urban and Municipal Affairs for a term beginning November 20, 1968, and ending December 1, 1968. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. M. Wallace, Jr. of Atlanta, Georgia, as a member of the Committee to Study the Feasibility of Establishing a State Department of Urban and Municipal Affairs for a term beginning November 20, 1968, and ending December 1, 1968. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. Oliver Welch of Atlanta, Georgia, as a member of the Committee to Study the Feasibility of Establishing a State De partment of Urban and Municipal Affairs for a term beginning No vember 20, 1968, and ending December 1, 1968. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. William Studer of Fulton County as a member of the Higher Education Assistance Corporation for a term beginning March 15, 1969, and ending March 15, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James McCallum of Coffee County as a member of the Higher Education Assistance Corporation for a term beginning March 15, 1969, and ending March 15, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Gordon Hall of Emanuel County as a member of the Georgia Forest Research Council for a term beginning March 13, 1969, and ending January 1, 1978. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Harold Lummus of Muscogee County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning March 13, 1969, and ending November 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. V. Skinner of Bibb County as a member of the Ad visory Council for Comprehensive Health Planning for a term beginningMarch 13, 1969, and ending November 1, 1970. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John Cromartie of Hall County as a member of the Advisory Council for Comprehensive Health Planning for a term be ginning March 13, 1969, and ending November 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Hunter M. Clay of Chatham County as a member of the Ad visory Council for Comprehensive Health Planning for a term be-
FRIDAY, MARCH 21, 1969
1663
ginning March 13, 1969, and ending November 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable R. L. "Red" Tindol of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning March 13, 1969, and ending November 1, 1969. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. J. Mac Barber of Jackson County as a member of the Ad visory Council for Comprehensive Health Planning for a term begin ning March 13, 1969, and ending November 1, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Horace Tate of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning March 13, 1969, and ending November 1, 1971. The vote on this con firmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Calvin Jackson of Meriwether County as a member of the State Medical Education Board for a term beginning May 1, 1969, and ending May 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Lawrence P. McDonald of Fulton County as a member of the State Medical Education Board for a term beginning May 1, 1969, and ending May 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. J. C. Serrato of Muscogee County as a member of the State Medical Education Board for a term beginning May 1, 1969, and ending May 1, 1973. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. H. Warner of White County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1969, and ending April 4, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable L. Edd Travis of Hall County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1969, and ending April 4, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Roy Gaines of Stephens County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1969, and ending April 4, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. John W. Acree of Towns County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1969, and ending April 4, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
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JOURNAL OF THE SENATE,
Honorable J. H. Warner of White County as a member of theNorth Georgia Mountains Commission for a term beginning April 4, 1969, and ending April 4, 1975. The vote on this confirmation was aye* 54, nays 0, and the nominee was confirmed.
Honorable L. Edd Travis of Hall County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1969, and ending April 4, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Roy Gaines of Stephens County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1969, and ending April 4, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. John W. Acree of Towns County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1969, and ending April 4, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. McKinley Conway, Jr. of DeKalb County as a mem ber of the Ocean Science Center of the Atlantic Commission for a term beginning March 13, 1969, and ending March 8, 1975. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Arthur G. Hansen of Pulton County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning March 13, 1969, and ending March 8, 1975. The vote on this confirmation wasayes 54, nays 0, and the nominee was confirmed.
Honorable William M. West of Bibb County as a member of the Georgia Police Academy Board for a term beginning March 13, 1969, and ending December 31, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert Branch of Tift County as a member of the Geor gia Police Academy Board for a term beginning March 13, 1969, and ending December 31, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Jack Tumlin of Clarke County as a member of the Georgia Poultry Inspection Commission for a term beginning March 13, 1969, and ending June 30, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Robert B. Barrett of Clarke County as a member of the Radi ation Control Council for a term beginning March 13, 1969, and ending July 1, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Calvin C. Norsworthy of Muscogee County as a member of the State Board of Registration for Used Car Dealers for a term
FRIDAY, MARCH 21, 1969
1665
beginning March 13, 1969, and ending May 20, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. W. C. Coles of Pulton County as a member of the Workmen's Compensation Medical Board for a term beginning March 30, 1969, and ending March 30, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Chenault W. Hailey of Fulton County as a member of the Workmen's Compensation Medical Board for a term beginning March 30, 1969, and ending March 30, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. Tom S. Howell, Jr. of Fulton County as a member of the Work men's Compensation Medical Board for a term beginning March 30, 1969, and ending March 30, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James L. Gillis, Jr. of Treutlen County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Dwayne Gilbert of Spalding County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. Carroll Larmore of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Reverend William Holmes Borders of Fulton County as a mem ber of the Planning Board on Crime and Juuvenile Delinquency Preven tion for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Branson Dalton of Banks County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Richard Ray of Houston County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
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JOURNAL OP THE SENATE,
Honorable W. M. Moss of Polk County as a member of the Plan ning Board on Crime and Juvenile Delinquency Prevention for a term
beginning December 2, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Harry E. Schmid of DeKalb County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Ray Pope of Ware County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term be ginning December 2, 1968, and serving at the pleasure of the Gover nor. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable Emmett Bondurant of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert E. Garren of DeKalb County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John S. Langford of Pulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a
term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert E. Groom of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Norman M. Shipley of Cobb County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Charles Watt of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
FRIDAY, MARCH 21, 1969
1667
Honorable Neil B. Satterfield of Chatham County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. Bowie Gray of Tift County as a member of the Plan ning Board on Crime and Juvenile Delinquency Prevention for a term beginning December 2, 1968, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Garland M. Dickey of Floyd County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Billy Henderson of Bibb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Elmer Morrow of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Stephen J. Schmidt of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable H. Mitchell Gibson of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Robert Bowen of Clarke County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Sam Burke of Upson County as a member of the Gov ernor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Pat Fields of Dougherty County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Miss Lillie L. Suder of Clayton County as a member of the Gov-
1668
JOURNAL OF THE SENATE,
ernor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Hoyt Smith of Fulton County as a member of the Gov ernor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jack Short of Fulton County as a member of the Gov ernor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Jack Isenberg of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Kermit Perry of Coweta County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable James 0. Gates of Cobb County as a member of the Governor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Ed Whitsett of DeKalb County as a member of the Gov ernor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Frances Bryan of DeKalb County as a member of the Gov ernor's Council on Physical Fitness for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable R. H. Hudson of Fulton County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and service at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Arnold Almand of DeKalb County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was con firmed.
Honorable Howard Jordan of Chatham County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote
FRIDAY, MARCH 21, 1969
1669
on this confirmation was ayes 54, nays 0, and the nominee was con firmed.
Honorable Carol W. Coons of Chatham County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was con
firmed.
Honorable A. T. Mauldin of Franklin County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was con
firmed.
Honorable Thomas H. Quigley of Fulton County as a member of the State Advisory Council on Vocational Education for a term begin ning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Dan W. Bramlett of Crisp County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was con firmed.
Honorable Charles Pope McDaniel of Thomas County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable L. Cohan Walker of Houston County as a member of the State Advisory Council on Vocational Education for a term begin ning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Howard L. Weeks of DeKalb County as a member of the State Advisory Council on Vocational Education for a term be ginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable J. Y. Moreland of Fulton County as a member of the State Advisory Council on Vocational Eduucation for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was con firmed.
Honorable Kenneth B. Matheny of DeKalb County as a member of the State Advisory Council on Vocational Education for a term be-
1670
JOURNAL OF THE SENATE,
ginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable John T. Phillips, Jr. of Dougherty County as a member of the State Advisory Council on Vocational Education for a term be ginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable W. Clyde Greenway of DeKalb County as a member of the State Advisory Council on Vocational Education for a term be ginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Helen Jenkins of DeKalb County as a member of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Thomas M. Parham, Jr. of DeKalb County as a mem ber of the State Advisory Council on Vocational Education for a term beginning March 20, 1969, and serving at the pleasure of the Gover nor. The vote on this confirmation was ayes 54, nays 0, and the nomi nee was confirmed.
Honorable James Spurlin of Floyd County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Hilda Johnston of Fulton County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Mrs. Mary Lou Marshall of Coweta County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable C. O. Templeton of Lowndes County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1970. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Colan Taylor of Candler County as a member of the Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1971. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Honorable Gerald Bishop of Sumter County as a member of the
FRIDAY, MARCH 21, 1969
1671
Georgia State Board of Nursing Homes for a term beginning March 20, 1969, and ending March 20, 1972. The vote on this confirmation was ayes 54, nays 0, and the nominee was confirmed.
Dr. W. G. Brown of Pierce County as a member of the Board of Dental Examiners of Georgia for a term beginning August 16, 1968, and ending August 1, 1973. The vote on this confirmation was ayes 4, nays 50, and the nominee was not confirmed.
Mrs. Marguerite Ewing Schott of Fulton County as a member of the Hospital Advisory Council for a term beginning August 6, 1968, and ending July 1, 1971. The vote on this confirmation was ayes 1, nays 49, and the nominee was not confirmed.
On the following appointments on the Georgia Youth Council toserve at the pleasure of the Governor, the vote on these confirmations was ayes 54, nays 0, and all the nominees were confirmed:
Eddie C. Johnson McDonough, Georgia
John Clifford Overstreet Savannah Beach, Georgia
Linda Kay Hopkins Cairo, Georgia
Janice Lynn Farrar Tifton, Georgia
Marcia Gail Heard Colquitt, Georgia
Gary McCullough Midland, Georgia
Wayne Camp Buena Vista, Georgia
Jane Still Conyers, Georgia
Sharon Lynn Varner Commerce, Georgia
Thomas A. Nash, Jr. Washington, Georgia
Karen Orr Washington, Georgia
Nell Irene Mobley Gracewood, Georgia
Paul Edward Cooper Scottdale, Georgia
Lavoy Lowe Eastman, Georgia
William Christy Jones Alma, Georgia
Steven Lee Cain Tallulah Falls, Georgia
Alien Davis Hartwell, Georgia
Robert E. Lunsford Tucker, Georgia
Paul Hooper Nichols III Toccoa, Georgia
William Bradley Strickland New Holland, Georgia
Sandy King Atlanta, Georgia
Mike Hall Macon, Georgia
Steve Lee Cain Smyrna, Georgia
Greg Odom Hahira, Georgia
Larry Daniel Flowers Hephzibah, Georgia
Ranee Lanier Statesboro, Georgia
Tommy Alexander Thomasville, Georgia
Cathy Engle Bainbridge, Georgia
1672
JOURNAL OF THE SENATE,
Dora Johnson Ochlocknee, Georgia
William Hulbert Perry, Georgia
Gene Walker Columbus, Georgia
John Andrew Smith Tucker, Georgia
John Vickers IV Atlanta, Georgia
Katherine Shedd Atlanta, Georgia
Dan Wingate Sylvester, Georgia
Randall Bugg Decatur, Georgia
Elizabeth Lynn Todd Stone Mountain, Georgia
Thomas Welch McEwen Atlanta, Georgia
Sandi Ison Covington, Georgia
Jimmy Finney Milledgeville, Georgia
Janice Elaine Tuten Guyton, Georgia
William Randall Roundtree Springfield, Georgia
Brenda Joyce Bruce Hinesville, Georgia
Randy Fagler Swainsboro, Georgia
Katherine Claire Oliff Statesboro, Georgia
Steve H. Goody Vienna, Georgia
Lynn Elizabeth Page Byronville, Georgia
Steve Dugan Fort Valley, Georgia
Roland Yarbrough LaGrange, Georgia
Karen Avans Trenton, Georgia
Jerry Cooper Rising Fawn, Georgia
Randy Crump Smyrna, Georgia
Pattie M. Jackson Atlanta, Georgia
Ellis Daniel Sikes, Jr. Decatur, Georgia
Kenneth Michael Kincaid Atlanta, Georgia
Susan Kay Lockamy Decatur, Georgia
Robert Lane Burns, Jr. Stone Mountain, Georgia
James B. Smith Brooks, Georgia
Cynthia Turner Fayetteville, Georgia
Claude Henry Macon, Georgia
Richard C. Waites Macon, Georgia
Dell Payne Macon, Georgia
Jeffrey King Gainesville, Georgia
Carol Jarrard Canton, Georgia
Susan Leigh Kirkland Covington, Georgia
Lee Still Piper Covington, Georgia
James Thomas Bridges Martinez, Georgia
Deborah Lynn Johnston Rising Fawn, Georgia
Nancy Freeman Trenton, Georgia
Ken Carlton Rockmart, Georgia
FRIDAY, MARCH 21, 1969
1673
Deborah Jackson Rockmart, Georgia
Terry Miller Dalton, Georgia
Albert Dorminy, Jr. Ocilla, Georgia
Roger M. Budd, Jr. Valdosta, Georgia
Sherry Farmer Ocilla, Georgia
Monte Joe Black Cleveland, Georgia
Homer Myers Gainesville, Georgia
Marilyn Jane Brown Martinez, Georgia
Robert N. Wilson, Jr. Thomson, Georgia
Monty Nelson Thomson, Georgia
Jeannette Garrett Sparta, Georgia
Carol Rebecca Hood Covington, Georgia
HMcW/r
Respectfully submitted, Hamilton McWhorter, Jr. Secretary of the Senate
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 781. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A bill to create the Lake Lanier Islands Development Commission as a commission and agency of the State Government; and for other purposes.
HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A bill to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "project" and "cost of project"; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
1674
JOURNAL OF THE SENATE,
HR 361. By Messrs. Buck and Jones of the 84th:
A resolution designating Miss Georgia as the "Official Hostess for the State of Georgia"; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 226. By Senators Trippe of the 31st, and Adams of the 5th:
A bill to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 125. By Senator Vann of the 10th, Carter of the 14th, Holloway of the 12th, and Andrews of the 49th:
A bill to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 502. By Messrs. Atherton, Wilson, Kreeger, McDaniell, Henderson, Housley and Burruss of the 117th:
A bill to amend an Act amending, revising, consolidating and super seding the several Acts incorporating the Town of Austell and reincorporating said town as a. city, so as to increase the corporate limits of said city; and for other purposes.
HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to reorganize said Chapter into three separate categories of procedures which will deal with the prepa ration and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.
FRIDAY, MARCH 21, 1969
1675
HB 788. By Messrs. Cato and Conger of the 68th:
A bill creating and establishing a Small Claims Court for Seminole County, Georgia; to provide for an effective date; to provide for a referendum; and for other purposes.
HB 811. By Mr. Collins of the 62nd:
A bill to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell", so as to change the com pensation to be paid the Commissioners of Roads and Revenues of Mitchell County; and for other purposes.
The House has agreed to the Senate amendment to the following resolution of the House, to-wit:
HR 285. By Messrs. Hale of the 1st, Harris of the 77th and Johnson of the 29th:
A resolution requesting the State Revenue Commissioner to undertake a program of assistance for cities and counties with respect to the ad valorem taxation of mobile homes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 830. By Messrs. Cato and Conger of the 68th:
A bill to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.
The House has adopted the following resolution of the Senate, to-wit:
SR 143. By Senator Coggin of the 35th: A resolution relative to adjournment; and for other purposes.
The following bills were read the first time and referred to committees:
HB 781. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A bill to create the Lake Lanier Islands Development Commission as a commission and agency of the State Government; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
1676
JOURNAL OF THE SENATE,
HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A bill to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "project" and "cost of project"; and for other purposes.
Referred to Committee on Business, Trade and Commerce.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 747 by deleting in subsection (b) of Code Section 81A-152 quoted in Section 1 of said bill the second sentence which reads as follows:
"The motion may be made with a motion for a new trial which shall be served not later than 10 days after the entry of judgment."
And by substituting in lieu thereof the following:
"The motion may be made with a motion for a new trial, but if so made, both motions shall be made within ten (10) days after the entry of judgment."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend^ ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
FRIDAY, MARCH 21, 1969
1677
The following reports of standing committees were read by the secretary:
Senator Smith of the 18th 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 recommen dations:
HB 509. Do pass as amended.
Respectfully submitted, Senator Smith of 18th District, Chairman.
Senator Plunkett of the 30th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 77. Do pass by substitute.
Respectfully submitted, Senator Plunkett of 30th District, Chairman.
Senator Smith of the 18th 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
1678
JOURNAL OF THE SENATE,
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 recommen dations :
HB 499. Do pass. HB 560. Do pass by substitute. HB 561. Do pass. HB 917. Do pass as amended.
Respectfully submitted, Senator Smith of 18th District, Chairman.
Senator Johnson of the 38th District, Chairman of the Committee on Scien tific Research, submitted the following report:
Mr. President:
Your Committee on Scientific Research 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 570. Do pass.
Respectfully submitted, Senator Johnson of 38th District, Chairman.
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tions of the Senate and House and has instructed me, as Vice Chairman, to re port the same back to the Senate with the following recommendations:
SR 138. Do pass. HR 258. Do pass.
Respectfully submitted, Senator Smith of 18th District, Vice Chairman,
FRIDAY, MARCH 21, 1969
1679
Senator Plunkett of the 30th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 844. Do pass. HR 72. Do pass. HR 304. Do pass. HR 305. Do pass. HR 306. Do pass.
Respectfully submitted, Senator Plunkett of 30th District, Chairman.
Senator Fincher of the 54th District, Chairman of the Committee on Temp erance, 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 804. Do pass.
Respectfully submitted, Senator Fincher of 54th District,
Chairman.
Senator Fineher of the 54th District, Chairman of the Committee on Temp erance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following
1680
JOURNAL OF THE SENATE,
bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 288. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.
Senator Spinks of the 9th 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 consider ation the following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 190. Do pass.
Respectfully submitted, Spinks of 9th 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 consideration the following bills of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 375. Do pass. HB 551. Do pass as amended. HB 838. Do pass.
Respectfully submitted, Pennington of 45th District, Chairman.
FRIDAY, MARCH 21, 1969
1681
Senator Chapman of the 32nd 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 resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 273. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 31. Do pass. HB 655. Do pass as amended.
Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
1682
JOURNAL OF THE SENATE,
HB 607. Do pass. HB 629. Do pass. HB 812. Do pass. HB 813. Do pass by substitute. HB 814. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Hensley of the 33rd District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following hills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 185. Do pass. HB 398. Do pass. HB 603. Do pass as amended. HB 784. Do pass by substitute. HR 257. Do pass.
Respectfully submitted, Hensley of 33rd District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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:
FRIDAY, MARCH 21, 1969
1683.
SB 233. Do pass as amended. HB 108. Do pass. HB 536. Do pass. HB 770. Do pass as amended. HB 771. Do pass as amended. HB 820. Do pass. HB 821. Do pass. HB 836. Do pass. HB 855. Do pass as amended. HB 860. Do pass. HB 970. Do pass. HB 972. Do pass. HB 973. Do pass. HB 974. Do pass. HB 978. Do pass. HB 979. Do pass. HB 980. Do pass. HB 981. Do pass. HB 984. Do pass. HB 985. Do pass. HB 987. Do pass. HB 889. Do pass. HB 991. Do pass. HB 994. Do pass. HB 997. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
The following communication was received from His Excellency, Governor Lester Maddox, and was read by the secretary:
1684
JOURNAL OF THE SENATE,
EXECUTIVE DEPARTMENT Atlanta
March 21, 1969
Honorable George T. Smith Lieutenant Governor and President of the Senate
and
Members of the Senate State Capitol Atlanta, Georgia 30334
Gentlemen:
Please be informed that on this date I received the resignation of Dr. William G. Brown as a member of the Board of Dental Examiners of Georgia.
The resignation of Dr. Brown has been accepted.
LM:jc
Sincerely,
/s/ Lester Maddox
Lester Maddox Governor
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and 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 212
SB 217.
SB 218.
SB 259.
SB 279.
SB 283.
SB 284. SR 94. SR 95. SR 119. SR 128. SR 130. SR 143.
FRIDAY, MARCH 21, 1969
1685
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 115.
Respectfully submitted, Eldridge of the 7th District, Chairman.
The following resolution was read and adopted:
HR 361. By Messrs. Buck and Jones of the 84th: A resolution designating Miss Georgia as the "Official Hostess for the State of Georgia"; and for other purposes.
Senator Coggin of the 35th moved that the Senate do now adjourn until 9:30 o'clock Monday, and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock Monday morning.
1686
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, March 24, 1969.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Senator Young of the 13th reported that the journal of Friday'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 Kennedy of the 4th asked unanimous consent that the following be established as the order of business of the day:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. Ben Thebaut, and as the nurse of the day, Mrs. Kay Saxon.
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:
MONDAY, MARCH 24, 1969
1687
SB 95. By Senator Chapman of the 32nd:
A bill to authorize and empower the State Department of Family and Children Services to reimburse the County Commissioners or the con stituted fiscal or financial agent of any county 100% of the adminis trative expenses incurred by full-time county employees working in State Institutions; and for other purposes.
SB 113. By Senators Dean of the 6th, Eldridge of the 7th, Rowan of the 8th and others:
A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to change the maximum rate of sales of tobacco at any warehouse; and for other purposes.
SB 155. By Senator Holley of the 22nd:
A bill to amend Code Section 13-2013, relating to the limit a bank is allowed to lend to any one person, firm or corporation, so as to remove the limitation on the sale of federal or correspondent funds to qualified depositories; and for other purposes.
SB 156. By Senator Holley of the 22nd:
A bill to amend Code Section 109A-4-212, relating to rights of chargebacks or refunds by banks, so as to provide that intermediary or payor banks may return unpaid items directly to and send for collection drafts on depository banks and obtain reimbursement; and for other purposes.
SB 157. By Senator Holley of the 22nd:
A bill to amend Code Section 13-912, relating to common stock, pre ferred stock, capital stock, capital, and stock options, so as to provide for an increase in the common stock of a bank in the category of authorized but unissued stock; and for other purposes.
SB 184. By Senator Trippe of the 31st:
A bill to amend Code Section 108-417, relating to investments by trus tees, so as to provide for the investment of trust funds by trustees and for matters relative thereto; and for other purposes.
SB 190. By Senator Holley of the 22nd:
A bill to amend Code Title 13, known as the "Banking Law", so as to provide for the conversion of a regulated certificated bank into a State chartered bank; and for other purposes.
1688
JOURNAL OF THE SENATE,
SB 194. By Senator Holley of the 22nd:
A bill to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, so as to authorize banks to acquire shares in any Small Business Investment Company provided the aggre gate amount of shares does not exceed a certain percentage of its capital and unimpaired surplus; and for other purposes.
SB 238. By Senators Hensley of the 33rd, Fincher of the 51st, London of the 50th, and Andrews of the 49th:
A bill to amend an Act approved April 14, 1967, (Ga. Laws 1967, p. 604), so as to authorize State Highway Department to acquire and convey rights-of-way and easements to Federal Government for the Fed eral construction of Blue Eidge Parkway; and for other purposes.
SB 91. By Senators Fincher of the 51st and Chapman of the 32nd:
A bill to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; and for other purposes.
SB 120. By Senator Holloway of the 12th:
A bill creating in each county or municipal corporation a Development Authority; providing for the membership thereof; and for other pur poses.
SB 162. By Senators Maclntyre of the 40th and Garrard of the 37th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to indicate which public bodies said Authority may contract with pertaining to its purposes; and for other purposes.
SB 182. By Senator Trippe of the 31st:
A bill to amend an Act entitled "An Act to authorize the investment from time to time of the proceeds of bonds issued by any county, etc.; to define the securities in which such funds may be invested; etc.", so as to authorize the investment of bond proceeds in additional types of investments; and for other purposes.
SB 245. By Senator Smalley of the 28th:
A bill to amend the "Georgia Insurance Code", so as to provide that surplus funds borrowed by such companies as therein authorized shall
MONDAY, MARCH 24, 1969
1689
not constitute liabilities of the companies except as provided herein or as herein authorized; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 376. By Messrs. Brown and Melton of the 32nd, Matthews and Farmer of the 16th:
A resolution commending the Honorable John Eldridge Drewry, Dean of the Henry W. Grady School of Journalism, University of Georgia; and for other purposes.
The following resolutions were introduced, read the first time, and referred to committees:
SR 155. By Senator Smalley of the 28th:
A resolution authorizing the Judiciary Committee to function after final adjournment of the 1969 regular session of the General Assembly; and for other purposes.
Referred to Committee on Rules.
SR 156. By Senator Smith of the 18th:
A resolution authorizing the creation of the Coordinating Committee to come to grips with the problem of the disadvantaged youth; and for other purposes.
Referred to Committee on Rules.
SR 157. By Senator Smith of the 18th:
A resolution relative to the creation of an Intergovernmental Action Commission; and for other purposes.
Referred to Committee on Rules.
The following bills and resolution were read the second time:
HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th:
A bill to be known as the "Georgia Meat Inspection Act"; and for other purposes.
1690
JOURNAL OF THE SENATE,
HB 540. By Messrs. Matthews of the 63rd, Lane of the 44th and Hudson of the 48th:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crime and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimi nal Code, so as to provide that it shall be unlawful for any person to engage in certain demonstrations, protests or other activities or to refuse to leave certain buildings, other facilities or campuses when ordered to do so by certain persons or to knowingly and maliciously destroy, damage, deface or interfere with the use of certain property; and for other purposes.
HB 703. By Mr. Maxwell of the 78th:
A bill to provide that when it shall appear to the ordinary that the value of an estate has decreased, the ordinary shall have the authority to permit a corresponding reduction in the amount of any bond required of any fiduciary; and for other purposes.
HB 906. By Messrs. Williams, Wood and Cooper of the llth:
A bill creating the Claims Advisory Board, so as to provide that it shall be the duty of each State department and agency to file a notice of possibility of claim; and for other purposes.
HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th and Miles of the 78th:
A bill to provide for an associate judge of the city court in all counties of this State having a population of not less than 135,000 nor more than 140,000; and for other purposes.
HB 905. By Messrs. Lee of the 61st, Clarke of the 33rd and Pickard of the 84th:
A bill to create a State Building Administrative Board; to authorize the Board to adopt Standard Minimum Codes; to provide for local en forcement and administration of such codes; to provide for permissive adoption of such codes by municipalities and counties; and for other purposes.
HB 999. By Mr. Lee of the 61st:
A bill to create the Policy and Evaluation Committee for Electronic Data Processing; and for other purposes.
HR 307. By Messrs. Chandler and Harrington of the 34th:
A resolution authorizing the conveyance of a certain tract of land located in Baldwin County; and for other purposes.
MONDAY, MARCH 24, 1969
1G91
HB 505. By Messrs. Kreeger, Atherton, Housley and Burruss of the 117th:
A bill to amend an Act providing a new charter for the City of Mari etta, so as to change the amount of ad valorem tax which may be levied to support and maintain the public schools of said city; and for other purposes.
HB 947. By Mr. Busbee of the 61st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dougherty, so as to authorize the Board to create sanitary districts in said county; to provide for sani tary services in said districts; etc.; to provide for a tax or assessment to pay for same; and for other purposes.
HB 1003. By Mr. Colwell of the 5th:
A bill to amend an Act creating the office of Commissioner of Lumpkin County, so as to change the compensation of the commission; and for other purposes.
HB 1005. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating a new Board of Commissioners of Roads and Revenues of Gwinnett County, so as to change the pro visions relating to audits; and for other purposes.
HB 1006. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A bill to amend an Act creating a new charter for the City of Albany, so as to change the compensation of the mayor and city commissioners; and for other purposes.
HB 1007. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the compensation of the chairman and mem bers of the board; and for other purposes.
HB 1008. By Mr. Jones of the 59th:
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 the governing authorities of certain counties shall not authorize the sale of alcoholic beverages by the drink until it shall be approved in a referendum; and for other purposes.
1692
JOURNAL OP THE SENATE,
HB 781. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A bill to create the Lake Lanier Islands Development Commission as a commission and agency of the State Government; and for other pur poses.
HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of th& 15th:
A bill to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "project" and "cost of project"; and for other purposes.
The following resolution was read and adopted:
HR 376. By Messrs. Brown and Melton of the 32nd, Matthews and Farmer of the 16th:
A resolution commending the Honorable John Eldridge Drewry, Dean of the Henry W. Grady School of Journalism, University of Georgia; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, 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 26. Do pass. HB 689. Do pass. HB 866. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
MONDAY, MARCH 24, 1969
1693
The following local, uncontested bills, favorably reported by the committees, ~were read the third time, and put upon their passage:
SB 233. By Senator London of the 50th:
A bill to amend an Act placing the sheriff of Pannin County upon an annual salary, approved March 11, 1965 (Ga. L. 1965, p. 2294), as amended, so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend SB 233 by striking the figure "8,500.00" in Section 1 and inserting in lieu thereof the figure "9,500.00", and by striking the figure "8,500.00" in Section 2 and inserting in lieu thereof the figure "9,500.00".
On the adoption of the amendment, the ayes were 51, 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator London of the 50th moved that SB 233 be immediately transmitted to the House.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
HB 108. By Mr. Adams of the 100th:
A bill to provide for increased pension benefits for policemen and firemen, widows and minor children of the same in certain counties (population in excess of 300,000); and for other purposes.
1694
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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 536. By Messrs. Lane of the 101st, Horton, Felton, Gates and Hawes of the 95th:
A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the salary of the Mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Garrard of the 37th gave notice that at the proper time he would move that the Senate reconsider its action on HB 536.
HB 820. By Mr. Pafford of the 64th: A bill to abolish the present mode of compensating the clerk of the Superior Court 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 821. By Mr. Pafford of the 64th: A bill to amend an Act abolishing the fee system of compensating
MONDAY, MARCH 24, 1969
1695
the sheriff of Atkinson County, 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 Trill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 836. By Mr. Pafford of the 64th:
A bill to amend an Act creating the Office of Commissioner of Roads and Revenues in the County of Atkinson (now Atkinson County Com mission), so as to change the compensation of the said 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 860. By Mr. Phillips of the 38th:
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 provide that the number of deputies shall not be increased or decreased unless such increase or decrease is approved by the sheriff and the governing authority of Harris County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
1696
JOURNAL OF THE SENATE,
HB 855. By Mr. Lewis of the 37th:
A bill to reincorporate the Town of Sardis in the County of Burke and to make the same a city; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 855 by adding a new Section between Sections 5.10 and 5.11, to be designated as Section 5.10A, which shall read as follows:
"Section 5.10A. The provisions of Sections 5.08, 5.09 and 5.10 are to be implemented only when the Mayor and Council, by proper ordinance or resolution, so declare. Until such time, the voters of the City of Sardis shall continue to register with the County Regis trar, as in the past, and the registration list for said city (64th militia district) shall be the official voters' registration list of said city, and the voters registered with the County Registrar as residents of the 64th militia district shall be entitled to vote in all elections if they are otherwise qualified. The aforesaid list may be added to or purged or otherwise changed in accord with law. In the event the Mayor and Council implement the provisions of Sections 5.08, 5.09 and 5.10, this Section shall be null and void."
And by striking from subsection (a) of Section 6.02 the following:
", and shall be a qualified voter in Sardis, and Burke County, and shall have resided therein at least five years immediately pre ceding his election.",
and inserting in lieu thereof the following:
"and shall be a qualified voter in Burke County."
And by adding to the end of subsection (a) of Section 6.02 the following:
"The Mayor may appoint himself or any of the Council to serve as recorder, or anyone else possessing the qualifications set forth in subsection (a) of Section 6.02."
And by striking from Section 6.03 the following:
"one hundred dollars ($100.00)"
and inserting in lieu thereof the following:
"two hundred dollars ($200.00) for each offense"
MONDAY, MARCH 24, 1969
1697
On the adoption of the amendment, the ayes were 51, 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed amended.
HB 889. By Messrs. Longino of the 98th, Horton, Cook and Hawes of the 95th and Lane of the 101st:
A bill to amend an Act establishing a new charter for the City of Fairburn, so as to provide for the election of councilmen by council seat positions; to establish the hours that polls shall be open so as to con form to the State 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 970. By Messrs. Cato and Conger of the 68th:
A bill amending, consolidating and superseding the several Acts incor porating the City of Colquitt, and creating a new charter and munici pal government for said corporation, so as to change the salaries of the mayor and councilmen 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 972. By Messrs. Mason and Nash of the 13th:
A bill authorizing Gwinnett County and the governing authorities thereof to establish and administer a sewer and water system and to levy assessments therefor; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 973. By Messrs. Mason and Nash of the 13th: A bill to amend an Act creating a new charter for the City of Norcross, Georgia, so as to limit the amount of fine imposed for violation of city ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 974. By Messrs. Mason and Nash of the 13th: A bill to authorize Gwinnett County and the governing authority thereof to appoint a Merit System 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
MONDAY, MARCH 24, 1969
1699
HB 978. By Messrs. Poole, Roach and Harris of the 10th:
A bill to create the Pickens County Water and Sewer Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 979. By Messrs. Poole, Roach and Harris of the 10th:
A bill to provide for appointment of the Pickens County School Super intendent by the Board of Education of Pickens 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 980. By Messrs. Poole, Roach and Harris of the 10th:
A bill to create the Tate Water and Sewer Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 981. By Messrs. Paris of the 14th, Barber of the 15th, Milford and Mauldin of the 12th:
A bill to change the terms of the Superior Courts of the Piedmont 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 984. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A bill to amend an Act creating a new Charter for the City of Newnan, 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 985. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A bill to amend an Act changing the compensation of the sheriff, the ordinary and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the provisions for paying the salaries of sheriff's deputies and jailers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
MONDAY, MARCH 24, 1969
1701
HB 987. By Messrs. Wood, Williams and Cooper of the llth:
A bill to amend an Act incorporating and granting a charter to the City of Lula, so as to authorize the mayor and council to fix the com pensation of officers and employees of said city, except the salaries 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 991. By Messrs. Holder and Anderson of the 49th:
A bill to amend an Act creating the office of tax commissioner of Telfair County, so as to change the compensation of the tax commis sioner of Telfair County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 994. By Mr. Colwell of the 5th: A bill to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the compensation and method of fixing 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OP THE SENATE,
HB 997. By Mr. Ballard of the 23rd:
A bill to provide for the compensation of the mayor and councilmen of the municipality of Porterdale; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and adopted:
SR 154. By Senators Hudgins of the 15th and Jackson of the 16th: A resolution commending Miss Julia Smeds; and for other purposes.
The following bill of the Senate was taken up for the purpose of consider ing House action thereto:
SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th and Andrews of the 49th: A bill to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have prefer ence in the appointment as guardian; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House Committee on Special Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to pro vide that where a wife is guardian of a spouse, her bond and acts shall be as if she were a femme sole; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 49-602, relating to the appointment of the wife as guardian, is hereby amended by striking said Code Section
MONDAY, MARCH 24, 1969
1703
in its entirety and inserting in lieu thereof a new Code Section 49-602 to read as follows:
"49-602. Spouse may be guardian.--A spouse, either husband or wife, shall have preference in the appointment as guardian, except in cases where a husband and wife are living in a bona fide state of separation at the time the application is filed. If a wife is appointed as guardian, her bond and all acts as guardian shall be held and considered as if she were a femme sole."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Vann of the 10th moved that the Senate agree to the House sub stitute to SB 125.
On the motion, the ayes were 32, nays 0.
The motion prevailed, and the House substitute was agreed to.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage.
HE 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st, Cook of the 95th and Simkins of the 78th: 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 licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibtions 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 32, nays 3.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
SR 138. By Senators Holloway of the 12th, McGill of the 24th, Smith of the 34th, Reeder of the 55th, Garrard of the 37, Riley of the 1st and Abney of the 53rd:
A resolution creating the Coastal Marshlands Study Committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Holloway of the 12th moved that SR 138 be immediately trans mitted to the House.
On the motion, the ayes were 34, nays 0, and the motion prevailed.
HB 814. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th: A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to delete the population requirements in Section 31 (a); and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 813. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th: A bill to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made by places of amusement, sports or entertainment or other like places where an admission fee is charged; and for other purposes.
MONDAY, MARCH 24, 1969
1705
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made to places of amusements, sports, or entertainment or other like places where an admission fee is charged; to provide for rules and regula tions; 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. Each county and municipality in this State is autho rized to levy and collect a tax, not to exceed five percent, upon the sale of tickets, fees or charges made for admission to or voluntary contributions made to places of amusements, sports, or entertainment or any other place in which any exhibition, display, amusement, sport or entertainment is offered to the public or any other place to which an admission fee is charged.
Section 2. Each municipality or county levying taxes authorized by this Act may adopt reasonable rules and regulations governing the levy, assessment and collection of said tax.
Section 3. No tax under this act shall be imposed by a county within the corporate limits of any municipality located wholly or partly within such property.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, Senator Searcey of the 2nd 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 of 26th Bateman
Broun of 46th Garrard Hardy Holley Holloway
Johnson Pennington
Reeder Riley Searcey Smalley Smith of 18th
Smith of 34th Starr
Stephens Tysinger Vann Walling Ward
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JOURNAL OP THE SENATE,
Those voting in the negative were Senators:
Abney Adams of 5th Andrews Brown of 47th Carter Chapman Coggin Cox Dean Doss
Fincher of 51st Fincher of 54th Gillis Hensley Hill Hudgins Jackson Kennedy Kidd London
McGill Noble Padgett Plunkett Reynolds Scott Trippe
Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the substitute, the ayes were 21, nays 30, and the substi tute was lost.
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 19, nays 26.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Garrard of the 37th gave notice that at the proper time he would move that the Senate reconsider its action on HB 813.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 253. By Mr. Shanahan of the 8th: A bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.
Senator Fincher of the 51st moved that the Senate insist on its amendment to HB 253.
On the motion, the ayes were 38, nays 0, and the motion prevailed.
MONDAY, MARCH 24, 1969
1707
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 and Senate, to-wit:
HB 1011. By Mr. Ross of the 26th:
A bill to require the Chairman of the Board of Commissioners of Taliaferro County to obtain a valid surety bond in the amount of $10,000.00, which bond shall be approved by the Ordinary of Taliaferro County, and payable to the Ordinary; and for other purposes.
SB 244. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, so as to provide for electing the city com missioners by a majority vote; and for other purposes.
The House has passed, by substitute, by the requisite constitutional ma jority the following bill of the Senate, to-wit:
SB 61. By Senator Holley of the 22nd:
A bill to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such County pension or retirement laws existing in said Counties, etc., to provide for the continuance of said previous inclusion, etc.; and for other purposes.
The House insists on its position in substituting the following bill of the Senate, and has appointed a Committee of Conference to confer with a like com mittee on the part of the Senate on the following bill of the Senate, to-wit:
SB 149. By Senator Padgett of the 23rd: A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.
The Speaker has appointed on the part of the House the following mem bers thereof:
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JOURNAL OF THE SENATE,
Messrs. Harrington of the 34th, Keen of the 81st, and Hargrett of the 58th.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 21. By Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd and others:
A bill to authorize public school teachers to conduct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; to repeal conflicting laws; and for other purposes.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and Lambert of the 25th and others: A bill to amend Title 34 of the Code of Georgia of 1933, so as to pro vide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other pur poses.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Lambert of the 25th, Howell of the 60th, and McCracken of the 36th.
The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 134. By Messrs. Gunter and Moore of the 6th: A resolution compensating Mr. T. L. Hodges, Jr.; and for other pur poses.
HR 352. By Messrs. Gary and Lee of the 21st:
A resolution authorizing the conveyance of certain real property located in Clayton County, Georgia, to the City of Atlanta; and for other pur poses.
MONDAY, MARCH 24, 1969
1709
The House has adopted the following resolution of the House, to-wit:
HR 405. By Messrs, Smith of the 43rd, Busbee of the 61st, Lambert of the 25th, Lee of the 61st:
A resolution relative to adjournment; and for other purposes.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 253. By Mr. Shanahan of the 8th:
A bill to create the office of Commissioner of Roads and Revenues in and for the County of Gordon, as to change in the compensation of the said Commissioner; and for other purposes.
The Speaker has appointed on the part of the House the following mem bers thereof:
Messrs. Ross of the 26th, Lee of the 61st, and Shanahan of the 8th.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 281. By Senator Holley of the 22nd: A bill to amend Code Chapter 84-2, relating to certification of ac countants, as amended, so as to provide that the members thereof may succeed themselves; to repeal conflicting laws; and for other purposes.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 104. By Senator Eldridge of the 7th: A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968 (Ga. L. 1968, p. 1352), so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.
The House has passed by the requisite constitutional majority the following of the House, to-wit:
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JOURNAL OF THE SENATE,
HB 877. By Mr. Murphy of the 19th:
A bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by said Department; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 11. By Messrs. Odom of the 61st and Ployd of the 7th:
A bill to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new pro gram; and for other purposes.
HB 431. By Messrs. Melton and Brown of the 32nd:
A bill creating and establishing a small claims court for Spalding Coun ty, to be known as the Small Claims Court of Spalding County; and for other purposes.
HB 489. By Mr. Harris of the 77th: A bill to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the interest to make certain purchases upon authorization of a judge of the superior court; and for other purposes.
HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th: A bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclu sions of law thereon; and for other purposes.
HB 899. By Messrs. Graves, Lowrey and Toles of the 9th: A bill to reincorporate the City of Cave Spring in the County of Floyd; to create a new Charter for said city; and for other purposes.
HB 918. By Messrs. Harris and Roach of the 10th: A bill to reincorporate the City of Cartersville in the County of Bartow; and for other purposes.
MONDAY, MARCH 24, 1969
1711
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 130. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
HB 886. By Messrs. Miles of the 78th and Dent of the 79th:
A bill to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta as so authorized; and for other purposes.
SB 234. By Senator Bateman of the 27th:
A bill to amend an Act which provides a schedule of license fees for motor vehicles, as amended, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of passengers; and for other purposes.
The following bills and resolutions were read the first time and referred to committees:
HB 1011. By Mr. Ross of the 26th:
A bill to require the chairman of the Board of Commissioners of Taliaferro County to obtain a valid surety bond in the amount of $10,000.00, which bond shall be approved by the Ordinary of Taliaferro County, and payable to the Ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 134. By Messrs. Gunter and Moore of the 6th:
A resolution compensating Mr. T. L. Hodges, Jr.; and for other pur poses.
Referred to Committee on Appropriations.
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JOURNAL OF THE SENATE,
HR 352. By Messrs. Gary and Lee of the 21st:
A resolution authorizing the conveyance of certain real property located in Clayton County, Georgia, to the City of Atlanta; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 877. By Mr. Murphy of the 19th: A bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by said department; and for other purposes.
Referred to Committee on Rules.
HB 886. By Messrs. Miles of the 78th and Dent of the 79th: A bill to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta as so authorized; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereto:
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th: A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
The report of the Conference Committee was as follows:
The Conference Committee on H. B. No. 1 recommends the fol lowing:
That the Senate recede from its position and that the bill as passed, by the House be adopted with the following amendments:
By adding in the title, after the following:
"to provide for paying certain expenses;",
MONDAY, MARCH 24, 1969
1713
the following:
"to authorize the governing authority of each county to deter mine whether persons in their respective counties shall be hos pitalized under judicial admission provisions or medical admission provisions of Chapter 88-5;".
By striking subsection (f) of quoted Section 88-501 in its entirety and inserting in lieu thereof the following:
"(f) 'Physician' shall mean a doctor of medicine who is licensed to practice in this State, under the provisions of the Georgia Medi cal Practice Act (Ga. Code Chapter 84-9), or who is employed as a physician by the United States Veterans Administration or other federal agency;".
By striking from subsection (m) of quoted Section 88-501 the fol lowing: "88-506.7" and inserting in lieu thereof the following: "88506.8".
By striking the last sentence of quoted Section 88-502.1 and in serting in lieu thereof the following:
"No right or privilege granted by this Chapter shall be denied any person.".
By striking quoted Section 88-502.18 in its entirety and inserting in lieu thereof the following:
"88-502.18. Liability for violations.--Any person who by wil ful action or gross negligence, violates or abuses any provision of this Chapter shall be liable to the patient for any damages which the patient suffers by reason of such wrongful conduct. Any phy sician, peace officer, attorney, health officer, or hospital officer, agent, or employee, whether employed by a private hospital or at hospital facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hos pitals Authorities Law of Georgia (Ga. Code Chapter 88-18), who acts in good faith in compliance with the provisions of this Chap ter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility.".
By striking quoted Section 88-504.1 in its entirety and inserting in lieu thereof the present quoted Section 88-504.2 and renumbering same as "88-504.1", so that when so amended 88-504.1 shall read as follows:
"88-504.1. Facility for emergency admission.--Any stateowned or state-operated facility may be designated by the depart ment as an Emergency Receiving Facility. The department shall maintain an Emergency Receiving Facility at Central State Hos pital and each Georgia Regional Hospital which shall accept pa tients from any county under the provisions of Sections 88-504.2
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JOURNAL OF THE SENATE,
through 88-504.6. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. No provisions of this Chapter shall be deemed to require any county to construct any facility for the hospitalization or treatment of mental patients.".
By striking quoted Section 88-504.2 and 88-504.3 in their entirety and inserting in lieu thereof the following:
"88-504.2. Admission to an emergency receiving facility.--In a county in which, under the provisions of Section 88-508.9, the medical admission procedures of this Chapter apply, any physician may execute a certificate stating that he has examined a person within the preceding 48 hours and found that the person appears to be mentally ill and is likely to injure himself or others, and the observations upon which that conclusion is based. The physician's certificate authorizes any peace officer to take the person into custody and to deliver him forthwith to the nearest available Emer gency Receiving Facility, where he shall be received for examina tion. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report and the physician's certificate shall be made a part of the patient's clinical record.
"88-504-3. Examination by a physician.--In a county in which, under the provisions of Section 88-508.9, the medical admission pro cedures of this Chapter apply, (a) if a person is committing a penal offense, as defined in Section 88-501 (n) and if there is probable cause for believing the person to be mentally ill and a danger to himself or others, or (b) a person is overtly threatening to commit suicide, a peace officer may take the person to a physi cian, within the county or an adjoining county, for emergency examination by the physician, as provided in Section 88-504.2.".
By striking from quoted Section 88-504.6 the following: "Section 88-504.3",
and inserting in lieu thereof the following: "Section 88-504.2".
By striking from quoted Section 88-505.1 the following: "desingated",
and inserting in lieu thereof the following: "designated".
By striking from quoted Section 88-505.2 the following:
MONDAY, MARCH 24, 1969
1715
"In any county whose governing authority has determined, pursuant to the provisions of Section 88-508.9, that the medical ad mission procedures of this Chapter shall apply, proceedings for a court-ordered evaluation may be initiated in the following man ners:",
and inserting in lieu thereof the following:
"In a county in which, under the provisions of Section 88-508.9, the medical admission procedures of this Chapter apply, proceed ings for a court-ordered evaluation may be initiated in the follow ing manners:".
By striking from quoted Section 88-505.6 the following:
"and (a) if the patient was admitted to the Emergency Re ceiving Facility under subsection 88-504.3 (a), to the Court which entered the order; (b) if the patient was taken into custody under subsection 88-504.3 (b), to the agency which took the patient into custody; (c) if the admission to the Emergency Receiving Facility was under subsection 88-504.3 (c), to the physician who executed the certificates; and (d)",
and inserting in lieu thereof the following:
"and (a) if the patient was admitted to the Emergency Re ceiving Facility under Section 88-504.2, to the physician who executed the certificate; (b) if the patient was taken into custody under Section 88-504.2 or Section 88-504.3, to the agency which took the patient into custody; and (c)".
By striking from quoted Section 88-506.3 the following:
"hospitalizaed" and "Section 88-506.5", and inserting in lieu thereof the following:
"hospitalized" and "Section 88-506.6", respectively.
By striking from quoted Section 88-506.4 the following: "Section 88-506.5",
and inserting in lieu thereof the following: "Section 88-506.6".
By renumbering quoted Sections 88-506.5, 88-506.6 and 88-506.7 as Sections 88-506.6, 88-506.7 and 88-506.8, respectively.
By adding a new quoted Section 88-506.5, to read as follows:
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JOURNAL OP THE SENATE,
"88-506.5. Hearing Examiner.--(a) One or more Hearing Ex aminers shall be appointed by the Justices of the Supreme Court to hold the hearings provided under Section 88-506.6. Such Hearing Examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
(b) The Hearing Examiners shall have the authority to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas;
(3) Rule upon offers of proof;
(4) Regulate the course of the hearing;
(5) Provide for the taking of testimony by deposition;
(6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the pres ence of the Hearing Examiner.
(c) If a subpoena issued by the Hearing Examiner is dis obeyed, the Hearing Examiner may apply to the Superior Court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) In the event a patient cannot afford counsel in a hearing before the Hearing Examiner, the Hearing Examiner shall apply to the Superior Court of the county in which the hearing is held and that Court shall appoint counsel for the patient.
(e) An order of the Hearing Examiner rendered in a hear ing in Section 88-506.6 may be appealed to the Superior Court of the county in which the hearing was held in the manner provided by Section 88-502.16 for appeals from orders of the Courts of Ordi nary.".
By striking from renumbered Section 88-506.6 (formerly Section 88-506.5) paragraph (3) of subsection (c) in its entirety and inserting in lieu thereof a new paragraph (3), to read as follows:
"(3) If a hearing is requested within fifteen days of service of the petition on the patient and his representatives, the Court of Ordinary in the county of the patient's residence shall serve notice on the superintendent and shall transmit the petition and the request for a hearing to the office of the Hearing Examiner. The Hearing Examiner shall set a time and place for the hear ing to be held within ten days of the time the Hearing Examiner receives the petition. Notice of the hearing shall be served on the patient and his representatives as provided in Section 88-502.15. The Hearing Examiner may grant a continuance for good cause. The patient or his representatives may apply for a change of
MONDAY, MARCH 24, 1969
1717
venue for the convenience of parties or witnesses. A change of venue may be ordered within the discretion of the Hearing Ex aminer. The patient shall have a right to counsel. The patient and his representatives shall be informed of this right by the Hearing Examiner and, if the patient cannot afford counsel, counsel shall be appointed as provided in Section 88-506.5 (d). The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the HearingExaminer, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Hearing Examiner's action. The Hearing Examiner shall receive all relevant testimony and evidence. At least one physician attending the patient at the Treatment Facility shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Hearing Examiner concludes that the patient requires continued hospitalization, the Hearing Examiner shall so order and the Treatment Facility shall thereby be authorized to retain the patient for a period not to exceed one year.".
By striking from renumbered Section 88-506.7 (formerly Section 88-506.6) the following:
"Section 88-506.7",
and inserting in lieu thereof the following:
"Section 88-506.8".
By striking from renumbered Section 88-506.8 (formerly Section 88-506.7) the following:
"in subsection 88-506.5 (c) (1) and the Court of Ordinary shall conduct proceedings as provided in subsection 88-506.5 (c) (2) and 88-506.5 (c) (3)",
and inserting in lieu thereof the following:
"in subsection 88-506.6 (c) (1) and proceedings shall be con ducted as provided in subsections 88-506.6 (c) (2) and 88-506.6 (c) (3)".
By striking from subsection (j) of quoted Section 88-507.3 the fol lowing:
"Section 88-506.5",
and inserting in lieu thereof the following:
"Section 88-506.6".
1718
JOURNAL OF THE SENATE,
By striking from subsection (b) of quoted Section 88-508.2 the following:
"Sections 88-505.3, 88-506.4 and 88-506.5",
and inserting in lieu thereof the following:
"Sections 88-505.3 and 88-506.4".
By striking subsection (d) of quoted Section 508.2 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows:
"(d) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient shall not exceed $10.00 and actual expenses. In exceptional cir cumstances, the attorney may apply to the Superior Court of the judicial circuit in which the hearing was held for an order grant ing reasonable fees in excess of the amount specified herein.".
By striking quoted Section 88-508.9 in its entirety and inserting in lieu thereof a new Section 88-508.9, to read as follows:
"88-508.9. Determination of applicable method of hospitalization.--The governing authority of any county may determine that persons in the county shall be hospitalized only under the judicial admission provisions of Sections 88-507.2 through 88-507.3. In the absence of such a determination, the medical admission provisions of Sections 88-504.1 through 88-504.6; 88-505.1 through 88-505.7; and 88-506.1 through 88-506.4 shall be the only applicable method of hospitalization in that county. The determination that the judi cial admission provisions shall constitute the applicable method of hospitalization shall be made by the governing authority of the county within its sole and absolute discretion after consultation with the Ordinary of that county and with the county board of health and shall establish the exclusive method of hospitalization to be used in that county. If the governing authority of any county determines, as provided in this Section, that the medical admission procedures shall not apply in that county, the sole method of hos pitalization in that county, notwithstanding any other provision of law, sail be the judicial admission procedures provided in Section 88-507.2 through 88-507.3. If a county elects to utilize only the judicial admission procedures as provided in this Section, notice of such election shall be given to the department by the governing authority. Not more often than annually, the governing authority of any county may reexamine the method of hospitalization utilized in that county and make a new determination, under the provisions of this Section, as to whether the medical admission procedures or the judicial admission procedures shall apply in that county. Notice of any change in the admission procedures employed in that county shall be given to the department.".
By adding after the first sentence of paragraph (1) of subsection (a) of quoted Section 49-604, the following:
MONDAY, MARCH 24, 1969
1719-
"The Court shall serve notice of the petition on the patient and his representatives under the provisions of Section 88-502.15.".
By striking from paragraph (3) of subsection (a) of quoted Sec tion 49-604, the following:
"In all cases in which a petition for the appointment of a guardian is filed under subsection (a), the petition",
and
"subsection 88-506.5 (c) (3)",
and inserting in lieu thereof the following:
"Unless only a temporary guardianship is sought under the provisions of subsection (a) (2), the petition filed under subsec tion (a) (1)",
and
"Section 88-506.4", respectively.
And, by adding in the first sentence of quoted Section 49-610 be tween the words "physician" and "residing", the following:
"licensed to practice medicine under the Georgia Medical Prac tice Act (Chapter 84-9)".
Respectfully submitted,
FOR THE SENATE
/s/ Robert A. Rowan Robert A. Rowan Senator, 8th District
/s/ Frank C. Vann Frank C. Vann Senator, 10th District
/s/ Culver Kidd Culver Kidd Senator, 25th District
FOR THE HOUSE OF REPRESENTATIVES
/s/ Clayton Brown Clayton Brown Representative, 32nd District
/s/ Sidney Marcus Sidney Marcus Representative, 105th District
/s/ Virgil T. Smith Virgil T. Smith Representative, 3rd District
1720
JOURNAL OP THE SENATE,
Senator Rowan of the 8th moved that the Senate adopt the report of the Conference Committee to HB 1.
On the motion, the ayes were 42, nays 0.
The motion prevailed, and the report of the Conference Committee was adopted.
Scripture reading and prayer were offered by the Reverend Chess Smith, of Tifton, Georgia.
By unanimous consent, the roll call was dispensed with.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 1. By Smith of the 3rd, Brown of the 110th, Holder of the 49th, Townsend of the 115th: A bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:
SB 106. By Senator Carter of the 14th: A bill to amend an Act to authorize and direct the Director of the De partment of Public Safety to provide for temporary driver's licenses; to repeal conflicting laws; and for other purposes.
SB 257. By Senator Garrard of the 37th: A bill to amend Code Section 56-2703, relating to life insurance cover age for dependents under group policies, as amended, so as to change
MONDAY, MARCH 24, 1969
1721
the circumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses, dependent and minor children; and for other purposes.
SR 67. By Senators Starr of the 44th and Coggin of the 35th:
A resolution requesting the Civil Aeronautics Board to award certifica tion to operate air service between Atlanta, Georgia, and Hawaii, and beyond Hawaii; and for other purposes.
SR 80. By Senators Smith of the 34th, Kidd of the 25th and Bateman of the 27th and others:
A resolution requesting the Governor to make the necessary funds available for the placing of a Medal of Honor monument in the Medal of Honor Grove of Freedom's Foundation.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and for other purposes.
HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend Code Section 92-3216, relating to the secrecy and con fidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing au thority of counties and municipalities, to furnish information from State income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.
The House has passed, by substitute, by the requisite constitutional ma jority the following bill of the Senate, to-wit:
SB 85. By Senator Hensley of the 33rd:
A bill to amend Code Section 95-1504, as amended, to provide that State Highway Department is authorized to make regulations for in-
1722
JOURNAL OF THE SENATE,
stallation, construction and maintenance of any public utility project; to make violation a misdemeanor; to repeal conflicting laws; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th, and Adams of the 26th:
A bill to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, approved Feb. 13, 1956, so as to provide for a definition of the term "State property"; to provide an effective date; to repeal conflicting: laws; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 194. By Messrs. Grahl of the 40th and Barber of the 15th:
A bill establishing a retirement system for teachers in the State pub lic schools, so as to provide that certain members may be placed back into full retirement benefits upon meeting certain requirements; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 1010. By Messrs. Gunter and Moore of the 6th: A bill to amend an Act creating the North Georgia Mountains Authority, so as to further define the term "project", as used in said Act; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
HB 630. By Messrs. Cook, Horton, Felton, Gates and Hawes of the 95th, Egan of the 116th and others: A bill to amend an Act establishing a new Charter for the City of At lanta, so as to provide by ordinance for the establishment of reasonable fees chargeable to the general public, or any reasonable class thereof, for admission to the zoo; and for other purposes.
MONDAY, MARCH 24, 1969
1723
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 387. By Mr. Harris of the 77th: A bill to provide for the appointment of Assistant District Attorneys of the Stone Mountain Judicial Circuit; to provide for the powers and duties of said assistants; to provide for the payment of salaries for said assistants; and for other purposes.
HB 435. By Messrs. Evans, Keen, Pinkston and Knapp of the 81st and Miller of the 83rd: A bill to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect within the limits of said City any tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes.
HB 964. By Messrs. Brown of the 110th, Hood of the 99th, Horton of the 95th, Jordan of the 55th, Ezzard of the 102nd, Shepherd of the 107th: A bill to provide that the employees of certain counties and of the political subdivisions located within such counties shall have the right of self-organization; and for other purposes.
The following bills were read the first time and referred to committees:
HB 387. By Mr. Harris of the 77th:
A bill to provide for the appointment of Assistant District Attorneys of the Stone Mountain Judicial Circuit; to provide for the powers and duties of said assistants; to provide for the payment of salaries for said assistants; and for other purposes.
Referred to Committee on Rules.
HB 435. By Messrs. Evans, Keen Pinkston of the 81st and others:
A bill to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect within the limits of said City any tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide authorization
1724
JOURNAL OF THE SENATE,
for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and for other purposes.
Referred to Committee on Rules.
HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend Code Section 92-3216, relating to the secrecy and confi dentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing au thority of counties and municipalities, to furnish information from State income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.
Referred to Committee on Rules.
HB 630. By Messrs. Cook, Horton, Felton of the 95th and others:
A bill to amend an Act establishing a new Charter for the City of Atlanta, so as to provide by ordinance for the establishment of reason able fees chargeable to the general public, or any reasonable class thereof, for admission to the zoo; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 964. By Messrs. Brown of the 110th, Hood of the 99th, Horton of the 95th and others:
A bill to provide that the employees of certain counties and of the political subdivisions located within such counties shall have the right of self-organization; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1010. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act creating the North Georgia Mountains Au thority, so as to further define the term "project", as used in said Act; and for other purposes.
Referred to Committee on Rules.
The following bill of the House was taken up for the purpose of considering House action thereto:
MONDAY, MARCH 24, 1969
1725
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
Senator Chapman of the 32nd moved that the Senate adhere to the Senate amendment to HB 225, and that a Conference Committee be appointed.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
The president appointed as a Conference Committee on the part of the Senate the following:
Senators Hardy of the 56th, Bateman of the 27th and Chapman of the 32nd.
The Senate resolved itself into a Committee of the Whole for the purpose of considering the following bill:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
The Committee of the Whole was dissolved.
Senator Plunkett of the 30th, Chairman of the Committee of the Whole Senate, submitted the following report:
"Mr. President, the Committee of the Whole Senate has had under consid eration HB 77 and has instructed me, as its Chairman, to report the same back to the Senate, with the recommendation that the same do pass by substitute, and that HB 844 and HR 72 do pass."
The following bill of the House was taken up for the purpose of considering the report of a Conference Committee thereto:
1726
JOURNAL OF THE SENATE,
HB 207. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
The Conference Committee report was as follows:
The Conference Committee on HB 207 recommends the following:
That the House and Senate recede from their respective posi tions and that the attached substitute bill be adopted.
Respectfully submitted,
SENATE
/s/ Roy V. Noble of 19th /a/ Joseph E. Kennedy of 4th /s/ Martin Young of 13th
HOUSE OF REPRESENTATIVES
/s/ James T. Conner of 56th /s/ J. Crawford Ware of 30th /s/ Wm. J. Lee of 21st
A BILL
To be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2046), so as to change the compensation of the sheriff; to change the compensation of the chief deputy; to change the com pensation of the office clerk; to authorize the furnishing of uniforms to the sheriff's office; to authorize the governing authority of Jeff Davis County to provide an additional deputy and one automobile for the sheriff's office in their discretion; to provide an effective date; 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 Jeff Davis County on an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2046), is hereby amended by striking from Section 2 the symbol and figures "$8,000.00" and substituting in lieu thereof the symbol and figures "$10,500.00", so that when so amended Section 2 shall read as follows:
"Section 2. The sheriff of Jeff Davis County shall receive an annual salary of $10,500.00, payable in equal monthly installments from the funds of Jeff Davis County."
MONDAY, MARCH 24, 1969
1727
Section 2. Said Act is further amended by striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. The sheriff of Jeff Davis County shall have the power and authority to appoint a chief deputy sheriff and to fix his compensation at not less than $498.00 per month. In addition, the sheriff is authorized to employ an office clerk who shall be compensated in the amount of $75.00 per week. Such personnel's compensation shall be paid from the funds of Jeff Davis County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed, as provided above, and to prescribe their duties and assignments and to remove or replace such personnel at will and within the sole discretion of the sheriff."
Section 3. Said Act is further amended by inserting in the second sentence of Section 6 between the words "utilities" and "and" the fol lowing: ", uniforms", so that when so amended Section 6 shall read as follows:
"Section 6. Jeff Davis County shall furnish two automobiles for the use of the sheriff and his deputies, which automobiles shall be the property of Jeff Davis County. Such automobiles shall be used for official business and the gas, oil and upkeep of said auto mobiles shall be paid from the funds of Jeff Davis County. All sup plies, materials, furnishings, furniture, utilities, uniforms and equipment, except as hereinbefore provided, and the repair, re placement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The governing authority of Jeff Davis County shall be responsible for feeding the prisoners confined in the county jail."
Section 4. Said Act is further amended by inserting between Sec tions 6 and 7 a new Section 6A and to read as follows:
"Section 6A. The governing authority of Jeff Davis County is authorized to provide an additional deputy and one additional automobile for the use of the sheriff's office if, in the discretion of the governing authority, such additional deputy and automobile are required. Such additional deputy shall receive such compensa tion as shall be fixed by the governing authority of Jeff Davis County."
Section 5. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
1728
JOURNAL OP THE SENATE,
Senator Noble of the 19th moved that the Senate adopt the report of the Conference Committee to HB 207.
On the motion, the ayes were 38, nays 0.
The motion prevailed, and the Conference Committee report was adopted.
The following bill of the House was taken up for the purpose of consideringr the report of a Conference Committee thereto:
HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The report of the Conference Committee was as follows:
The Conference Committee on HB 210 recommends the following:
That the Senate and House recede from their respective posi tions and that the attached substitute bill be adopted.
Respectfully submitted,
SENATE
/s/ Roy V. Noble of 19th /a/ Joseph E. Kennedy of 4th /s/ Martin Young of 13th
HOUSE OF REPRESENTATIVES
/s/ James L. Conner of 56th /s/ J. Crawford Ware of 30th /s/ Wm. J. Lee of 21st
A BILL
To be entitled An Act to abolish the present mode of compensatingthe Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County, known as the fee system; to provide in lieu thereof annual salaries for such officers; to provide that all fees, costs or other emolu ments of each of said officers 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 for the payment of theoperating expenses of said offices; to provide for the employment of deputies, clerks, assistants and all required personnel by such officers;: to provide for the compensation for such personnel; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 24, 1969
1729
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The present mode of compensating the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County, known as the fee system, is hereby abolished, and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided.
Section 2. The Clerk of the Superior Court shall receive an annual salary of $9,000, payable in equal monthly installments from the funds of Jeff Davis County.
Section 3. The Tax Commissioner shall receive an annual salary of $9,000, payable in equal monthly installments from the funds of Jeff Davis County.
Section 4. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for serv ices in any capacity in their respective offices, 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 15th day of each month next following the month in which they were collected or received.
At the time of each such monthly payment into the county treasury, each of said officers 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 amounts of money collected and the source thereof.
Section 5. It is specifically provided that the salary provided here in for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended.
Section 6. The clerk is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $75.00 per week. It shall be within the sole power and authority of the clerk, 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.
1730
JOURNAL OF THE SENATE,
Section 7. The tax commissioner is authorized to employ such per sonnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $75.00 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 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.
Section 8. During the period of the year in which the workload within the tax commissioner's office shall become particularly heavy, the governing authority of Jeff Davis County may authorize the tax commissioner to employ such additional clerical personnel as the gov erning authority may authorize and such personnel shall receive such compensation lor their services as the governing authority shall fix.
Section 9. The necessary operating expenses of each of said offices, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reason ably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Jeff Davis County.
Section 10. The official bonds of each of said officers, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each elected officer, and the pre miums and costs thereof shall be paid out of any county funds available for that purpose.
Section 11. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Noble of the 19th moved that the Senate adopt the report of the Conference Committee to HB 210.
On the motion, the ayes were 38, nays 0.
The motion prevailed, and the report of the Conference Committee was adopted.
MONDAY, MARCH 24, 1969
1731
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 61. By Senator Holley of the 22nd:
A bill to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee", within the meaning of such county pension or retirement laws existing in said counties, etc., to provide for the continuation of said previous inclusion, etc.; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The House Committee on Local Affairs offered the following substitute:
A BILL
To be entitled An Act to provide for the Solicitor of City Court in certain counties to be included as a "permanent employee" within the meaning of such county pension or retirement laws existing in said counties; to provide for the continuation of said previous inclusion in said existing law so as to allow full credit for all previous time of said Solicitor as a "permanent employee"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. In all counties of this State having a population of not less than 135,000 nor more than 140,000, according to the United States Decennial Census of 1960 or any such future census, the duly elected, or appointed Solicitor of the city court of said counties shall be in cluded as a "permanent employee", and thereby entitled to membership, in such existing pension or retirement laws of said counties.
Section 2. All such previous years of service as a member of such pension laws shall be credited to said Solicitor in ascertaining his bene fits under said pension laws, provided that said Solicitor has paid in, and not had returned to him, sufficient contributions to entitle him to said previous years under the terms of said pension laws.
Section 3. After becoming a member of said county pension or re tirement fund, as aforesaid, said Solicitor shall thereafter be subject to all the terms and conditions thereof, as are other members, including the requirement of contributions to the same.
Section 4. The effective date of this Act shall be January 1, 1969.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
1732
JOURNAL OF THE SENATE,
Senator Holley of the 22nd moved that the Senate agree to the House substi tute to SB 61.
On the motion, the ayes were 36, nays 0.
The motion prevailed, and the House substitute was agreed to.
The following bill of the House was taken up for the purpose of considering the report of a Conference Committee thereto:
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and others:
A bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
The report of the Conference Committee was as follows:
The Conference Committee on HB 225 recommends the following:
(1) That the House and Senate recede from their respective posi tions, and the bill, as introduced, be adopted with the following modifications:
(a) that the words "or about to cause" be deleted from the title; and
(b) that the words "or about to be caused" and "about to cause, or" be deleted from Section 5.
FOR THE SENATE
/s/ Cyrus M. Chapman Senator, 32nd District
/s/ Oliver C. Bateman Senator, 27th District
/s/ Joel C. (Jack) Hardy Senator, 56th District
Respectfully submitted,
MONDAY, MARCH 24, 1969
1733
FOR THE HOUSE
/a/ Kent Dickinson Representative, 118th District
/s/ Henry L. Reaves Representative, 71st District
/s/ Howard H. Rainey Representative, 47th District
Senator Chapman of the 32nd moved that the Senate adopt the report of the Conference Committee to HB 225.
On the motion, the ayes were 36, nays 0.
The motion prevailed, and the report of the Conference Committee was adopted.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Lambert of the 25th and others:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
Senator Smith of the 18th moved that the Senate adhere to its amendment to HB 564, and that a Conference Committee be appointed.
On the motion the ayes were 35, nays 0, and the motion prevailed.
The president appointed as a Conference Committee on the part of the Senate the following:
Senators Walling of the 42nd, Pennington of the 45th and Zipperer of the 3rd.
The following reports of standing committees were read by the secretary:
1734
JOURNAL OF THE SENATE,
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 of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 446. Do pass.
HB 524. Do pass.
Respectfully submitted,
Pennington of 45th District,
Chairman.
Senator Holloway of the 12th District, Chairman of the Committee on Indus try and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 971. Do pass.
Respectfully submitted, Holloway of 12th District, Chairman.
Senator Broun of the 46th District, Chairman of the Committee on Univer sity System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under consideration the following bills of the House and has instructed me, as Chairman, to report same back to the Senate with the following recommendations:
HB 953. Do pass. HB 954. Do pass.
Respectfully submitted, Broun of 46th District, Chairman.
MONDAY, MARCH 24, 1969
1735
Senator Pennington of the 45th District, Chairman of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 684. Do pass.
Respectfully submitted,
Pennington of 45th District,
Chairman.
Senator Spinks of the 9th 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 considers tion the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with following recommendations:
HB 781. Do pass. HB 782. Do pass as amended.
Respectfully submitted, Spinks of 9th District, Chairman.
Senator Spinks of the 9th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 4. Do pass. Respectfully submitted, Spinks of 9th District, Chairman.
Senator Fincher of the 51st District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
1736
JOURNAL OF THE SENATE,
Mi. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following resolution of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendation:
HR 298. Do pass.
Respectfully submitted,
Fincher of 51st District,
Chairman.
Senator Smith of the 18th 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 bills and resoultions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 905. Do pass. HB 999. Do pass as amended. HR 228. Do pass. HR 307. Do pass. HR 310. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 137. Do pass. HB 259. Do pass as amended. HB 389. Do pass. HB 505. Do pass.
MONDAY, MARCH 24, 1969
1737
HB 582. Do pass. HB 843. Do pass. HB 878. Do pass. HB 900. Do pass. HB 911. Do pass. HB 912. Do pass. HB 940. Do pass. HB 947. Do pass. HB 975. Do pass. HB 983. Do pass. HB 992. Do pass. HB 995. Do pass. HB 996. Do pass. HB 1003. Do pass. HB 1005. Do pass. HB 1006. Do pass. HB 1007. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
The following resolutions were read and adopted:
SR 159. By Senator Tysinger of the 41st:
A resolution commending the Sequoyah High School Gymnastics Team and Coach Robert E. Nowell, Jr.; and for other purposes.
SR 161. By Senator Brown of the 47th:
A resolution congratulating the Hart County High School Girls' "Bulldogettes" Basketball Team and Coach Bill Ensley; and for other pur poses.
SR 162. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A resolution commending Honorable James L. Webb; and for other purposes.
1738
JOURNAL OF THE SENATE,
Senator Eldridge of the 7th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bill and resolution 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 233. SR 138.
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Eldridge of the 7th, 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 the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 120. Respectfully submitted, Eldridge of the 7th District, Chairman.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 253. By Mr. Shanahan of the 8th:
A bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said commissioner; and for other purposes.
Senator Fincher of the 51st moved that the Senate adhere to its amendment to HB 253, and that a Conference Committee be appointed.
MONDAY, MARCH 24, 1969
1739
On the motion, the ayes were 35, nays 0, and the motion prevailed.
The president appointed as a Conference Committee on the part of the Senate the following:
Senator Fincher of the 51st, Kidd of the 25th and London of the 50th.
Senator Ward of the 39th 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 tomorrow morning at 9:00 o'clock.
1740
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Tuesday, March 25, 1969.
The Senate met pursuant to adjournment at 9:00 o'clock this morning, and was called to order by the president.
Senator Kennedy of the 4th reported that the journal of yesterday's proceed ings had been read and found correct.
Senator Garrard of the 37th moved that the Senate reconsider its action of yesterday on the following bill of the House:
HB 536. By Messrs. Lane of the 101st, Horton, Felton, Gates and Hawes of the 95th:
A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the salary of the mayor; and for other purposes.
On the motion to reconsider, the ayes were 38, nays 0.
The motion prevailed, and HB 536 was placed at the foot of the calendar.
Senator Garrard of the 37th moved that the Senate reconsider its action of yesterday on the following bill of the House:
HB 813. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A bill to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made by places of amusements, sports, or entertaiment or other like places where an admission fee is charged; and for other purposes.
The motion prevailed, and HB 813 was placed at the foot of the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
TUESDAY, MARCH 25, 1969
1741
Senator Coggin of the 35th asked unanimous consent that the following be established as the order of business of the day:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions. 7. Third reading and consideration of general bills and resolutions.
The consent was granted.
The president announced as the doctor of the day, Dr. George M. Faile, Jr. and as the nurse of the day, Miss Pamela Rapp.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, Russell and Keyton of the 70th:
A bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
Senator Eldridge of the 7th moved that the Senate insist on its amendment to HB 407.
On the motion, the ayes were 29, nays 0, and the motion prevailed.
The following bill and resolutions were introduced, read the first time, and referred to committees:
SB 289. By Senator Broun of the 46th: A bill to provide that any bill relative to any retirement, pension or emeritus system shall not be introduced in the General Assembly except under certain conditions; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
1742
JOURNAL OF THE SENATE,
SR 163. By Senator McGill of the 24th:
A resolution creating the Game and Pish Revenues Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 168. By Senator Smith of the 18th:
A resolution creating "Local Government Needs Study Committee"; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
HB 1011. By Mr. Ross of the 26th:
A bill to require the chairman of the Board of Commissioners of Taliaferro County to obtain a valid surety bond in the amount of $10,000.00, which bond shall be approved by the Ordinary of Taliaferro County, and payable to the Ordinary; and for other purposes.
HR 134. By Messrs. Gunter and Moore of the 6th: A resolution compensating Mr. T. L. Hodges, Jr.; and for other purposes.
HR 352. By Messrs. Gary and Lee of the 21st:
A resolution authorizing the conveyance of certain real property located in Clayton County, Georgia, to the City of Atlanta; and for other purposes.
HB 877. By Mr. Murphy of the 19th:
A bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by said department; and for other purposes.
HB 886. By Messrs. Miles of the 78th and Dent of the 79th:
A bill to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta as so authorized; and for other purposes.
TUESDAY, MARCH 25, 1969
1743
HB 387. By Mr. Harris of the 77th:
A bill to provide for the appointment of Assistant District Attorneys of the Stone Mountain Judicial Circuit; to provide for the powers and duties of said assistants; to provide for the payment of salaries for said assistants; and for other purposes.
HB 435. By Messrs. Evans, Keen, Pinkston of the 81st and others:
A bill to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect within the limits of said City any tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes.
HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and for other purposes.
HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend Code Section 92-3216, relating to the secrecy and confidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing au thority of counties and municipalities, to furnish information from State income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.
HB 630. By Messrs. Cook, Horton, Felton of the 95th and others:
A bill to amend an Act establishing a new Charter for the City of Atlanta, so as to provide by ordinance for the establishment of reason able fees chargeable to the general public, or any reasonable class thereof, for admission to the zoo; and for other purposes.
HB 964. By Messrs. Brown of the 110th, Hood of the 99th, Horton of the 95th and others:
A bill to provide that the employees of certain counties and of the political subdivisions located within such counties shall have the right of self-organization; and for other purposes.
1744
JOURNAL OF THE SENATE,
HB 1010. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act creating the North Georgia Mountains Authority, so as to further define the term "project", as used in said Act; and for other purposes.
The following report of a standing committee was read by the secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 280. Do pass. HB 525. Do pass. HB 686. Do pass. HB 862. Do pass. HB 864. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
The following local, uncontested bills, favorably reported by the committee, were read the third time, and put upon their passage:
HB 259. By Messrs. Smith and Caldwell of the 39th: A bill to amend, consolidate and supersede the several acts of the General Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 259 by striking subsection (a) of Section 4-1 of Article IV in its entirety and substituting in lieu thereof the following:
"(a) Reading Required. All ordinances and resolutions, before they shall pass, shall be read at two separate regular or special meetings."
TUESDAY, MARCH 25, 1969
1745
And by striking in Section 4-41 of Article IV the phrase "by ordinance" and substituting in lieu thereof the phrase "to adopt ordi nances as authorized by the laws of Georgia"
And by striking in Section 4-47 of Article IV the phrase:
"to require all railroad companies to station watchmen at street ssings;"
And by striking in Section 4-47 of Article IV the phrase:
"to prohibit more than one train from crossing or runningparallel with another train at the same time across a street crossing:"
And by striking in Section 4-60 of Article IV the following:
"to regulate the sale and use of fire crackers, torpedoes, sky rockets, and any other kind of fireworks; to prohibit the firing or use of them within the limits of said city;"
And by striking in Article IV, Sections 4-57, 4-59, and 4-60 in their entirety.
And by renumbering Section 4-58 as Section 4-57 And by renumbering Section 4-61 as Section 4-58 And by renumbering Section 4-62 as Section 4-59 And by renumbering Section 4-63 as Section 4-60
And by striking Section 6-5 of Article VI in its entirety and by substituting in lieu thereof the following:
"Section 6-5. Authority to Arrest Without Warrant. The Chief of Police and the policemen of the City may arrest without warrant in all cases where authority is given to arresting officers of this State by the laws of Georgia for making arrests without a warrant."
And by striking in Article VI, Section 6-11 and Section 6-12 in their entirety.
On the adoption of the amendment, the ayes were 52, 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 52, nays 0.
1746
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed as amended.
HB 137. By Mr. Lambert of the 25th:
A bill to provide an expense allowance for the District Attorney of the Ocmulgee 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 389. By Mr. Harris of the 77th:
A bill to amend an Act creating the Civil and Criminal Court of DeKalb County, so as to provide for the procedure of said Court and salaries of the officers and certain employees of said Court; 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 505. By Messrs. Kreeger, Atherton, Housley and Burruss of the 117th: A bill to amend an Act providing a new charter for the City of Marietta, so as to change the amount of ad valorem tax which may be levied to support and maintain the public schools of said city; 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 52, nays 0.
TUESDAY, MARCH 25, 1969
1747
The bill, having received the requisite constitutional majority, was passed.
HB 582. By Messrs. Snow, Crowe and Hale of the 1st, Peters of the 2nd and Floyd of the 7th:
A bill to repeal an Act providing a supplement to the salary of the Judge of the Superior Court of the Lookout Mountain Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 843. By Mr. Jordan of the 55th:
A bill to amend an Act abolishing the fee system compensating the clerk of the superior court, the sheriff, the ordinary and the tax com missioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 878. By Messrs. Kreeger, Wilson, Housley, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide that said court be a court of record except in certain cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1748
JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 900. By Messrs. Connell and Dent of the 79th, Sherman of the 80th and Miles of the 78th:
A bill to provide for an associate judge of the city court in all counties of this State 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 911. By Mr. Maxwell of the 78th:
A bill to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General As sembly; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 912. By Mr. Maxwell of the 78th:
A bill to fix the compensation of certain elected officials in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, MARCH 25, 1969
1749
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 940. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd and others: A bill to provide two additional court reporters for certain judicial cir cuits; to provide additional secretarial and clerical help in such circuits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 947. By Mr. Busbee of the 61st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dougherty, so as to authorize the Board to create sanitary districts in said county; to provide for sanitary services in said districts, etc.; to provide for a tax or assessment to pay for same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 975. By Mr. Collins of the 62nd:
A bill to abolish the office of County Treasurer for Mitchell County; to transfer the duties of said office to the Clerk of the Board of Commis sioners of Mitchell County; to provide for a depository; and for other purposes.
1750
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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 983. By Messrs. Harris, Levitas, Farrar of the 77th and others:
A bill to amend the charter of the City of Avondale Estates, so as to modify and expand the 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 992. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, so as to increase the food allowance for the prisoners confined in the county jail; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 995. By Messrs. Smith and Caldwell of the 39th:
A bill to amend Code Section 21-105 of the Code of Georgia of 1933, relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, MARCH 25, 1969
1751
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 996. By Messrs. Farmer and Matthews of the 16th:
A bill to amend an Act establishing a city court in the county of Clarke (now known as the City Court of Athens), so as to provide for a special investigator; to provide for his qualifications; and for other purposes..
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed,
HB 1003. By Mr. Colwell of the 5th:
A bill to amend an Act creating the office of commissioner of Lumpkin 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1005. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating a new Board of Commissioners of Roads and Revenues of Gwinnett County, so as to change the provisionsrelating to audits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1752
JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1006. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A bill to amend an Act creating a new charter for the City of Albany, so as to change the compensation of the mayor and city commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1007. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Scripture reading and prayer were offered by the Reverend Nat Heeth, Smyrna, Georgia.
By unanimous consent, the roll call was dispensed with.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
TUESDAY, MARCH 25, 1969
1753
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th, and others:
A bill to provide for the protection, preservation, and investigation of archaeological sites, antiquities and artifacts on State properties; and for other purposes.
SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A bill to amend an Act which made comprehensive provisions for an integrated tax administration for Georgia, so as to remove the limitation on the number of motor vehicles which may be purchased; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:
SB 25. By Senators Gillis of the 20th, Cox of the 21st, and Noble of the 19th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, so as to exempt certain applicants for licenses as an agent, solicitor, broker, counselor or adjuster from the requirements of taking an exam ination prior to receiving a renewal license under certain conditions; and for other purposes.
SB 52. By Senators Gillis of the 20th, Cox of the 21st, Kidd of the 25th, and Starr of the 44th:
A bill to amend Section 56-808a of the Georgia Insurance Code, so as to change the word "state" to the word "jurisdiction" in certain in stances; and for other purposes.
SR 15. By Senators Webb of the llth and Bateman of the 27th:
A resolution creating the "Central Printing Agency Study Committee"; and for other purposes.
SR 37. By Senator Carter of the 14th:
A resolution creating the Providence Canyon Study Committee; and for other purposes.
1754
JOURNAL OF THE SENATE,
The House has adopted the following resolutions of the House, to-wit:
HR 412. By Messrs. Adams of the 100th, Salem of the 51st, Brown of the 32nd, Carnes of the 104th, and many, many others:
A resolution commending the lovely ladies of the Legislative Counsel's, Office; and for other purposes.
HR 417. By Messrs. Adams of the 100th, Salem and Rush of the 51st, Brown and Melton of the 32nd and many others:
A resolution commending the Legislative Counsel and his staff; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A bill to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and supersed ing the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, Russell and Keyton of the 70th:
A bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
TUESDAY, MARCH 25, 1969
1755
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Bennett and Reaves of the 71st, and Fallin of the 63rd.
The House has agreed to the Senate amendment as amended by the House, to the following bill of the House, to-wit:
HB 160. By Mr. Miller of the 83rd:
A bill to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 855. By Mr. Lewis of the 37th:
A bill to reincorporate the Town of Sardis in the County of Burke and to make the same a city; and for other purposes.
HB 965. By Messrs. Peterson and Nunn of the 41st:
A bill to amend an Act incorporating the City of Warner Robins, so as to extend the corporate limits of said city; and for other purposes.
HB 908. By Messrs. Bostick, Matthews and Fallin of the 63rd:
A bill to require the Chairman of the Board of Commissioners of all counties with populations of not less than 17,000 nor more than 34,000, to effectuate all actions approved by a majority of the members of said board; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 232. By Senator London of the 50th:
A bill to create a Board of Commissioners of Rabun County; to repeal conflicting laws; and for other purposes.
1756
JOURNAL OF THE SENATE,
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 236. By Senator London of the 50th:
A bill to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin Coun ty; to provide for a referendum; to repeal conflicting laws; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolution of the Senate, to-wit:
SB 150. By Senators Doss of the 52nd, Fincher of the 54th, Vann of the 10th and Starr of the 44th:
A bill to amend Code Section 23-1704, relating to the bonds required of contractors contracting with the county, as amended, so as to provide that the requirements of certain Code Sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at a less cost than $1,500; and for other purposes.
SR 83. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st, and others:
A resolution designating "Georgia Authors' Weeks"; and for other purposes.
SB 279. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Georgia Securities Act", so as to provide for an exemption from the registration requirements of said Act for transactions involving the issuance of certain security; and for other purposes.
The following resolutions were read and adopted:
SR 158. By Senator Broun of the 46th:
A resolution commending all banks, savings and loan associations, credit unions and life insurance companies participating in the Georgia guar anteed student loan program; and for other purposes.
SR 160. By Senator Broun of the 46th:
A resolution expressing regret at the passing of Mr. Ralph Mattox Snow; and for other purposes.
TUESDAY, MARCH 25, 1969
1757
SR 164. By Senators Chapman of the 32nd and Hardy of the 56th:
A resolution acknowledging the presence of Dr. Solon C. Couch during the 1969 Session of the Senate of Georgia.
SR 165. By Senator Dean of the 6th:
A resolution opposing the passage of a bill adding one additional judge to the Waycross Judicial Circuit; and for other purposes.
HR 405. By Messrs. Smith of the 43rd, Busbee of the 61st, Lambert of the 25th and Lee of the 61st:
A resolution relative to adjournment; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th and Adams of the 26th:
A bill to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, ap proved February 13, 1956 (Ga. L. 1956, p. 52), so as to provide for a definition of the term "State property"; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House Committee on State of Republic offered the following amend ment:
Amend SB 116 by adding at the end of subsection (a) of quoted Section 1 of Section 1 the following sentence:
"Provided, however, the term 'State Property' shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System; the State Building Authority (University), and any county or independent school system of this State."
Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 116.
On the motion, the ayes were 35, nays 0, and the House amendment was agreed to.
1758
JOURNAL OF THE SENATE,
The following general bill and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 844. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th :
A bill to amend an Act entitled "An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, etc.", approved February 28, 1969 (Act. No. 57), so as to delete the appropriation relating to hog cholera indemnities; to provide an appropriation for livestock indemnities; 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 voter was as follows:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis
Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Pennington Plunkett Reeder
Reynolds Riley Rowan Scott Searcey Smalley Smith of 34th Starr Stephens Trippe Tysinger Vann Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 72. By Mr. Lowrey of the 9th: A resolution compensating Mr. Paul Cochran; and for other purposes.
TUESDAY, MARCH 25, 1969
1759
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:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis
Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Pennington Plunkett Reeder
Reynolds Riley Rowan Scott Searcey Smalley Smith of 34th Starr Stephens Trippe Tysinger Vann Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Eldridge of the 7th gave notice that at the proper time he would move that the Senate reconsider its action in passing the following bill of the House:
HB 843. By Mr. Jordan of the 55th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax com missioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.
1760
JOURNAL OF THE SENATE,
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to make and provide appropriations for the fiscal year beginningJuly 1, 1969, and ending June 30, 1970; and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
The Committee of the Whole Senate offered the following substitute:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; to make and provide such appropriations for the operation of the State Gov ernment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions, and for all other gov ernmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1969.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation, expenses, mileage allowances, travel and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Repre sentatives; for membership in the Council of State Gov ernments; National Conference of Commissions on Uni form State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses
TUESDAY, MARCH 25, 1969
1761
for the legislative branch; for the necessary cost of reno
vating and repairing the housing and other facilities
for the legislative branch; for cost of compiling, publish
ing and distributing the Acts and Journals of the General
Assembly, and the annual report of the State Auditor to
,
the General Assembly; for election blanks and any other
election expense, including publishing constitutional
amendments; for all costs of Georgia Official and Statis-
'I
tical Register as provided by resolution; and for cost of
Legislative Services Committee and the Office of Legis
lative Counsel as authorized by law.
1969-70 .__--------------_.........__.--......_._....._$ 4,825,000.00
1970-71 _-------_----------------------------$ 4,825,000.00
Changed objects: Personal Services ...._.,,._.....__..._$ 2,740,000.00 Operating Expenses ......_....._.,,____$ 1,985,000.00 Capital Outlay _._._._,,_____...........$ 100,000.00
Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the ex penditure of funds appropriated to the legislative branch of government. The Committee is hereby authorized to promulgate rules and regulations relative to the ex penditure of funds appropriated to the legislative branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and pro grams which are paid for from funds appropriated to the legislative branch of government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.
Section 2. Audits, Department of. Operations
1969-70 __---------__--___.------------_----$ 1970-71 --_-_-----_______----.----.--$
750,000.00 750,000.00
Changed objects: Personal Service Operating Expenses .,,.
691,100.00 83,900.00
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. For the cost of oper ating the Supreme Court of the State of Georgia, in-
1762
JOURNAL OF THE SENATE,
eluding salaries of Justices and the employees of the Court, their retirement contributions and three Emeritus positions. Provided, however, that the listed appropri ation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of at torneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.
1969-70 1970-71
550,441.00 550,441.00
Changed object: Personal Services
-$531,811.00
Section 4. Court of Appeals. For the cost of oper ating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal
year.
1969-70 _...__....._.._...._..___-..__----.___--_--.-$
1970-71
--____..____....._....__...__..._...____......
662,800.00 662,800.00
Changed object: Personal Services --___--..
Section 5. Superior Courts.
..$ 620,800.00
A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent ex pense allowances authorized by law, the payment of mileage as authorized by law, and such other salaries and expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each addi tional Judge Emeritus position established during the fiscal year.
1969-70 _.__-__--...__--.__--__--.--.___--.__.-_-.! 1,756,967.00
1970-71 _.._.____.-..__--_.-.___.____._.._._____$ 1,756,967.00
Changed object: Personal Services
..$ 1,690,667.00
TUESDAY, MARCH 25, 1969
1763
Provided, further, that the listed appropriation shall be increased by the amount of $25,000.00 per annum for each Judgeship created by law during the 1969 session of the General Assembly.
B. For payment of salaries, contingent expense al lowances, and other expenses as may be authorized by law for the District Attorneys and District Attorneys Emeritus. Provided, however, that the listed appropri ations shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year.
1969-70 _.__.........._...___.._..._..._._._.._._.._..._$
1970-71 ........................ ^ .......,$
Section 6. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
1969-70 _._.._._____._.........._._._.__.__...______.______.__..$
1970-71 ...___...__.__.._..........._.__.__.___..._._._.$
975,100.00 975,100.00
35,000.00 35,000.00
PART III.
EXECUTIVE BRANCH GENERAL GOVERNMENT
Section 7. Commission on aging. 1969-70 ._......_..__.,,_._._......_.._.._.____._________.$ 1970-71 _____._.._------_.___..___........_____$
57,655.00 57,655.00
Changed objects: Personal Services _.._._.__.___._.$ 70,353.00 Operating Expenses _______..__._.__$ 16,362.00
Section 8. Art Commission, Georgia. 1969-70 ...___.._._...__..._____._..._........_._____.$ 1970-71 ____..__._.__.........____._..___....__$
57,060.00 57,060.00
Changed objects: Personal Services _______.__$ Operating Expenses __._.___._$
32,460.00 24,600.00
Section 9. Banking, Department of 1969-70 ......__.________.___._.__.__._$ 1970-71 -_.___.....__---_--_______...._$
572,054.00 572,054.00
1764
JOURNAL OF THE SENATE,
Changed object: Personal Services _____...______-___$ 452,054.00
Section 10. Capitol Square Improvement Committee.
A. Operating Costs. 1969-70 .----------_--------__._____.___$ 1970-71 --___-__---.-.______________$
150,000.00 150,000.00
B. Capital Outlay--Authority Lease Rentals, An nual Lease payments to Georgia Building Authority un der existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.
1969-70 .-_-___.________,,______._______,,_____$ 3,112,752.87
1970-71 -----________-___--__.______-$ 3,112,752.87
Section 11. Comptroller General. For the cost of operating the Office of the Comptroller General, Insur ance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquefied Petrolem Safety Act.
1969-70 _______________________________------$ 1,526,450.00
1970-71 _--,,------..-- -,,------.------__--$ 1,526,450.00
Changed objects:
Personal Services ___________._.$ 1,143,810.00
(
Operating Expenses __________$ 382,640.00
Section 12. Coordinator of Highway Safety: 1969-70 __..______-___.___..__---_----_----.----$ 1970-71 .__________________._______$
70,924.00 70,924.00
Changed objects:
,
Personal Services ____________.$ 80,148.00
(
Operating Expenses _-_______$ 61,700.00
Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military orga nizations, and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
1969-70 .___-_._________...___________.._._.__,,$ 1,070,393.00
1970-71 ------____----__-_________$ 1,070,393.00
Changed object: Personal Services _________$ 778,193.00
TUESDAY, MARCH 25, 1969
Section 14. Executive Department.
A. For the costs of operating the Executive De partment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the con tingent expenses of the Department, such as rewards, dues to the Governors' Conferences, the Southern Inter state Nuclear Compact, and the Advisory Commission on Intergovernmental Relations, and other special com mittee expenses.
1969-70 ._.__----_._.--_..-__,,_.--_-___-_..__.._.$
1970-71 -__---_----_----___.__.._..._.._..____$
1765
593,165.00 593,165.00
Changed object: Personal Services .....,,..............._..._$ 393,165.00
B. For the Governor's Mansion allowance. 1969-70 -_-----.._....__._____...._.-..............$ 1970-71 .._--------._.__..._-_.-....._-...-....._-.-.-.....$
25,000.00 25,000.00
Section 15. Budget Bureau. 1969-70 ._._._..........._.___________.___.__._____.__,,_,,$ 1970-71 -.---...-..._......_..._.__.__...._....._._.._.-.$
281,585.00 281,585.00
Changed object: Personal Services .----.,,.,,_._._...$ 235,085.00
Section 16. Planning and Programming Bureau.
(a) General operating costs. 1969-70 _______________________._.,,__..____.__._..__._.$ 1970-71 _____..__.__-___.__________.._..,,.__._...._....$
492,561.00 492,561.00
Changed objects: Personal Services .,,._..__,,__.._..$ Operating Expenses .........._..._.......$
660,296.00 214,712.00
Provided, however, that from the funds appropriated above, the Bureau shall provide sums sufficient to imple ment the Omnibus Crime and Safe Streets Act, as set forth in the budget document.
1766
JOURNAL OF THE SENATE,
(b) Grants to Area Planning and Development Com missions.
1969-70 ._.....___._..___._._...._..__.------$ 1970-71 ____________________.__--------.___..__..__..$
Section 17. Georgia Historical Commission. 1969-70 --_-__.,,_.____..._.__.._._____.$ 1970-71 -----___---__---___________$
823,200.00 823,200.00
416,400.00 416,400.00
Changed objects:
;
Personal Services _.._______$ 265,000.00
Capital Outlay _._._-__-----__$ 50,000.00
Section 18. Industry and Trade, Department of.
A. General Operating Costs. 1969-70 ------.___.__----__._--------___.----$ 2,591,014.00 1970-71 --__.--------_.__-__--------------.-$ 2,591,014.00
Changed objects: Personal Services ----___--,,__$ Operating Expenses ___.._.___$ Capital Outlay _.____,,.____----$ Advertising ----_--------_----_._....... $
908,500.00 782,514.00
-0900,000.00
B. Capital Outlay--Metropolitan Atlanta Rapid Transit--to be expended under contract with the Metro politan Atlanta Rapid Transit Authority.
1969-70 ------------------__------__..__._._----$
1970-71 -------_.........___._.__.____----------$
45,700.00 45,700.00
C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Ports Authority.
1969-70 --------------------------------_.___------$ 2,000,000.00
1970-71 ___--__-____-----------_--------------$ 2,000,000.00
Section 19. Labor, Department of:
A. For the cost of operating the Commissioner's Of fice and Factory Inspection Division.
1969-70 _.----_.__--------------------------_.......$
1970-71 ----------------------------_........------.$
326,200.00 326,200.00
TUESDAY, MARCH 25, 1969
Changed objects: Personal Services _ Operating Expenses
265,800.00 60,400.00
B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.
1969-70 ...__.__........_.._.__._,,....__.._.._...._....._$
1970-71 .___--_--__... . -__.._.._.,,....._.........$
Changed objects:
Personal Services _________$ 9,229,050.00
Operating Expenses ______..--__._$ 1,672,750.00
Section 20. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Depu ty Assistant Attorneys General, all law clerks, steno graphic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless the pay ment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General or Deputy Assistant Attorneys General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rightsof-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Executive Department for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor.
1969-70 ._---__-._--.-..---_._.-...._......-.....-.| 1970-71 _---__-___--__--._.-_,,..__-.._--.?
Changed object: Personal Services
.---$ 736,000.00
Section 21. Library, State. 1969-70 .._.___.__-1970-71 -----_----
1767 85,000.00 85,000.00
888,000.00 888,000.00 122,200.00 122,200.00
1768 i i.
:
JOURNAL OP THE SENATE,
Changed object: Personal Services .._-_--.--._--._._$
90,200.00
Section 22. Literature Commission, State. 1969-70 ..--._-_____.._._._..__-_-___-~$ 1970-71 _--.--__.___-__---._--_-__.__$
20,000.00 20,000.00
Changed object: Personal Services ......_.._....._.__$
10,464.00
Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1969-70 ._..__._._.__..__.._.._...._....._..._._._....$
1970-71 __...__._,,....._._.........._......__._--___$
127,330.00 127,380.00
Changed objects: Personal Services _....._........_...._$ Operating Expenses ..._.-......,,.....,,..
95,730.00 31,600.00
Section 24. Public Safety, Department of. 1969-70 __.________.__....._..._..._....._.__$ 13,291,700.00 1970-71 -_...__._..__..........._...._._...._--._..-_..._.$ 13,250,700.00
Changed objects:
Personal Services _-_.-_........-....--_$ 9,724,700.00
Operating Expenses -_...__.......--$ 3,726,000.00
Capital Outlay 1969-70 ___..____.____,,_$ 41,000.00
Capital Outlay 1970-71 .,,._.._._.._...$
-0-
Provided, that from the above amount, $41,000.00 from Capital Outlay in 1969-70 shall be used as addi tional funds for construction of State Patrol Barracks in Stephens County.
Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Pro vincial Police).
TUESDAY, MARCH 25, 1969
1769
Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.
1969-70 _____-____________._._._._.___$
1970-71 ,,.._._____-___----_______.__----$
688,131.00 688,131.00
Changed objects: Personal Services ----___..___$ Operating Expenses ..._______$
594,158.00 93,973.00
Section 26. Purchases, Supervisor of. 1969-70 __....__.__------_____.___.,,_._.$ 1970-71 .____.____________________$
467,653.00 467,653.00
Changed objects: Personal Services ___.__._.._$ Operating Expenses ________$
390,853.00 76,800.00
Section 27. Recreational Commission. 1969-70 ___-______._.______.__.------$ 1970-71 ____._._.._..___.._..__._----__.$
103,123.00 103,123.00
Changed objects: Personal Services ..________$
67,145.00
Section 28. Revenue, Department of.
A. For cost of operating the Department of Revenue. 1969-70 ____--__-_______-___-__......$ 13,366,400.00 1970-71 --------___________....----.._..----$ 13,366,400.00
Changed objects:
Personal Services _.._______$ 9,800.500.00
B. Grants to counties--Tax reevaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax reevaluation studies.
1969-70 -___....__....--_._....__-__._.._.._-$
1970-71 .-_--__.______------------_____--$
C. Loans to counties--Tax reevaluation. There is hereby appropriated for the fiscal years 1969-70 and
30,000.00 30,000.00
1770
JOURNAL OF THE SENATE,
1970-71 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $400,000.00 in each fiscal year. Such amount shall be available for further tax evaluation loans to counties.
Section 29. Science and Technology Commission. 1969-70 .___--_____.___..._-_------------| 1970-71 --._.____--------------_-_,,_----________$
Changed objects: Personal Services -_----___-_$
72,550.00
96,350.00 96,350.00
Section 30. Secretary of State.
A. Archives and Records. For the cost of operations of archives and history, microfilming and housing rec ords, and the State Museum, including lease rental pay ments to the Georgia Building Authority for the State Archives Building in the amount of $815,000.00 per annum.
1969-70 _..----_____-_____------____----------_.$ 1,448,900.00
1970-71 -____________________________________.$ 1,448,900.00
Changed objects: Personal Services ________.
..$ 508,900.00
B. Building and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, and for insurance on public property not otherwise provided for.
1969-70 __-________________--______-|
1970-71 ______________
461,049.00 461,049.00
Changed objects: Personal Services ________
320,049.00
C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office.
1969-70 __________________._________________$
1970-71 ____--_____---_-__-_-__---3
851,921.00 851,921.00
Changed objects: Personal Services
..$ 545,121.00
TUESDAY, MARCH 25, 1969
D. Examining Boards. 1969-70 _____._...___._....._.___.._..__..__----$ 1970-71 -___.._._.._.____..__.--___.-----$
1771
884,800.00 884,800.00
Changed objects: Personal Services _____._._..__$ 504,800.00
E. Executive Center. For operation of Executive Center.
1969-70 ._._.._._._..______._._--_-__..----.$
1970-71 _________________-_-_----$
69,300.00 69,300.00
Changed objects: Personal Services _________$
31,800.00
F. Special Repairs, Capitol Building and Legisla tive Chambers, Rooms, Offices and Facilities.
1969-70 _________-______.____._________$ 1970-71 __________________________________-$
50,000.00 50,000.00
Section 31. State Properties Control Commission. For the cost of operating State Properties Control Com mission.
1969-70 ________._____-__-----_---_$
1970-71 __.__.__..__._.__...._________._---_,,$
50,000.00 50,000.00
Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.
1969-70 _____________._-__...____..$ 1970-71 __--.--.-._.............__..................____$
156,500.00 156,500.00
Section 33. Veterans Service.
A. For the cost of operating the Department of Veterans Service.
1969-70 ....____......______________________.._______.$ 1,172,053.00
1970-71 -._--------___.__.__.___.___.--____$ 1,172,053.00
Changed objects: Personal Services .___--....__...$ 1,075,653.00
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JOURNAL OF THE SENATE,
B. For the cost of operation the Veteran's Service Board, War Veterans Home, and Veterans Nursing Home.
1969-70 ________._.________..._._......___$ 1,088,314.00
1970-71 _._._._._...______._____.._.._.,,$ 1,088,314.00
Changed objects: Personal Services __________$
54,614.00
Payments to Medical College of Georgia ______________$ 582,540.00
C. For the cost of pensions to Confederate Widows.
1969-70 -_-_._____.._..____.____________...$
1970-71 ________________________________..__._.____$
55,570.00 55,570.00
Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation.
1969-70 ___________________________________$
1970-71 -_____._____._-..________________$
707,345.00 707,345.00
Changed objects: Personal Services _.__..____._$ 626,845.00
AGRICULTURE AND CONSERVATION
Section 35. Agriculture, Department of.
A. For the operation of all activities of the De partment including the operation of Farmer's Markets.
1969-70 ____________..______________________________$ 9,518,575.00
1970-71 ---___--._________-_____._____,,_____...____$ 9,518,575.00
Changed objects: Personal Services _________,,_______$ 5,302,733.00 Operating Expenses _______.._.._,,$ 2,951,866.00 Capital Outlay _____________._.____._$ 33,500.00
Provided, that the amount of $33,500.00 from Capi tal Outlay shall be used for the construction of a peanut seed processing plant.
TUESDAY, MARCH 25, 1969
B. Capital Outlay--Authority Lease Rentals-- An nual Lease payments to Georgia Building Authority (Markets).
1969-70 __.__________.._____..____._$ 1970-71 _.__._._..._._._._______.__.._.__$
1773
750,000.00 750,000.00
Changed objects: Authority Lease Rentals _____$ 750,000.00
C. Fire Ant Eradication. 1969-70 _____________________.___$ 1,000,000.00 1970-71 __.._.____._______________._.__$ 1,000,000.00
Section 36. Conservation.
A. Forestry Commission. 1969-70 ______________________._.___._._._____$ 5,806,633.00 1970-71 - . _.__..__.._.____._______.__._$ 5,806,633.00
Changed objects: Personal Services ____.____$ 6,240,387.00 Capital Outlay ____.__...:__.$ -0-
B. Forest Research Council. 1969-70 ____.______._____._______.$ 1970-71 -____---_--.__-________._$
401,834.00 401,834.00
Changed objects: Personal Services -____._._._$ Operating Expenses _-__._..._ Capital Outlay ,,___._______$
66,544.00 351,885.00
-0-
C. Game and Fish Commission. 1969-70 .._-___--_,,__._._____.____...._._.__$ 3,320,685.00 1970-71 ____._-_-______.._..._.._.__.......__,,_._$ 3,320,685.00
Changed objects: Personal Services ________.._$ 2,664,329.00 Operating Expenses ______._.$ 1,604,634.00' Capital Outlay __.___.__._..__.$ -0-
1774
JOURNAL OF THE SENATE,
D. Georgia Commission for the Development of Chattahoochee River Basin.
1969-70 _______________________._._..___._,,_.._..____.$
1970-71 _.....____________________._.._.__.._._._____$
6,710.00 6,710.00
Changed objects: Operating Expenses __.____..__$
3,110.00
E. Jekyll Island Committee. 1969-70 ...__...__..............__.___.___._,,___.__.....$ 1970-71 _.____....____.._._..___.._______.$
300,000.00 300,000.00
Changed objects: Operating Expenses ._.____..._...$ 300,000.00
F. Mineral Leasing Commission. 1969-70 -----_____.__,,_._.__........._...$ 1970-71 __.____._.._____________.___$
5,000.00 5,000.00
G. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.
(a) Regular Operation 1969-70 _______.__________...._________$ 1970-71 ...__....______.___...__._......__...$
386,403.00 386,403.00
Changed objects: Personal Services ________..$ Operating Expenses _._._..._...$
170,468.00 263,010.00
(b) South Georgia Minerals Explorations and Re search.
1969-70 .._........._._......_.._.____.___._.__.__..$
1970-71 _._.__......__........__-___......____..$
228,500.00 228,500.00
Changed objects: Operating Expenses _.._.__.__.__._$ 228,500.00
(c) Surface Mined Land Use Board. ' 1969-70 .___....._..._._.__...______________________________.$
1970-71 _...__._..._.__.___..._._.___.._.._._______,,$
119,000.00 119,000.00
TUESDAY, MARCH 25, 1969
1775
Changed objects: Personal Services _,, Operating Expenses
73,000.00 46,000.00
H. North Georgia Mountains Commission. 1969-70 .-------___.____.___--_ 1970-71 .._.._.._._____..___._.___....
300,000.00 300,000.00
Changed objects: Operating Expenses
300,000.00
Provided that the total State salary of the Director shall not exceed $24,000.00 per annum.
I. Ocean Science Center of the Atlantic. 1969-70 -__._.__---__--___.____.._....._._._.$ 1970-71 ........-...-..-._..-______--_........__..,,__.$
909,508.00 909,508.00
Changed objects: Personal Services ..._.______.$ Operating Expenses ___._,,_.$ Capital Outlay ....._________..$
103,977.00 355,531.00 450,000.00
Provided, no capital outlay funds shall be expended to purchase additional land.
J. Department of Parks.
(a) For general operation and development of State Parks.
1969-70 _._--.__-__---____-.--_--_----_____$ 1,766,584.00
1970-71 .--.__.._...___-_____._._-_-.----$ 1,766,584.00
Changed objects: Personal Services _._..._._.__.$ 1,484,752.00 Operating Expenses ____..___..$ 750,612.00 Capital Outlay _...__._.__._.__$ 206,220.00
Provided, however, that of the above amounts, there shall be allocated for expenses of the State Council for the Preservation of Natural areas the amount of $30,000.00 in 1969-70 and the amount of $32,000.00 in 1970-71.
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JOURNAL OF THE SENATE,
Provided that no land shall be purchased for State park purposes without the approval of the State Prop erties Acquisition Commission.
(b) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Jekyll Island--State Parks Authority.
1969-70 ___.__.._.__.__....__.._.-_--_-___$ 1,146,000.00
1970-71 ...............__._,,_._.__.____----__.____$ 1,146,000.00
Changed objects: Authority Lease Rentals ___..............__....__..._..$ 1,146,000.00
(c) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Stone Mountain Memorial Asso ciation.
1969-70 ....__.-._-.----.----_-._------------$ 1,000,000.00
1970-71 .................___.__.____----___.....__.$ 1,000,000.00
(d) For Contract with Lake Lanier Island Develop ment Authority.
1969-70 .____._........_....._.....__.___.._._,,...........$
1970-71 ___-----__---- --- .__-__-----_$
208,194.00 208,194.00
Changed objects: Operating Expenses ____............$ 208,194.00
K. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee.
1969-70 __.____...._.--...._._-----------$
1970-71 __.__._._____,,._____.__--___$
409,548.00 409,548.00
Changed objects: Personal Services _____..___.$ Operating Expenses .----....__.......$
22,988.00 386,560.00
L. Stone Mountain Memorial Committee. For oper ating costs including costs of improvements by convict labor.
1969-70 ________-____._---__--~~~--$
1970-71 --______-___.__---____----$
175,000.00 150,000.00
TUESDAY, MARCH 25, 1969
1777
CORRECTIONS
Section 37. Corrections, State Board of.
A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1969-70 _.....__.___._----_-_____________--_.--___,,_$ 12,184,847.00
1970-71 ._.---------_-----.-.---_-___..$ 12,184,847.00
Changed objects: Personal Services _.__..__._._.$ 7,448,600.00 Operating Expenses ----._..-_..,,_.--$ 5,518,247.00 Capital Outlay -_...._......_,,__.__.....$ 600,000.00
Provided that no funds appropriated in this Section or otherwise available shall be used to pay a salary in excess of the director's salary, except salaries for phy sicians.
B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Penal).
1969-70 ___________._-____._------_______$
1970-71 _--------____.___________._---_--_,,__-_$
790,000.00 790,000.00
Changed objects: Authority Lease Rentals .,,_____..$ 790,000.00
Section 38. Pardons and Paroles, State Board of. 1969-70 _____-__-_..__----__.__-______$ 1,025,500.00 1970-71 ---__._.__-__._._.__.___.___-$ 1,025,500.00
Changed objects: Personal Services _.._._.._.___._$ 834,100.00 Operating Expenses .___.._.._._..$ 191,400.00
Section 39. Probation, State Board of. For the cost of operating the statewide Probation System, admin istered by the State Board of Probation.
1969-70 _______--_______.-_..---_.__._$ 1,444,289.69
1970-71 __----_______.____.._____--___.__$ 1,444,289.69
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JOURNAL OF THE SENATE,
Changed objects: Personal Services ----__------__------$ 1,230,333.00 Operating Expenses _..__.__.._.._..$ 213,956.69
EDUCATION
Section 40. State Board of Education--Department of Education.
A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public common schools, under provisions of law; for free text books for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expense autho rized by law, payable from the common school funds, in cluding the cost of the Teacher's Retirement Employer contribution.
Provided that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall pay the pro rata part of the cost of any employer contributtions to the Teachers' Retirement System applicable to such salary.
1969-70 -----------------------------_------_----$358,813,335.00 1970-71 _----.--------------_----------------__------$358,813,335.00
Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.
Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Noth ing in this Section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for pro-
TUESDAY, MARCH 25, 1969
1779
grams for which commitments have already been made to local systems.
Funds appropriated for Section 12 of MPPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel.
Changed objects:
Personal Services ..._......_..__....__$ 22,176,273.00
Operating Expenses ___________ 22,453,538.00
Teachers Salaries ______________ 210,144,694.00
Other Certificated Professional Personnel Salaries ________ 36,166,600.00
Maintenance, Operation and Sick Leave ____________ 34,124,741.00
Isolated Schools _________________ 42,047.00
Mid Term Adjustment _______._. 970,936.00
Salaries and Travel of Public Librarians -_________ 1,626,055.00
Total Vocational Education Grants _______________,,_- 16,896,855.00
Alto Teachers Salaries __________ 176,772.00
Superintendents Salaries ___________ 2,245,704.00
Teachers Retirement Employer Contribution ______ 18,048,752.00
Fellowships for Teachers of
Emotionally Disturbed
Children _____________________
-0-
Extended School Program ________
-0-
Capital Outlay _____________________ 814,513.00
Budget Report to read as follows: Grants for operation of vocational rehabilitation workshops--develop ment of Nephrology Centers ..$
150,000.00
Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation services to eligible persons who have rental diseases.
Notwithstanding any other provisions of this Sec tion to the contrary, the State Department of Educa tion shall be authorized to allot funds provided under
1780
JOURNAL OF THE SENATE,
appropriations for Section 11 of the Minimum Foundation Program of Education Act to provide, in addition to those provided in the Budget Report, as amended, up to 125 teachers as provided in Section 20 of the Minimum Foundation Program of Education Act to staff classes for exceptional children.
B. Capital Outlay--Authority Lease Rentals. 1969-70 __..___._____.__.______._._.._._$ 26,301,000.00 1970-71 ____---_____.___._._....___.___$ 26,301,000.00
Changed objects: Capital Outlay Grants ______$ 24,722,992.00
For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to Georgia Education Authority (Schools) in accordance with Lease Rental Contracts.
Section 41. Educational Improvement Council. 1969-70 _________.________......__..._....._...._________$ 1970-71 __.._..._..__....__._______________________.$
Changed objects: Personal Services _._._________$
71,455.00
Section 42. Higher Education Assistance Committee. 1969-70 ________._-_.-________________________________$ 1970-71 _________._.______._______________$
Changed objects: Personal Services __.___________$ Operating Expenses _____________$
93,400.00 45,588.00
Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, in cluding the payment of medical scholarships as author ized by provision of the Georgia State Constitution.
1969-70 _________________________________________.___.$
1970-71 _-____------______-_______._________$
Changed objects: Personal Services __________________$
12,076.00
Section 44. State Board of Regents.
110,655.00 110,655.00
294,888.00 294,888.00
201,726.00 201,726.00
A. The general cost of operation of the Board; for aid to the University System; for Annual payment of
TUESDAY, MARCH 25, 1969
1781
$8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and the cost of use and/or acquiring additions to plant and equipment for the Uni versity System; for the cost of Teachers' Retirement Employer contributions. Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata part of the cost of any employer contribution to the Teacher Retirement System applicable to such salary.
1969-70 __________________________.___.-_____.....-$132,773,926.0t
1970-71 _____________________________ 132,773,926.00
Changed objects: Personal Services _.__--____..____-__-$133,234,363.00 Operating Expenses __________ 35,321,000.00 Teacher Retirement Employer Contribution -_.__,, 8,630,661.00 Capital Outlay _______________ 11,400,000.00 Authority Lease Rentals ,,______ 15,863,500.00
Provided that the above appropriationss shall be in addition to the funds realized by the respective units in the fiscal year from the Federal government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above ap propriation, the amounts of $15,863,500.00 in 1969-70 and $15,863,500.00 in 1970-71 are designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Pro vided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and develop ment of the University System. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evi denced in writing.
No part of this appropriation, nor any funds real ized by the State Board of Regents of the University System, or any school or college from the Federal gov-
1782
JOURNAL OF THE SENATE,
ernment, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or expenditure for educational and general or plant purposes until made available by a written order of the State Budget Authorities. Provided that funds from do nations, gifts, earnings, fees, and from any other source of income shall be available to support further lease rental agreements for dormitories and other school build ings, with the approval of the Budget Bureau. Such fur ther contracts may be entered into not to exceed $750,000.00 per annum.
B. Eugene Talmadge Memorial Hospital -- State Board of Eegents.
1969-70 -____-___________________.$ 5,882,800.00
1970-71 ____----_____._..._----__._-__ 5,882,800.00
Changed objects: Personal Services ____.
8,076,000.00
Section 45. State Scholarship Commission. 1969-70 _..____________------._ 1970-71 --------------_____.___.__
844,706.00 844,706.00
Changed objects: Personal Services --__----___.$ 58,366.00
Section 46. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.
1969-70 ..___
1970-71
347,000.00 347,000.00
HEALTH AND WELFARE
Section 47. Public Welfare, Department of Family and Children Services.
A. For the cost of operation of the State Welfare Programs.
1969-70 _..__._--------_.__-___----,.__.....$ 3,335,050.00 1970-71 ------____________..________.. 3,335,050.00
TUESDAY, MARCH 25, 1969
1783:
B. Benefits--Adult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1969-70 --------------------------__----------$ 15,511,836.00
1970-71 ___----.....__..,,_.._,,____.____---- 15,511,836.00
C. Benefits--AFDC Program. For matching federal funds to provide benefits to families with dependent children.
1969-70 --------__..__._----_----------.__-$ 11,716,743.00
1970-71 -__----____,,----------____----- 11,716,743.00
D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.
1969-70 ...__----__----______--__.___------$ 1,539,021.00
1970-71 ------__--------------___------------ 1,539,021.00
Provided, however, that in the event a surplus is anticpated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit appropriations, the State Budget Bureau shall have au thority to make such transfer, subject to approval by the Fiscal Affairs Subcommittees of the House and
Senate.
E. Grants to Counties for administration and serv ices. For the cost of participating with the Federal gov ernment and counties in the administration of local wel fare programs.
1969-70 _______.____--------__--------__.$ 9,390,900.00
1970-71 --------__...__-_,,___-__--__._-------- 9,390,900.00
Changed objects: Personal Services ----------------$ 4,515,700.00 Operating Expenses .._..__._.___._. 1,203,000.00 Benefits ..---- .---------------- - 145,292,500.00 Grants to Counties ----__------..._ 26,244,000.00
F. Youth Institutions. For the cost of operation of the youth institutions under the administration of this department, and for grants to county-owned detention centers.
1969-70 --------------.__--__--------__---,$ 6,101,400.00
1970-71 ------------------__------_-----_--. 6,101,400.00
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JOURNAL OF THE SENATE,
Changed objects: Personal Services ..._.._____--$ 3,698,800.00 Capital Outlay ._......_.______.. 365,000.00
Provided, however, the $540,000.00 allotted under this Section for grants to county-owned detention centers shall be distributed to the several counties for operating expenses of the said centers without restriction.
G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind.
1969-70 ----____.______.__...._.___.__.$
1970-71 ________________________
95,000.00 95,000.00
Changed objects: Personal Services ------__._._..$ Capital Outlay _____________$
791,200.00 50,000.00
Section 48. Department of Public Health.
A. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Hospitals).
1969-70 ----_.__...._...._._.___.___._._.._...__,,____$ 4,590,000.00
1970-71 --___..._-___.__-___.____._ 4,590,000.00
Provided that from the above appropriated amount $300,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to fi nance new projects.
Changed objects: Authority Lease Rentals -_____$ 4,590,000.00
B. Battey State Hospital. For the cost of operation. 1969-70 .__._.____._____._.,,_..._.____.....$ 3,608,400.00 1970-71 _-----_______________--_____________. 3,608,400.00
Changed objects: Personal Services ______________$ 4,016,400.00
C. Central State Hospital. For the cost of operation. 1969-70 _____________________________________________$ 29,479,399.00 1970-71 __________________________________._____ 29,479,399.00
TUESDAY, MARCH 25, 1969
1785
Changed objects: Personal Services
...____$ 24,502,399.00
D. Georgia Mental Health Institute. For the cost of operation.
1969-70 .______________.._..__,,.________$ 4,762,364.00
1970-71 ....---_-______--.______.____._ 4,762,364.00
Changed objects: Personal Services ..._..._.....______$ 3,821,100.00 Operating Expenses .__-.._____._ 1,275,000.00
E. Georgia Regional Hospital at Atlanta. For the cost of operation.
1969-70 _______________._____,,___________$ 3,772,160.00
1970-71 ..._________-----______________ 3,772,160.00
Changed objects: Personal Services ___________$ 2,820,000.00
F. Georgia Regional Hospital at Augusta. For the cost of operation.
1969-70 ___________________--______-______.$ 2,706,000.00
1970-71 _____________._._________________-...____-___ 2,706,000.00
Changed objects: Personal Services ___________$ 2,015,000.00
G. Georgia Regional Hospitals at Columbus, Rome and Savannah. For the cost of development and operation.
1969-70 _________________________,,,,________$
1970-71 ____________._____-----______.._.__.__
500,000.00 500,000.00
Changed objects: Personal Services _________,,____._$ Operating Expenses ____________$
300,000.00 200,000.00
Provided, that $100,000.00 of the above amount shall be allocated to complete the planning for and to com mence construction of the Columbus Regional Hospital.
1786
JOURNAL OF THE SENATE,
H. Georgia Retardation Center. For the cost of op eration.
1969-70 ..____.__.____________._-__.___$ 3,638,405.00
1970-71 _.____._.___________________________ 3,638,405.00
Changed objects: Personal Services ___________$ 2,760,000.00
I. Gracewood State School and Hospital. For the cost of operation.
1969-70 _____________________________-_$ 8,262,463.00
1970-71 ____-_________________...___.__.... 8,262,463.00
Changed objects: Personal Services _____________..$ 6,812,463.00
J. Medical Assistance Program. For the cost of op eration.
1969-70 ________________________.__.$ 20,752,337.00
1970-71 ..._......_______________._____._______ 20,752,337.00-
Changed objects:
Personal Services ___________$ 477,592.00
Benefit Payments ,,_......_................... 69,943,689.00
K. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and ex pended in the same manner as other public health funds, and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.
1969-70 ____________________________$ 1,000,000.00-
1970-71 --_________.............._.____._____. 1,000,000.00'
Changed objects:
Operating Expenses _____.__.._$ 10,448,483.00
L. Regular Operations. For the cost of operation. 1969-70 .___._________________________---_..__$ 14,618,896.001970-71 ..^...-.. ...................___..__................... 14,618,896.00
TUESDAY, MARCH 25, 1969
1787
Changed objects: Personal Services _-._._..._.___~$ 9,950,670.00 Operating Expenses ..._....__.._..... 5,259,092.00 Grants to County Health Units.... 6,843,399.00
Provided that of the above amount, at least $200,000.00 from Operating Expenses shall be used for Day Care Centers for the Mentally Retarded.
M. Southwestern State Hospital. For the cost of operation.
1969-70 .__.______._..__...___..._._......_.._? 5,564,166.00
1970-71 ____._,,_-__._...._...__...
5,564,166.00
Changed objects: Personal Services -.._.--.._-._.._-._.$ 4,209,166.00
N. Water Quality Control Division. For the cost of operation.
1969-70 ..__.-.-..,,.-.-_...__-__....-_._._.___.$
1970-71 ..._._._.__...__...,,_......_..__............__....
380,948.00 380,948.00
Changed objects: Personal Services
.._$ 391,748.00
Provided that for the purpose of receiving Federal matching funds under Titles XVIII and XIX of the So cial Security Act, each budget unit listed in this Section shall have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in pay ment for services to eligible recipients; and shall have authority to use Title XVIII and Title XIX reimburse ments and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for 1969-71 for operating expenses and additional per sonnel as necessary to meet requirements for payment or reimbursement, subject to prior approval by the State Budget Bureau.
Section 49. State Nursing Home Board. For the cost of operation.
1969-70 _...._.._._._._-__....__.__.___.._._--_._..___...$
1970-71 .__.-...__._.._...._-._...._.._._.______.._.
8,738.00 8,738.00
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JOURNAL OF THE SENATE,
Changed objects: Personal Services ,,._._..._.______,,___.$ Operating Expenses ...._.__....__,,,,
-08,738.00
Notwithstanding any other provisions of law to the contrary the costs of the operations of said board shall be met out of the above appropriation, and the board shall not be authorized and shall not expend any other funds except as set forth herein.
HIGHWAYS
Section 50. Highway Department. Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes re ceived by the State Treasurer in the immediately pre ceding year, less the amount of refunds, rebate and col lection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately pre ceding fiscal year and enter the full amount so deter mined on the records of the State as being the appro priation payable in lieu of the amount appropriated herein.
A. General Operations--For general administrative cost of operating the Highway Department, including equipment and compensation claims.
1969-70 .-- ______________.__..___------..------ $ 9,325,000.00
1970-71 .-.------__...._..__.._____.,,._.._,,_.__$ 9,325,000.00
B. Capital Outlay--Authority Lease Rentals.
1969-70 .--------------......__.___.....___.-...------__$ 19,900,000.00
1970-71 .----__.------.----_.------ -_..__$ 19,900,000.00
For lease rental obligations of the Highway Depart ment to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence or hereafter entered into in con nection with new projects approved by the Highway Department.
Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifi cally appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.
TUESDAY, MARCH 25, 1969
1789
C. Maintenance and Betterments -- Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substi tute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with re gard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bu reau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Inter state Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway De
partment.
Maintenance and Betterments. 1969-70 ____-----------------_.-----------------$ 43,436,344.00 1970-71 ----------------__------ _----------------__$ 43,436,344.00
Planning and Construction. 1969-70 -_--------------------------_______________.$ 55,322,393.00 1970-71 __________--_-_.__________________.$ 55,322,393.00
Changed objects: Capital Outlay ________________$127,200,853.00
D. Grants to counties. For grants to counties for aid in county road construction and maintenance.
1969-70 __-_______-_.___.___.._________$ 4,817,013.03
1970-71 ..._____.___._______________....._$ 4,817,013.03
E. For grants to counties for aid in county road construction and maintenance.
1969-70 -_____.______________.._.___..$ 4,500,000.00
1970-71 -____.___________.____._...______$ 4,500,000.00
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Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law.
The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total pub lic road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in
any future year.
OTHER
Section 51. Grants to Counties and Municipalities.
A. Grants to Municipalities. For grants to munici palities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
1969-70 ------------- __.._....__________,,__$ 9,317,000.00 1970-71 .,,.._.-___._-..-.._.-___.......__._..._._-.....__------$ 9,317,000.00
Provided, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds re ceived under this Section have been expended in accord ance 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 municipality in any future year.
B. Grants to counties.
1969-70 __.__.._._......___.__--_~_______._$ 2,700,000.00
1970-71 ,,__........_,,_-_.,,.._-.___-._..._____...._.....$ 2,700,000.00
TUESDAY, MARCH 25, 1969
1791
Changed objects: Operating Expenses: Grants to Counties ______________$ 2,700,000.00
For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p.
C. Grants to municipalities. 1969-70 ________________________________$ 3,700,000.00 1970-71 ___________________________________? 3,700,000.00
Changed objects: Operating Expenses: Grants to municipalities ________?
3,700,000.00
For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).
PART IV. MISCELLANEOUS
Section 52. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires ex penditure of any part of said fund. Expenditures from this fund shall be made in accordance with other pro visions of State law and the Constitution.
1969-70 ........................... .^.........^ 2,000,000.00
1970-71 _-_____________._________________._______._$ 2,000,000.00
Section 53. Wherever in this Act the term "Changed Objects" is used, it shall mean that the object classifica tions following such term shall be changed to the amounts following such object classification from the amounts listed in the Budget Report therefor. Such changes shall be for both fiscal years.
Section 54. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline
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as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.
Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease con tracts now in existence or as provided for in this Appro priations Act between any department, agency or insti tution of the State, and any authority created and acti vated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency, or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon Gen eral Funds.
Section 56. All expenditures and appropriations made and authorized under this Act shall be. according to the objects and for the programs and acctivities as specified in the Governor's recommendations contained in the Bud get Report submitted to the General Assembly at the regular 1969 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is au thorized to make internal transfers within a budget unit between objects and programs subject to the conditions 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, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Rep resentatives in a meeting called to consider said trans fers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Com mittees of the Senate and House of Representatives of
TUESDAY, MARCH 25, 1969
1793
all instances revealed in his audit in which the object expenditures of any department, bureau, board, commis sion, institution or other agency of this State are in vio lation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report con tains no recommendation by the Governor of expendi tures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operat ing budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for
transfers.
Section 57. In the event it is determined by the Bud get Bureau that the total funds in the State Treasury in the fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, ex cept authority lease rental funds and other constitu tionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).
The amount of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.
TOTAL APPROPRIATION 1969-70---_----$933,173,883.59 1970-71.-------_$933,107,883.59
Section 58. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Holloway of the 12th offered the following amendment to the Committee of the Whole Senate substitute:
Senator Holloway of 12th moves to amend Section 36 E of Com mittee of the Whole Senate Substitute to HB 77 by striking the amount of $300,000.00 for 1969-70 and substituting in lieu thereof the amount of
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$400,000.00; by striking the amount of $300,000.00 for 1970-71 and sub stituting in lieu thereof the amount of $400,000.00, and by adding the following:
Provided that the following objects in the Budget Report shall be changed to read as follows:
Operating Expenses
1969-70 $400,000.00
1970-71 $400,000.00
Senator Holloway of 12th moves to amend Section 48 J of Commit tee of the Whole Senate Substitute to HB 77 by striking the amount of $20,752,337.00 for 1969-70 and substituting in lieu thereof the amount of $20,652,337.00; by striking the amount of $20,752,337.00 for 1970-71 and substituting in lieu thereof the amount of $20,652,337.00, and by adding the following:
Provided that the following objects in the Budget Report shall be changed to read as follows:
Benefit Payments
1969-70 $69,593,689.00
1970-71 $69,593,689.00
On the adoption of the amendment to the Committee of the Whole Senate substitute, the ayes were 38, nays 1, and the amendment was adopted.
Senator Noble of the 19th offered the following amendment to the Committee of the Whole Senate substitute:
Senator Noble of 19th moves to amend Section 35-C of Committee of the Whole Senate Substitute to HB 77 by striking the amount of $1,000,000 for 1969-70 and substituting in lieu thereof the amount of $1,500,000; by striking the amount of $358,813,335 in Section 40-A and $29,479,399 in Section 48-C for 1969-70 and substituting in lieu thereof the amount of $358,393,335 in Section 40-A and $29,399,399 in Section 48-C.
On the adoption of the amendment to the Committee of the Whole Senate substitute, Senator Holley of the 22nd called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Brown of 47th Carter Chapman Coggin
Cox Dean Fincher of 51st Gillis Hill
Jackson Kennedy London McGill Noble
Pennington Plunkett Scott
TUESDAY, MARCH 25, 1969
1795
Spinks Trippe Vann
Webb Young Zipperer
Those voting in the negative were Senators:
Adams of 26th Andrews Broun of 46th Doss Eldridge Garrard Hardy Hensley Holley
Holloway Hudgins Johnson Kidd Miller Reeder Reynolds Riley Rowan
Searcey Smalley Smith of 18th Smith of 34th Starr Stephens Tysinger Walling Ward
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment to the Committee of the Whole Senate substitute, the ayes were 24, nays 27.
The amendment, having failed to receive the requisite constitutional majority, was lost.
The report of the Committee of the Whole Senate, which was favorable to the passage of the bill by substitute, was agreed to as amended.
The bill involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Garrard Gillis Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Noble Pennington Plunkett Reeder Reynolds Riley
Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer
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JOUENAL OP THE SENATE,
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Pincher of the 54th asked unanimous consent that he be recorded in the Journal as intending to vote "aye" on HB 77, but he was necessarily absent from the chamber.
The consent was granted.
HB 812. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th: A bill to authorize each county and municipality to levy and collect a tax upon the sale or charges for any room or rooms, lodgings or accom modations furnished by any hotel, motel, inn, tourist camp, tourist cabin or any other such place; and for other purposes.
Senator Tysinger of the 41st offered the following amendment:
Amend HB 812 by adding in the title after the following:
"to provide for rules and regulations;"
the following:
"to provide a tax on each new building constructed for resi dential purposes; to provide that such tax shall be used for school purposes;".
And, by renumbering Sections 3 and 4 as Sections 4 and 5, respec tively, and by adding a new Section 3, to read as follows:
"Section 3. Each fiscal authority authorized to levy taxes for school purposes is hereby authorized to levy a tax on each new residential unit constructed. The amount of such tax shall not exceed $100 per residential unit. The due date for such tax may be delayed by such fiscal authority until such building has been oc cupied as a place of residence.
TUESDAY, MARCH 25, 1969
1797
The revenue collected as the result of levying a tax under this Section shall be used for school purposes by the board of education of the county, independent or area school system for which such tax was levied."
The Chair ruled that the amendment of Senator Tysinger of the 41st was not germane to the bill.
Senator Fincher of the 51st offered the following amendment:
Amend HB 812 by striking the word "and" in the first line of Section 1, and inserting in lieu thereof the following:
", with the population of over 100,000 according to the 1960 U. S. decennial census, and each";
And by adding after the word "county" and before the word "or" in lien 1 of Section 2, the following:
"described in Section 1,";
And by striking the words "each county and municipality" in the caption, and inserting in lieu thereof the following:
"certain counties, and municipalities".
On the adoption of the amendment, the ayes were 5, nays 34, and the amend ment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Adams 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, of 26th Bateman Broun of 46th Chapman
Garrard Hardy Hensley Hill
Holloway Johnson Miller Plunkett
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Eeeder Kiley JRowan iSearcey Smalley
JOURNAL OF THE SENATE,
Smith of 18th Smith of 34th Starr Stephens Tysinger
Walling Ward Zipperer
Those voting in the negative were Senators:
Abney Adams of 5th Andrews Brown of 47th Carter Coggin Cox Dean Doss Eldridge
Fincher of 51st Fincher of 54th Holley Hudgins Jackson Kennedy Kidd London McGill Noble
Padgett Pennington Reynolds Scott Spinks Trippe Vann Webb Young
The roll call was verified.
On the passage of the bill, the ayes were 25, nays 29.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Holloway of the 12th gave notice that at the proper time he would move that the Senate reconsider its action on HB 812.
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 bills of the House, to-wit:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th, and Caldwell of the 39th: A bill to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
TUESDAY, MARCH 25, 1969
1799'
HB 381. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Adams of the 100th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to delete therefrom all references to non-partisan primaries; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 85. By Senator Hensley of the 33rd:
A bill to amend Code Section 95-1504, as amended, to provide that the State Highway Department is authorized to make regulations for in stallation, construction and maintenance of any public utility project; to make violation of misdemeanor; to repeal conflicting laws; and for other purposes.
The House Committee on Highways offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 95-1504, relating to the powers and duties of the State Highway Department, as amended by an Act approved December 11, 1953 (Ga. Laws 1953, Nov. Sess., p. 127), so as to provide that the State Highway Department is author ized to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers and other equipment and appliance of any utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to undertake, or which has been completed by the Department pursuant to its authority; to define the term utility; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 95-1504, relating to the powers and duties of the State Highway Department, as amended by an Act approved December 11, 1953 (Ga. Laws 1953, Nov. Sess., p. 127), is hereby amended by adding at the end thereof the following:
"The State Highway Department is authorized to make reason able regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, and other equipment and appliances of any utility in, on, along, over or under any project which the
1800
JOURNAL OP THE SENATE,
State Highway Department has undertaken, agreed to undertake, or which has been completed by the Department pursuant to its au thority.",
so that when so amended, Code Section 95-1504 shall read as follows:
"95-1504. Control of highway work; designation of State-aid roads, funds.--The powers and duties of the State Highway Depart ment shall be as follows: to have charge and control of all road or highway work designated or provided for, or done by the State or upon the State-aid roads; to designate, improve, supervise, con struct and maintain a system of State-aid roads; to have control, charge, and supervision of the expenditures of all funds approp riated or provided for highway or road work by the State, or which may be a part of the State-aid road fund; to provide for surveys, maps, specifications, and other things necessary in desig nating, supervising, locating, improving, constructing or main taining said State-aid roads, or such other public roads as provided for under Chapters 95-15 to 95-17; to secure consulting advisers in important technical matters, including the qualifications of technical employees; to employ clerical assistance and incur other expenses, including necessary equipment and office rent; to pay the compensation and expenses of all officials and employees of the State Highway Department; and to provide for such other expenses as may come under, or be in harmony with the provisions of Chapters 95-15 to 95-17. The State Highway Department is au thorized to construct and maintain such main outlet canals and
ditches as will in its discretion provide drainage of roadbeds and
bridges in this State. Local soil conservation districts shall cooperate
in such work and furnish engineering data, surveys, and assist in
the supervision of construction. The State Highway Department
is authorized to make reasonable regulations for the installation,
construction, maintenance, repair, renewal, removal, and relocation
of pipes, mains, conduits, cables, wires, poles, towers and other
equipment and appliances of any utility in, on, along, over or under
any project which the State Highway Department has undertaken,
agreed to undertake, or which has been completed by the Department
pursuant to its authority."
Section 2. As used in this Act, the term "utility" shall mean and include all publicly-, privately-, or cooperatively- owned lines, facilities, and systems for producing, transmitting or distributing communica tions, power, electricity, light, heat, gas, oil products, water, steam, waste, storm water not connected with highway drainage, and other similar services or commodities, including publicly-owned fire and police signals and street lighting systems, which directly or indirectly serve the public or any part thereof.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
TUESDAY, MARCH 25, 1969
1801
Senator Hensley of the 33rd moved that the Senate agree to the House substitute to SB 85.
On the motion, the ayes were 29, nays 0.
The motion prevailed, and the House substitute was agreed to,
The following reports of standing committees were read by the secretary:
Senator Fincher of the 51st 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 resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tion:
HR 139. Do pass.
Respectfully submitted, Fincher of 51st District, Chairman.
Senator Fincher of the 51st District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 140. Do pass as amended.
Respectfully submitted, Fincher of 51st District, Chairman.
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JOURNAL OF THE SENATE,
Senator Webb of the llth District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement 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 141. Do pass as amended. HB 184. Do pass. HB 195. Do pass by substitute. HB 199. Do pass.
Respectfully submitted, Webb of llth District, Chairman.
Senator Plunkett of the 30th District, Chairman of the Committee on Ap propriations, submitted the following report:
Mr. President:
Your Committee on Appropriations 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 28. Do pass by substitute. HR 134. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.
Senator Holloway of the 12th 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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 412. Do pass. HB 514. Do pass. HB 610. Do pass.
TUESDAY, MARCH 25, 1969
1803
HB 653. Do pass as amended. HB 852. Do pass.
Respectfully submitted, Holloway of 12th District, Chairman.
Senator Andrews of the 49th District, Chairman of the Committee on Edu cational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 271. Do pass.
Respectfully submitted, Andrews of 49th District, Chairman.
Senator Fincher of the 54th District, Chairman of the Committee on Tem perance, 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 recommendation:
HB 1008. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.
Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 226. Do pass as amended.
Respectfully submitted, Chapman of 32nd District, Chairman.
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JOURNAL OF THE SENATE,
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 190. Do pass. HB 208. Do pass as amended. HB 209. Do pass as amended. HB 284. Do pass as amended. HB 285. Do pass. HB 287. Do pass as amended. HB 531. Do pass as amended. HB 585. Do pass. HB 617. Do pass by substitute. HB 774. Do pass as amended. HB 831. Do pass. HB 845. Do pass as amended. HB 859. Do pass as amended. HB 928. Do pass. HB 930. Do pass. HB 936. Do pass as amended. HB 937. Do pass as amended. HB 938. Do pass as amended. HB 956. Do pass as amended. HB 957. Do pass. HB 976. Do pass by substitute. HB 977. Do pass as amended. HB 982. Do pass as amended.
Respectfully submitted, Maclntyre of 40th District, Chairman.
TUESDAY, MARCH 25, 1969
1805
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill of the House and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendation:
HB 1010. Do pass.
Respectfully submitted,
Smith of 18th District,
Vice Chairman.
Senator Smith of the 18th 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 resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the fol lowing recommendations:
HR 194. Do pass as amended. HR 234. Do pass. HR 270. Do pass. HR 352. Do pass as amended.
Respectfully submitted, Smith of 18th District, Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban 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 recommendation:
HB 573. Do pass. Respectfully submitted, Maelntyre of 40th District, Chairman.
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Senator Smalley of the 28th District, Chairman of the Committee on Judici ary, 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 163. Do pass. HB 590. Do pass. HB 627. Do pass as amended. HB 717. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th, Cole of the 3rd and others:
A bill to provide that it shall be unlawful for any person, firm or cor poration to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endurance unless the facility shall be so constructed that it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.
The Committee on Highways offered the following substitute:
A BILL
To be entitled an Act to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibitions on any permanent racetrack or other place where races or exhibitions are held unless there shall first be obtained a license as set forth herein; to provide certain requirements for licensing; to provide for fees; to> authorize the Director of the Department of Public Safety to grant, revoke or suspend any such licenses; to provide penalties for violation of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA.
TUESDAY, MARCH 25, 1969
1807
Section. 1. It shall be unlawful for any person, firm or corpora tion to operate or conduct any motor vehicle race on any permanent racetrack or other place where such races are to be held unless there shall first be obtained a license to operate or conduct such races from the Director of the Department of Public Safety (hereafter, the Direc tor).
Section 2. No license for operating or conducting a motor vehicle racetrack shall be issued by the Director until he has been furnished with a certificate or other satisfactory evidence that the applicant has a valid public liability insurance policy with minimum limits of $1 million per accident and $100,000 per person per accident, (or $1 mil lion combined single limit) or, in lieu thereof a valid public liability bond in like amount. The said policy or bond shall be designed to in demnify members of the general public, who are attending a racing event at any said racetrack, or other place where such races are held for loss because of bodily injury; including death, resulting from any racing event. The said insurance policy or bond shall not be designed to indemnify drivers of motor vehicles which are engaged in any race, pit area personnel or any person who is involved in the conduct of a race. The said policy or bond shall be written by a company licensed to do business in Georgia, or which is considered to be acceptable by the Director.
Section 3. No insurance policy or bond may be cancelled, for any reason, unless and until the Director has received notice by certified or registered letter, return receipt requested, that the said policy or bond is going to be cancelled effective on a date at least 14 days from the date such notice is received by the Director.
Section 4. Application for a license to operate or conduct a race track or other place for the holding of such races or exhibitions shall be made in writing to the Director on a form prescribed by or furnished by the Director. The application form shall require a full and complete address of the track or place desired to be licensed, the name and ad dress of the licensee, the name and address of the promoter of such race or exhibition, and shall contain such further information as the Director may require in order to comply with Section 2 of this Act. Such application shall be accompanied by a non-refundable fee of $100.
Section 5. All licenses granted by the Director pursuant to this Act shall expire December 31 of each year.
Section 6. The Director is authorized to suspend or revoke any license for operating or conducting motor vehicle races or exhibitions whenever any said licensee fails to comply with the provisions of this Act.
Section 7. Violation of any provision of this Act shall constitute a felony and shall be punished by imprisonment for not less than one nor more than twenty years, or by $1,000 fine, or both.
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Section 8. The term "motor vehicle", as used in this Act, shall not be construed to include any motorcycle or other two-wheeled self-pro pelled vehicle, nor shall it be construed to include any motor vehicle weighing less than 500 pounds.
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Padgett of the 23rd offered the following amendment to the com mittee substitute:
Amend the committee substitute to HB 784:
By striking the second and third sentences of Section 2 and insert ing in lieu thereof:
"The said policy or bond shall be designed to provide coverage for the protection of the licensee from any legal liability arising out of bodily injury, including death, to any member of the gen eral public, resulting from any racing event. The said insurance policy or bond shall not be designed to provide coverage for bodily injuries or death of drivers of motor vehicles which are engaged in any race, pit area personnel or any person who is involved in the conduct of a race."
On the adoption of the amendment to the committee substitute, the ayes were 39, nays 1, and the amendment was adopted.
On the adoption of the committee substitute as amended, the ayes were 39, nays 1, and the substiute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
The following bill of the House was taken up for the purpose of considering House action thereto:
TUESDAY, MARCH 25, 1969 HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews
and Fallin of the 63rd, Russell and Keyton of the 70th: A bill to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.
Senator Eldridge of the 7th moved that the Senate recede from its amend ment to HB 407.
On the motion to recede the ayes were 32, nays 0, and the motion prevailed-
The following bill of the Senate was taken up for the purpose of consideringa House amendment thereto:
SB 198. By Senator Trippe of the 31st: A bill to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks and credit unions which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of three years; to repeal conflicting laws; and for other purposes.
The House Committee on Banks and Banking offered the following amend ment:
Amend SB 198 by changing the word "three" in the last sentence of Section one to "five", and making the same amendment in the cap tion.
Senator Trippe of the 31st moved that the Senate agree to the House amend ment to SB 198.
On the motion, the ayes were 30, 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 House action thereto:
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HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Commodities Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to im plement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.
Senator Pennington of the 45th moved that the Senate adhere to its amend ment and that a Conference Committee be appointed.
On the motion, the ayes were 31, nays 0.
The motion prevailed, and the president appointed as a Conference Com mittee the following:
Senators Pennington of the 45th, Rowan of the 8th and Spinks of the 9th.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd and others:
A bill to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation; and for other purposes.
The House amendment was as follows:
Mr. Egan of the 116th moved to amend SB 165 by striking the period at the end of the first sentence of Section. 92-6202.1 and adding the following:
"and shall be deemed to have claimed the same homestead exemp tion as allowed in the preceding year."
and by adding the words:
"or deemed to have been returned" after the word "returned" in the fifth line of such section.
Senator Smith of the 18th moved that the Senate agree to the House amend ment to SB 165.
TUESDAY, MARCH 25, 1969
1811
On the motion, the ayes were 29, nays 0, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A bill to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, so as to remove the limita tion on the number of motor vehicles which may be purchased for use in enforcing the laws, rules, and regulations relating to distilled spirits and alcohol; to repeal conflicting laws; and for other purposes.
Mr. Miles of the 78th offered the following amendment:
Amend SB 193 by inserting in the title before "to repeal conflict ing laws" the following: "; to provide an effective date", and
by renumbering Section 2 as Section 3, and by inserting a new Section 2, to read as follows:
"Section 2. This act shall become effective July 1, 1971."
Senator Coggin of the 35th moved that the Senate disagree to the House amendment to SB 193.
On the motion, the ayes were 31, nays 0, and the motion prevailed.
The following bills of the Senate were taken up for the purpose of considering House amendments thereto:
SB 196. By Senator London of the 50th: A bill to abolish the present mode of compensating the ordinary of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The House Committee on Local Affairs offered the following amendment: Amend SB 196 by striking the figure "4,000" from Section 2 and
inserting in lieu thereof the figure "5,400".
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Senator London of the 50th moved that the Senate agree to the House amend ment to SB 196.
On the motion, the ayes were 38, nays 0.
The motion prevailed, and the House amendment was agreed to.
SB 197. By Senator London of the 50th:
A bill to abolish the present mode of compensating the clerk of the superior court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; and for other purposes.
The House Committee on Local Affairs offered the following amendment:
Amend SB 197 by striking the figure "4,200" from Section 2 and inserting in lieu thereof the figure "5,600".
Senator London of the 50th moved that the Senate agree to the House amendment to SB 197.
On the motion, the ayes were 38, 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 179. By Senators Chapman of the 32nd, Hardy of the 56th and Fincher of the 54th:
A bill to provide for the necessary consents for the treatment of minors for venereal disease; to repeal laws in conflict herewith; and for other purposes.
The House amendment was as follows:
Mr. Levitas of the 77th moved to amend SB 179 by adding in Section 1 in the 4th line after the word "surgery", the following "for the treatment of venereal disease and complications thereof".
TUESDAY, MAECH 25, 1969
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Senator Chapman of the 32nd moved that the Senate agree to the House amendment to SB 179.
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 House action:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970 and ending June 30, 1971; and for other purposes.
Senator Plunkett of the 30th moved that the Senate insist on its substitute.
On the motion, the ayes were 34, nays 0, and the motion prevailed.
The following general resolutions, favorably reported by the committees, were read the third time and put upon their passage:
HE 304. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A resolution to ratify, approve and confirm the Executive Order of the Governor, suspending the collection of tax imposed by the Georgia Eetailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and testaments until the next meeting of the General Assembly; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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HR 305. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non-profit hospitals 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 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 306. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution to ratify, approve and confirm the Executive Orders of the Governor, 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 sub sequently 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.
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.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 104. By Senator Eldridge of the 7th:
A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's
TUESDAY, MARCH 25, 1969
1815
purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; to repeal conflicting: laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to repeal an Act authorizing the Supervisor of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968 (Ga. Laws 1968, p. 1352); to provide for certain purchases to be made by the Supervisor of Purchases on behalf of local units of government; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act authorizing the Supervisor of Purchases to per mit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968 (Ga. Laws 1968, p. 1352), is hereby repealed in its entirety.
Section 2. The Supervisor of Purchases is hereby authorized to permit local political subdivisions to purchase their supplies through the State.
Section 3. The Supervisor of Purchases, upon receiving a request to do so from a local political subdivision, may purchase for such political subdivision any materials, supplies, and equipment, and said title thereto shall be vested in the local political subdivision requesting the purchase.
Section 4. The Supervisor of Purchases is hereby authorized and directed to promulgate such rules and regulations as he shall deem necessary to carry out the provisions of this Act.
Section 5. All laws or parts of laws in conflict with this Act are hereby repealed.
Senator Eldridge of the 7th moved that the Senate disagree to the House substitute to SB 104.
On the motion, the ayes were 33, nays 0, and the motion prevailed.
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The following general bill and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 366. By Messrs. Collier of the 54th, Matthews of the 63rd, Holder of the 49th and others:
A bill to amend Code Chapter 93-3 relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the Com mission to consider certain factors when fixing rates of public utilities under its jurisdiction; to provide for appellate 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 34, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HR 257. By Messrs. Parker and Nessmith of the 44th:
A resolution requesting the State Highway Department to designate a certain bridge as the "E. S. Lane 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 35, 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 amendment thereto:
SB 21. By Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd and others: A bill to authorize public school teachers to conduct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 25, 1969
1817
Messrs. Barber ol the 15th, Parker of the 46th and Levitas of the 77th offered the following amendment:
Amend SB 21 by inserting a new subsection to Section 1 approp riately designated to read as follows:
"No teacher, principal, schoolboard or any other person may require or prescribe any particular method or manner in which a child shall participate in any period of prayer or meditation, but each child shall be absolutely free to participate therein, or not, in such manner or way as such child shall personally desire consistent with his or her beliefs."
Senator Miller of the 43rd offered the following amendment to the House amendment:
Amend House amendment to SB 21 by adding in the third line thereof after the word "of", the words "such silent".
On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment to the House amendment was adopted.
On the adoption of the House amendment as amended, the ayes were 37, nays 0, and the House amendment was agreed to as amended.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 185. By Messrs. Murphy of the 19th and Hale of the 1st:
A bill to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Depart ment of Public Safety; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 3.
The bill, having received the requisite constitutional majority, was passed.
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HB 248. By Mr. Murphy of the 19th:
A bill to amend an Act creating the Department of Public Safety, so as to provide for chief radio operators and chief license 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 29, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 629. By Messrs. Jones of the 59th, Murphy of the 19th and Brown of the 32nd:
A bill to amend the "Building and Loan Act", so as to define certain terminology permitted by Federal law to Federal savings and loan associations to denote any portion of the capital of such associations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and others: A bill to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; and for other purposes.
TUESDAY, MARCH 25, 1969
1819
The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, as amended, by an Act approved March 5, 1958 (Ga. Laws 1958, p. 635), so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, as amended, by an Act approved March 5, 1958 (Ga. Laws 1958, p. 635), is hereby amended by striking in its entirety said Code Section and substituting in lieu thereof the following:
"32-1003. Vacancies, how filled.--In the event of a vacancy by death, resignation, removal from office, or from any cause whatever, in the office of an elected county superintendent of schools in any county, or upon the death or disqualification of a county superintendent of schools elect, between the date of his election and the date that he assumes office, the vacancy shall be filled as follows:
1. In the event of a vacancy by death, resignation, removal from office, or from any other cause whatever, and there is less than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools for the unexpired term.
2. In the event that there is more than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools to serve for a period of 30 days and until the vacancy can be filled as herein provided. In such event, it shall be the duty of the ordinary to issue a call, within 10 days after the vacancy occurs, for a special election to fill the vacancy for the unexpired term. Such election shall be held in accordance with the provisions of the Georgia Election Code.
3. In the event of the death or disqualification of a county superintendent of schools-elect preceding the date that he was to have assumed office, it shall be the duty of the ordinary, within 10 days after the death or disqualification occurs, to issue the call for a special election to elect a county superintendent of schools for the term to which the county superintendent of schools elect was elected. Such election shall be held in accordance with the provisions of the
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Georgia Election Code. The incumbent county superintendent of schools shall hold over until his successor is elected as herein proT vided.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 32, nays 0, and the substi tute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 561. By Messrs. McCracken of the 36th, Howell of the 60th, Higginbotham of the 75th and others:
A bill to amend Code Section 24-1707, relating to the method of filling vacancies in the office of ordinary, so as to provide that special elections called for the purpose of filling vacancies in the office of the ordinary shall be conducted in conformity with the Georgia Election Code; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 307. By Messrs. Chandler and Harrington of the 34th: A resolution authorizing the conveyance of a certain tract of land lo cated in Baldwin County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
TUESDAY, MARCH 25, 1969
1821
On the adoption of the resolution, the ayes were 29, 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 amendment thereto:
SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of ac countants, as amended, so as to provide that the members thereof may succeed themselves; to repeal conflicting laws; and for other purposes.
The House Committee on Banks and Banking moved to amend SB 281 by striking Section 1 in its entirety and correcting the caption accordingly.
By renumbering Sections 2, 3 and 4 as 1, 2 and 3 respectively.
By substituting the following in lieu of the first two lines of re numbered Section 1:
"Section 1. Code Chapter 84-2, relating to certification of ac countants, as amended, particularly by an Act approved March 9, 1943 (Ga. Laws, 1943, p. 363), an Act approved March 21, 1958 (Ga. Laws 1965, p. 185), is hereby amended by adding a new Sec tion to be known as Section 84-210A to read:"
Senator Holley of the 22nd moved that the Senate disagree to the House amendment to SB 281.
On the motion to disagree, the ayes were 29, nays 0, and the motion pre vailed.
The following bill of the House was taken up for the purpose of considering the report of a Conference Committee thereto:
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HB 253. By Mr. Shanahan of the 8th:
A bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.
The report of the Conference Committee was as follows:
The Conference Committee on HB 253 recommends the following:
That the Senate and House recede from their respective positions and that the following amendment be adopted to said bill:
(1) By striking from the title of said bill the following:
"an itemized account of receipts and expenditures for the preceding three month period",
and substituting in lieu thereof the following:
"an itemized account of expenditures".
(2) By striking in its entirety subsection (2) of quoted Section 15-A, which Section is quoted in Section 2 of said bill, and substituting in lieu thereof a new subsection (2) to read as follows:
"(2) The County Commissioner shall publish an itemized list of all warrants and checks issued for each immediately preceding four months period within 30 days following each such period, com mencing April 1, 1969. The itemized list shall be posted on the bulletin board of the Gordon County Courthouse and maintained thereon for at least 30 days."
Respectfully submitted,
SENATE /s/ Fincher of 51st /s/ Kidd of 25th /s/ London of 50th
HOUSE OF REPRESENTATIVES /s/ Shanahan of 8th /s/ Lee of 61st /s/ Ross of 26th
TUESDAY, MARCH 25, 1969
1823
Senator Pincher of the 51st moved that the Senate adopt the report of the Conference Committee to HB 253.
On the motion, the ayes were 31, nays 0.
The motion prevailed, and the report of the Conference Committee was adopted.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
HR 190. By Mr. Wamble of the 69th:
A resolution authorizing the State Parks Department and the members of the Recreational Facilities Sub-Committee of the State Institutions and Property Committee to investigate the feasibility of accepting a new State Park site known as the Tired Creek project located in 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 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 228. By Messrs. Dickinson of the 118th, Farrar, Thomason and Levitas of the 77th and others: A resolution urging the Governor to take the necessary action to ac quire title to a certain tract of property located in Sweetwater Valley in Douglas 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 31, nays 0.
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The resolution, having received the requisite constitutional majority, was adopted.
HB 971. By Messrs. Lane, Nessmith and Parker of the 44th and others:
A bill to create the Groveland Lake Development Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 570. By Messrs. Jones of the 59th, Scarlett of the 67th, Nessmith of the 44th, Harrison of the 66th, Gignilliat of the 89th, Whaley of the 93rd and others:
A bill to amend an Act creating the Ocean Science Center of the Atlantic Commission, so as to provide for the establishment of marine resources extension centers; to reconstitute the membership of the Board of Trustees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 838. By Mr. Rainey of the 47th:
A bill to amend an Act completely and exhaustively revising, supersedingand consolidating the laws relating to the State Game and Fish Com mission, so as to change a certain definition; to change the provisions relating to the meetings of the Commission; to change the provisions relating to appropriations to the Commission; to authorize the Commis sion to accept grants and donations; and for other purposes.
TUESDAY, MARCH 25, 1969
1825
The report 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 534. By Mr. Brantley of the 52nd:
A bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.
Senator Hardy of the 56th moved that the Senate recede from its amendment to HB 534.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering the report of a Conference Committee thereto:
HB 611. By Mr. Matthews of the 63rd: A bill to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitu tion as amended in 1968; and for other purposes.
The Conference Committee report was as follows:
The Conference Committee on HB 611 recommends the following:
(1) That the Senate recede from its position on the amendment offered to Section 17.
(2) That the Senate amendment to Section 17 (i) be adopted, with the following amendment:
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JOURNAL OF THE SENATE,
"By inserting in the first sentence of said amendment, between the words 'highest' and 'interest' the word 'bank'."
(3) That the House recede from its position on the amendment to Section 19 (k).
Respectfuly submitted,
SENATE
/s/ Brooks Pennington Senator, 45th District
/s/ Robert A. Rowan Senator, 8th District
/s/ Ford B. Spinks Senator, 9th District
HOUSE OF REPRESENTATIVES
/s/ Paul E. Nessmith, Sr. Representative, 44th District
/s/ Marcus E. Collins Representative, 62nd District
/s/ Henry L. Reaves Representative, 71st District
Senator Pennington of the 45th moved that the Senate adopt the report of the Conference Committee to HB 611.
On the motion, the ayes were 32, nays 0.
The motion prevailed, and the report of the Conference Committee was adopted.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 953. By Mr. Barber of the 15th:
A bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to authorize the Commission to use and administer any interest in property for the purpose of establishing any form of student aid program; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
TUESDAY, MARCH 25, 1969
1827
The bill, having received the requisite constitutional majority, was passed.
HB 954. By Mr. Barber of the 15th:
A bill to amend an Act creating the Georgia Higher Education Assist ance Corporation, so as to authorize the Corporation to enter into con tracts for the purpose of rendering any type of assistance or any service that may be deemed necessary or desirable to promote the student loan program throughout the State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 298. By Mr. Collier of the 54th: A resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 453. By Mr. Ware of the 30th: A bill to provide for the licensing and regulation of the business of in surance premium financing; and for other purposes.
The Committee on Banking and Finance offered the following amendment: Amend HB 453 by striking from Section 10 the figure "$6.00" and
inserting in lieu thereof the figure "$7.00". By striking from Section 11 the figure "$1.00" and inserting in
lieu thereof the figure "$1.50".
1828
JOURNAL OP THE SENATE,
On the adoption of the amendment, the ayes were 31, nays 4, and the amend ment was adopted.
Senator Starr of the 44th offered the following amendment: Amend HB 453 by striking Section 15 in its entirety and inserting
in lieu thereof a new Section 15 to read as follows: "Section 15. Effective date. This Act shall become effective
on July 1, 1969."
On the adoption of the amendment, the ayes were 28, 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 as amended.
On the passage of the bill, the ayes were 30, nays 6.
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 amendment thereto:
SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th and others:
A bill to provide for the protection, preservation, and investigation of archeological sites, antiquities and artifacts on State properties; to provide for all procedures, requirements and other matters in connec tion with the foregoing; to provide for penalties; and for other purposes.
The House Committee on State Institutions and Property offered the follow ing amendment:
Amend SB 146 by adding in the title between the word "properties" and the word "to" the following:
"to provide for finders fees;".
By adding at the end of Section 1 the following:
TUESDAY, MARCH 25, 1969
1829
"The Georgia Historical Commission is hereby authorized and directed to pay a reasonable finders fee, to be determined by the Commission, to any person or group of persons who report findings of ruins, artifacts, treasure, treasure trove, ancient and abandoned ships and other similar sites and objects to the Commission."
Senator Spinks of the 9th moved that the Senate agree to the House amend ment to SB 146.
On the motion, the ayes were 31, 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 in substituting the following bill of the Senate, to-wit:
SB 104. By Senator Eldridge of the 7th: A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other pur poses.
The following general bill and resolution, favorably reported by the commit tees, were read the third time, and put upon their passage:
HR 310. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st: A resolution authorizing the conveyance of land by Dougherty County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
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JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
HB 296. By Messrs. Northeutt of the 21st, Lane of the 101st, Dailey of the 53rd and others:
A bill to provide for reimbursement of reasonable relocation expenses of homeowners or owners of businesses who have been displaced as a re sult of airport expansion; to provide for proration of ad valorem taxes on certain condemned properties; and for other purposes.
Senator Starr of the 44th offered the following substitute:
A BILL
To be entitled an Act to provide that a homeowner or business owner shall be entitled to an award based on the fair market value of his property when the property is condemned by a certain lawful au thority for airport expansion purposes; to provide for reimbursement of reasonable relocation expenses of homeowners or owners of businesses who have been displaced as a result of such condemnation; to provide for proration of ad valorem taxes on said condemned properties; to provide for payment of appraiser's fees and attorney's fees; to provide that this Act shall apply to condemnation proceedings brought by or on behalf of municipalities with populations of 300,000 or more, according to the 1960 Federal Decennial Census or any future such census; to provide an effective date; to provide a termination date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. In determining or estimating just and adequate com pensation to be paid a property owner for property condemned by any lawful authority for airport expansion purposes, such homeowner or business owner in every case shall be entitled to an award based on the fair market value of his property. As part of the aforesaid award, the homeowner or owner of a business which has been condemned for any public purpose shall be entitled to be reimbursed for expenses which have been expened for relocation to adequate, like or equal premises in the same immediate neighborhood or other equally good area. A homeowner shall be entitled to up to $5,000 and a business owner shall be entitled to up to $25,000, but in no event shall he receive more than actual reasonable expenses.
When property is taken by said condemnation proceedings the ad valorem tax thereon shall be paid by the condemnor and condemned on a daily pro rata basis for the year in which taken. The condemnor shall not be responsible for any delinquent taxes.
TUESDAY, MARCH 25, 1969
1831
When property is acquired by any said condemning authority, it shall, in addition to the determined value of the property taken or dam aged, pay the condemnee a reasonable amount to be applied on apprais er's fees, not to exceed $100, and a reasonable amount to be applied on
attorney's fees, not to exceed the fee which would be the minimum per mitted, according to the fee schedule promulgated by the State Bar of Georgia, if the attorney were examining and certifying the title of the condemned property.
Section 2. The provisions of this Act shall apply only to condem nation proceedings brought by or on behalf of municipalities with pop ulations of 300,000 or more, according to the 1960 Federal Decennial Census or any future such census.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, and it shall automatically become void exactly two years from the date it be comes effective.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Hudgins of the 15th moved that HB 296 be recommitted to the Com mittee on Industry and Labor.
On the motion to recommit, the ayes were 20, nays 15, and the motion pre
vailed.
;
Senator Starr of the 44th moved that the Senate reconsider its action in re committing the following bill of the House:
HB 296. By Messrs. Northcutt of the 21st, Lane of the 101st, Dailey of the 53rd and others: A bill to provide for reimbursement of reasonable relocation expenses of homeowners or owners of businesses who have been displaced as a result of airport expansion; to provide for proration of ad valorem taxes on certain condemned properties; and for other purposes.
On the motion to reconsider, the ayes were 17, nays 12, and the motion prevailed.
Senator Garrard of the 37th moved that HB 296 be tabled.
On the motion to table, Senator Starr of the 44th called for the ayes and nays, and the call was sustained.
1832
JOURNAL OF THE SENATE,
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Andrews Bateman Broun of 46th Carter Chapman Cox Eldridge Garrard
Hardy Hill Holley Hudgins Jackson London Maclntyre Reynolds
Smith of 34th Stephens Trippe Tysinger Vann Ward Young
Those voting in the negative were Senators:
Abney Adams of 26th Dean Doss Fincher of 51st Gillis Kennedy
McGill Miller Noble Pennington Reeder Riley Rowan
Scott Searcey Spinks Starr Webb Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the motion to table, the ayes were 23, nays 20.
The motion prevailed, and HB 296 was tabled.
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 104. By Senator Eldridge of the 7th:
A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; to repeal conflicting laws; and for other purposes.
Senator Eldridge of the 7th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
TUESDAY, MARCH 25, 1969
1833
The motion prevailed, and the president appointed as a Conference Commit tee on the part of the Senate the following:
Senators Andrews of the 49th, Eldridge of the 7th and Abney of the 53rd.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th, and Caldwell of the 39th: A bill to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Floyd of the 7th, Busbee of the 61st, and Murphy of the 19th.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 277. By Senator Maclntyre of the 40th: A bill to amend Code Section 40-802, relating to the objects and pur poses of the Department of Archives and History, so as to change the provisions relating to the destruction of records and the central de pository; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 218. By Mr. Williams of the llth: A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regulations for the administration
1834
JOURNAL OF THE SENATE,
and enforcement of the motor vehicle inspection program, etc.; and for other purposes.
HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st:
A bill to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motor cycles; to provide that certain protective headgear and eyeprotective de vices must be worn by persons riding upon motorcycles; and for other purposes.
The House has passed by the requisite constitutional majority the following bill and resolution of the Senate, to-wit:
SB 164. By Senators Smith of the 18th, Fincher of the 54th, Sercey of the 2nd, and others:
A bill to amend Code Section 88-1719, relating to the registration of marriages and the disposition of applications for marriage licenses, so as to provide for additional copies of the application for a marriage license and the disposition thereof; and for other purposes.
SR 95. By Senators Hensley of the 33rd and Holloway of the 12th: A resolution relative to the tax exemption on municipal bonds; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 126. By Senator Kidd of the 25th: A bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bills of the House, to-wit:
HB 253. By Mr. Shanahan of the 8th: A bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.
TUESDAY, MARCH 25, 1969
1835
HB 611. By Mr. Matthews of the 63rd:
A bill to repeal an Act known as the "Georgia Agricultural Commodi ties Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Con stitution as amended in 1968; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th: A bill to amend Code Title 56 known as the "Georgia Insurance Code" approved March 8, 1960, as amended; to make certain changes in re gards to hospital care; to repeal conflicting laws; and for other pur poses.
The House has passed by the requisite constitutional majority the following bills and resolution of the Senate, to-wit:
SB 215. By Senator Coggin of the 35th: A bill to amend an Act approved March 18, 1966, comprehensively and exhaustively revising, superseding and modernizing pre-trial, trial, and certain post-trial procedures in Civil cases; and for other purposes.
SB 263. By Senators Tysinger of the 41st, Johnson of the 38th, Walling of the 42nd and others: A bill to create the Institute for Research in Bio-Technology; and for other purposes.
SR 96. By Senators Bateman of the 27th, Garrard of the 37th, Adams of the 26th and London of the 50th: A resolution relative to a Bill-of-Rights for older Georgians; and for other purposes.
The House has adopted the report of the Committee of Conference on the fol lowing bills of the House, to-wit:
HB 207. By Mr. Conner of the 56th: A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.
1836
JOURNAL OF THE SENATE,
HB 210. By Mr. Conner of the 56th:
A bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and Lambert of the 25th and others:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 128. By Senator Coggin of the 35th:
A bill to amend an Act relating to the power and duties of the State Board of Pardons and Paroles, so as to provide that certain rules and regulations adopted and promulgated by the Board of Pardons and Paroles shall be adopted, etc.; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th: A bill to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
Senator Smith of the 18th moved that the Senate insist on its substitute and that a Conference Committee be appointed.
On the motion, the ayes were 29, nays 0.
The motion prevailed, and the president appointed as a Conference Committee the following:
Senators Stephens of the 36th, Plunkett of the 30th and Holloway of the 12th.
TUESDAY, MARCH 25, 1969
1837
The following general resolution, favorably reported by the committee, was read the third time, and put upon its passage:
HR 226. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th: A resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.
The President of the Senate stated that since the law required that HR 226 be considered in the Committee of the Whole Senate, the Senate was resolved into a Committee of the Whole Senate. The President appointed Senator Pincher of the 51st, Chairman of the Committee on Public Utilities and Transportation, to preside.
The Committee of the Whole Senate was dissolved.
Senator Fincher of the 51st reported as follows:
"Mr. President, the Committee of the Whole Senate has had under considera tion HR 226 and has made progress. I move that the Committee be allowed to sit again at 5:30 p.m."
On the motion, the ayes were 40, nays 0, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering House amendment thereto:
SB 126. By Senator Kidd of the 25th: A bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
1838
JOURNAL OF THE SENATE,
Amend SB 126 by inserting in the title and in Section 1 immedi ately after the phrase "the employees of the State of Georgia" the following:
", except employees of the State Highway Department,".
Senator Adams of the 26th moved that the Senate disagree to the House amendment to SB 126.
On the motion, the ayes were 31, nays 0, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering the report of a Conference Committee thereto:
SB 149. By Senator Padgett of the 23rd:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, approved March 14, 1963, as amended, so as to provide for the acceptance and incarceration of all misdemeanants and felons under the age of 17 years; and for other purposes.
The report of the Conference Committee was as follows:
The Conference Committee on Senate Bill 149 recommends the following:
(1) That both the House and Senate recede from their respective positions, and that the Senate Substitute to Senate Bill No. 149 be adopted with the follow ing modification:
That present Section 3 of said Senate Substitute be deleted and in lieu thereof be substituted a new Section 3 to read as follows:
"This Act shall become effective January 1, 1970. Provided, how ever, in the event adequate facilities are not available, the Division for Children and Youth shall have the right to transfer youths committed
TUESDAY, MARCH 25, 1969
1839
to the Division under the provisions of this Act to the State Department of Corrections for incarceration in an appropriate facility designated by said Department of Corrections."
Respectfully submitted,
FOR THE SENATE
/s/ Honorable M. J. Padgett Honorable M. J. Padgett Senator, 23rd District
/s/ Honorable Cyrus M. Chapman Honorable Cyrus M. Chapman Senator, 32nd District
/s/ Honorable Jack M. Stephens Honorable Jack M. Stephens Senator, 36th District
FOR THE HOUSE OF REPRESENTATIVES
/s/ Honorable J. Floyd Harrington Honorable J. Floyd Harrington Representative, 34th District
/s/ Honorable Marshall Keen Honorable Marshall Keen Representative, 81st District
/s/ Honorable McKee Hargrett Honorable McKee Hargrett Representative, 58th District
Senator Padgett of the 23rd moved that the Senate adopt the report of the Conference Committee.
On the motion, the ayes were 40, nays 0.
The motion prevailed, and the report of the Conference Committee was adopted.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 381. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Adams of the 100th and others: A bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to de lete therefrom all references to non-partisan primaries; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
1840
JOURNAL OP THE SENATE,
Senator Smith of the 18th moved that the Senate adhere to its substitute, and that a Conference Committee be appointed.
On the motion, the ayes were 36, nays 0.
The motion prevailed, and the president appointed as a Conference Committee on the part of the Senate the following:
Senators Johnson of the 38th, Walling of the 42nd and Garrard of the 37th.
The motion prevailed, and the president appointed as a Conference Com mittee on the part of the Senate the following:
Senators Johnson of the 38th, Walling of the 42nd and Garrard of the 37th.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 607. By Mr. Conner of the 56th:
A bill to amend an Act entitled "An Act to levy a tax upon fees, in terests, insurance premiums and all other charges of whatever kind collected by persons licensed under the 'Georgia Industrial Loan Act'; and for other purposes;", so as to conform the rate of taxation therein to the provisions of a resolution approved February 13, 1956 (Ga. L. 1956, p. 86); to change the method of remitting said tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 917. By Mr. McCracken of the 36th:
A bill to amend Title 34A of the Code of Georgia, relating to Munici pal Election Code, so as to comprehensively and exhaustively revise said Title; and for other purposes.
TUESDAY, MARCH 25, 1969
1841
The Committee on Economy, Reorganization and Efficiency in Government, offered the following amendment:
Amend HB 917 by deleting quoted Section 34A-903.1 of Section 9 in its entirety and inserting in lieu thereof the following:
"Section 34A-903.1. Reopening of qualifications in non-parti san elections in certain cases.--In the event of the death or dis qualification of the sole remaining candidate prior to the date of a non-partisan election, the government authority may reopen, qualification for the office sought by the deceased or disqualified candidate for a period of not less than one nor more than three
days."
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 thebill 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 271. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A bill to amend Code Title 32 relating to education, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other purposes.
The report 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.
Senator Vann of the 10th gave notice that at the proper time he would', move that the Senate reconsider its action on HB 271.
1842
JOURNAL OF THE SENATE,
HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th, Brown of the 32nd and others:
A bill to amend the Code of Georgia of 1933, as amended, so as to increase the time within which certain vehicles must be registered and a license plate acquired; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 140 by inserting between the first and second sentences of subsection (b) of quoted Section 68-214, which Section is quoted in Section 3 of said bill, the following sentence:
"Such plates may also bear such figures, characters, letters or combinations thereof as in the judgment of the Revenue Com missioner will to the best advantage advertise, popularize and otherwise promote Georgia as the 'Peach State'."
And, by striking in its entirety subsection (e) of said Section 68-214, and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) Each license plate shall identify the county in which it was sold in the following manner: The Commissioner shall furnish without cost to each tag agent reflective adhesive decals in suf ficient number upon which there shall be printed the name of the agent's county. The decal shall be of such design that it shall be affixed with facility by the owner of the vehicle to the numbered license plate in the space provided without obscuring any num ber or other information required to be present on the plate and it shall be the responsibility of the owner to affix said decal to the plate. Any owner who shall fail to comply with the provisions of this subsection shall be guilty of a misdemeanor and, upon con viction thereof, shall be punished by a fine not to exceed $50.00."
On the adoption of the amendment, the ayes were 33, nays 6, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, Senator Smith 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:
TUESDAY, MARCH 25, 1969
Those voting in the affirmative were Senators:
Abney Adams of 5th Andrews Bateman Broun of 46th Carter Chapman Coggin Cox Doss Eldridge Fincher of 51st Fincher of 54th Garrard
Hardy Hill Holley Holloway Hudgins Jackson Kidd London Maclntyre Pennington Plunkett Reeder Riley Rowan
1843
Scott Searcey Smalley Smith of 18th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young
Those voting in the negative were Senators:
Adams of 26th Brown of 47th Dean Gillis Hensley
Kennedy McGill Miller Noble Padgett
Reynolds Smith of 34th Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 42, nays 13.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Smith of the 34th gave notice that at the proper time, he would move that the Senate reconsider its action on HB 140.
HB 499. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th and others: A bill to amend an Act known as the "Georgia Building Authority Act" (formerly known as the "State Office Building Authority Act"), so as to authorize the Georgia Building Authority to employ security guards to keep watch over and protect the properties of the Georgia Building Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1844
JOURNAL OP THE SENATE,
On the passage of the bill, the ayes were 39, nays 4.
The bill, having received the requisite constitutional majority, was passed.
HB 514. By Messrs. McDaniell and Burruss of the 117th, Farrar of the 77th and Cook of the 95th:
A bill to require safe construction and installation of boilers and pres sure vessels; to provide for the safety of persons and property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of consider ing House amendments thereto:
SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A bill to amend Code Title 56 known as the "Georgia Insurance Code" approved March 8, 1960, as amended; to make certain changes in re gard to hospital care; to repeal conflicting laws; and for other pur poses.
The House amendments were as follows:
Mr. McClatchey of the 113th moved to amend SB 41 by striking the words "in bold face type" in Sections 1 and 2.
By changing the word "and" in next to last line of Sections 1 and 2 to the word "or".
Mr. Ware of the 30th moves to amend SB 41 as follows:
By inserting in the title before the phrase "to repeal conflicting laws;" the following:
"to provide an effective date;".
TUESDAY, MARCH 25, 1969
184&
By renumbering Section 4 as Section 5.
By adding a new Section 4 to read as follows:
"Section 4. This Act shall become effective on July 1, 1970."
Messrs. Brantley of the 114th and Harris of the 77th move to amend SB 41 by adding in the caption before the phrase "to repeal conflicting laws" the following:
"to amend Code Chapter 56-31, relating to the group and blanket accident and sickness insurance, so as to provide that whenever any group or blanket accident and sickness insurance policy or contract provides for reimbursement for any service which is within the lawful scope of practice of an applied psychologist, any person covered by such policy or contract shall be entitled to reimbursement for such service whether rendered by a physician or duly licensed applied psychologist when prescribed by a physi cian;"
and by adding a new Section 3 to read as follows:
SECTION 3
Code Chapter 56-31, relating to group and blanket accident and sickness insurance, is hereby amended by adding at the end thereof a new section to be designated Section 56-3111 and to read as follows:
"56-3111. Policies providing reimbursement for services with in the scope of practice of an applied psychologist. Notwithstand ing any provision of any group or blanket accident and sickness insurance policy or contract hereafter issued, delivered, renewed or amended in this State, whenever such policy or contract provides for reimbursement for any service which is within the lawful scope of practice of an applied psychologist who is duly licensed pur suant to the Act making provision for the licensure of applied: psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, any person covered under any such policy or contract shall be entitled to reimbursement for such service whether rendered by a physician or duly licensed applied psychologist when the services of such psychologist are prescribed by a physician."
and by renumbering Sections 3 and 4 as Sections 4 and 5.
Mr. Gaynor of the 88th moves to amend SB 41 as follows:
By inserting in the title before the phrase "to repeal conflicting laws;" the following:
"to provide that, when certain individual contracts and cer tain group or blanket contracts of accident and sickness insurance provide benefits for hospital care, there may be included within
1846
JOURNAL OF THE SENATE,
the scope of coverage hospital care rendered on account of mental illnesses and hospital care when rendered by any psychiatric hos pital duly licensed by the State of Georgia;".
By renumbering Sections 3 and 4 as Sections 4 and 5, respectively.
By adding a new Section 3 to read as follows:
"Section 3. Said Title is further amended by adding at the end of Code Section 56-1706, relating to extension of hospital serv ice, the following:
'When an individual contract or a group or blanket con tract of accident and sickness insurance, except contracts pro viding special coverage for limited diseases, accident protec tion only or dental contracts, provides for hospital care, there may be included within the scope of coverage (1) hospital care rendered on account of mental illnesses and (2) hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia. If such coverage is not included in the contract, a statement that the contract does not cover mental illnesses shall be (1) printed in the contract in bold-face type or stamped on the face of the contract and (2) printed or stamped on any identification card issued pursuant to any such contract.'"
Senator Adams of the 26th moved that the Senate disagree to the House amendments to SB 41.
On the motion, the ayes were 34, nays 0.
The motion prevailed, and the House amendments were disagreed to.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 684. By Mr. Wamble of the 69th: A bill to authorize the creation, within the State Division of Conserva tion, of an office to administer in Georgia, any funds available to the State, its departments, agencies, boards, bureaus, and its political sub divisions pursuant to the United States "Land and Water Conservation Fund Act of 1965"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, MARCH 25, 1969
1847
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed,
HB 1008. By Mr. Jones of the 59th:
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 the governing authorities of certain counties shall not authorize the sale of alcoholic beverages by the drink until it shall be approved in 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 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 the report of a Conference Committee thereto:
HB 30. By Mr. Levitas of the 77th: A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the compensation of the Code Revision Council; and for other purposes.
The report of the Conference Committee was as follows:
CONFERENCE COMMITTEE REPORT ON HB 30
The Conference Committee on HB 30 recommends the following:
That the Senate recede from its position and that HB 30 be adopted as it passed the House of Representatives.
Respectfully submitted,
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JOURNAL OP THE SENATE,
FOR THE SENATE
/s/ R. Eugene Holley R. Eugene Holley Senator, 22nd District
/s/ Robert H. Smalley, Jr. Robert H. Smalley, Jr. Senator, 28th District
/s/ Julian Webb Julian Webb Senator, llth District
FOR THE HOUSE OF REPRESENTATIVES
/s/ George D. Busbee George D. Busbee Representative, 61st District
/s/ J. Robin Harris J. Robin Harris Representative, 77th District
/s/ Elliott H. Levitas Elliott H. Levitas Representative, 77th District
Senator Smalley of the 28th moved that the Senate adopt the report of the Conference Committee to HB 30.
On the motion, the ayes were 41, nays 0.
The motion prevailed, and the report of the Conference Committee was .adopted.
The time of 5:30 having arrived, as provided for by previous motion, the Senate resolved itself into a Committee of the Whole Senate for the purpose of considering the following resolution of the House:
:HR 226. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.
The Committee of the Whole Senate was dissolved, and the Senate resumed the regular order of business.
TUESDAY, MARCH 25, 1969
1849
Senator Fincher of the 51st, Chairman of the Committee of the Whole Senate, reported as follows:
"Mr. President, the Committee of the Whole Senate has had under consideration HR 226 and has instructed me, as its Chairman, to report the same back to the Senate, with the recommendation that the same do pass as amended."
The following general resolution, favorably reported by the Committee of the Whole Senate, was put upon its passage:
HR 226. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.
The Committee of the Whole Senate offered the following amendment:
Amend HR 226 by striking therefrom the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the proposed bid and lease are hereby accepted and the Chairman of the State'"Properties Con trol Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute such lease for and on behalf of the State of Georgia and the said State Properties Con trol Commission."
and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the proposed bid and lease are hereby accepted, only on the conditions that Jamestown Shopping Center, Inc., a Georgia Corporation, prior to the execution of the lease by the State of Georgia, shall submit to the Treasurer of the State of Georgia additional bid security in the amount of two hun dred thousand dollars ($200,000.00) to be evidenced by a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, and maintaining office or agency in the City of Atlanta, Georgia, said additional bid security to be forfeited to the State of Georgia as fixed liquidated damages and not as a penalty if said Jamestown Shopping Center, Inc., a Georgia Corporation, before the term of the lease commences, declares or demonstrates its intention not to be bound by the Lease with said additional bid security to be main tained until Jamestown Shopping Center, Inc., a Georgia Corpora tion, has deposited all of the security required by paragraph twelve (12) of Article IV and paragraph thirty-eight (38) of Arti cle VI of the lease, and that the present stockholders of Jamestown
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JOURNAL OF THE SENATE,
Shopping Center, Inc., a Georgia Corporation, John C. Portman, Jr., and Trammell Crow agree in writing to maintain such owner ship with failure to so maintain to constitute an indication of its. intention not to be bound by the Lease, whereupon the Chairman of the State Properties Control Commission, pursuant to the afore said provisions of law, is hereby authorized and directed to executesuch lease for and on behalf of the State of Georgia and the said State Properties Control Commission."
On the adoption of the amendment, the ayes were 43, nays 3, and the amendment was adopted.
The report of the Committee of the Whole Senate, which was favorable tothe adoption of the resolution as amended, was agreed to.
The resolution involving an appropriation, a roll call was ordered.
On the adoption of the resolution, the vote was as follows:
Those voting in the affirmative were Senators:
Adams of 5th Broun of 46th Brown of 47th
Carter Chapman
Coggin Dean
Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley
Hill Holley Holloway Jackson Johnson Kennedy Kidd Maclntyre
Noble Padgett Plunkett Reeder Reynolds Riley Rowan
Scott Searcey Smalley Smith of 18th Spinks Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer
Those voting in the negative were Senators:
Abney Adams of 26th Andrews Bateman Cox
Hudgins London McGill Miller Pennington
Smith of 34th Starr Young
By unanimous consent, verification of the roll call was dispensed with.
TUESDAY, MARCH 25, 1969
1851
On the adoption of the resolution, the ayes were 43, nays 13.
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 & House amendment thereto:
SB 226. By Senators Trippe of the 31st and Adams of the 5th:
A bill to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
The House Committee on Banks and Banking offered the following amend ment:
Amend SB 226 by adding the following as a final sentence of Sec tion 2:
"This Act shall not apply except to situs for taxation by po litical subdivisions of this State in which the port or original entry of such property is located."
Senator Trippe of the 31st moved that the Senate agree to the House amendment to SB 226.
On the motion, the ayes were 43, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 905. By Messrs. Lee of the 61st, Clarke of the 33rd and Pickard of the 84th:
A bill to create a State Building Administrative Board to authorize the Board to adopt Standard Minimum Codes; to provide for local enforcement and administration of such codes; to provide for permis sive adoption of such codes by municipalities and counties; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of th& 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 279. By Messrs. Smith of the 3rd, Cook of the 95th and Gaynor of the 88thr
A bill to provide for the protection of the public health and welfareand to conserve and protect the water resources of the State; and for other purposes.
The report of the committee, which was favorable to the passage of thebill, 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 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th:
A bill to be known as the "Georgia Meat Inspection Act"; and for other purposes.
Senator Andrews of the 49th offered the following amendment:
Amend HB 524 by striking from subsection (d) of Section 1 the words, "and poultry".
By striking from the end of subsection (e) of Section 1 the words, "and poultry" and by inserting a period following the word "equines".
By striking from Sections 16, 17, 18 and 19 the words, "or poul try" wherever the same appear.
On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.
TUESDAY, MARCH 25, 1969
1853
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 amended.
HB 697. By Messrs. Williams, Wood and Cooper of the llth, Bohannon of the 20th, Poole of the 10th and Peters of the 2nd:
A bill to amend an Act promoting and regulating the poultry industry, so as to change the method of registration for hatchery operators and dealers; and for other purposes.
The report of the committee, which was favorable to the passage of the , 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 999. By Mr. Lee of the 61st:
A bill to create the Policy and Evaluation Committee for Electronic Data Processing; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend HB 999 as follows:
By striking from Section One the word "five" and inserting in lieu thereof the word "seven".
By adding in Section One after the words "State Highway Board" the following:
"one representative from the State Department of Health to be appointed by the State Board of Health, one representative from the State Department of Education to be appointed by the State Board of Education,".
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JOURNAL OF THE SENATE,
On the adoption of the amendment, the ayes were 35, nays 0, and theamendment was adopted.
Senator Smith of the 18th offered the following amendment:
Amend HB 999 by adding between the words "the State Budget Officer" and the words "the State Planning Officer" as they appear in the first sentence in Section One the words:
"one representative from the State Revenue Department tobe appointed by the State Revenue Commission,"
On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.
Senator Smith of the 18th offered the following amendment:
Amend HB 999 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2
The Committee is authorized to employ such employees as it deems necessary to effectuate the provisions of this Act, all such employees hereafter employed being hereby specifically extended coverage under and subjected to all rules and regulations of that State Merit System of Personnel Administration authorized by an Act approved February 4, 1943 (Ga. L. 1943, pp. 171-177), as now or hereafter amended."
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 as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
TUESDAY, MARCH 25, 1969
1855
HB 141. By Messrs. Farrar of the 77th, DeLong of the 80th, Hood of the 99th and others:
A bill to create a new and entirely separate retirement system for certain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.
The Committee on Retirement offered the following amendment:
Amend HB 141 by striking from the beginning of subsection (c) of Section 11 the word, "Seven" and inserting in lieu thereof the word, "Six."
By adding a new section as Section 24 as follows:
Section 24. Any provision herein to the contrary notwithstand ing, no credit shall be given any member for prior service until the General Assembly shall appropriate funds to amortize the prior service liability.
By renumbering present Sections 24 and 25 to Sections 25 and 26.
On the adoption of the amendment, the ayes were 41, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 41, nays 2.
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 consider ing a House amendment thereto:
SB 191. By Senator Bateman of the 27th:
A bill to provide that the salary of each of the judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by pay ments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Ga.; to fix the amount of such supplemental sal aries; and for other purposes.
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JOURNAL OF THE SENATE,
The House Committee on Local Affairs offered the following amendment:
Amend SB 191 by adding the following language after the last sentence of Section 1:
"Nothing in this bill or Act will be construed to reduce the present salary of the Superior Court Judges of the Macon Judicial Circuit below their present salary of $25,000 and if the State salary increase does not go into effect, then the respective counties by local supplement in the same proportion as in this bill or Act shall supply a sufficient supplement to maintain a salary level of $25,000."
Amend SB 191 by striking Section 3 of said bill in its entirety and substituting the following:
"Section 3. This Act is to take effect on July 1, 1969 which is the date that the State salary increase for Superior Court Judges^ takes effect."
Senator Bateman of the 27th moved that the Senate agree to the Houseamendment to SB 191.
On the motion, the ayes were 37, 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 consider ing a House amendment thereto:
SB 96. By Senator Chapman of the 32nd: A bill to amend an Act approved March 14, 1963 (Ga. Laws 1963, pages 81-121), so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medi cal or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age.
The House amendment was as follows:
Mr. Egan of the 116th moved to amend SB 96 by striking the period at the end of Section 1 and adding the following:
TUESDAY, MARCH 25, 1969
1857
"provided that no sterilization procedure shall be performed under the provisions of this Act."
Senator Chapman of the 32nd moved that the Senate agree to the House amendment to SB 96.
On the motion, the ayes were 33, nays 1.
The motion prevailed, and the House amendment was agreed to.
The following reports of standing committees were read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs 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 382. Do pass as amended. HB 920. Do pass as amended.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Plunkett of the 30th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 906. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.
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JOURNAL OF THE SENATE,
Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 488. Do pass by substitute. Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 722. Do pass as amended. 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 passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 191. By Senator Bateman of the 27th: A bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by pay ments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Ga.; to fix the amount of such supplemental sal aries; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
TUESDAY, MARCH 25, 1969
1859
SB 171. By Senator Padgett of the 23rd:
A bill to provide that sentences in criminal cases shall give the de fendant credit towards service of his sentence for any days spent in custody in connection with the offense or actions for which sentence was imposed; to repeal conflicting laws; and for other purposes.
The House insists on its position in amending the following bills of the Senate, to-wit:
SB 126. By Senator Kidd of the 25th:
A bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; and for other purposes.
SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of ac countants, so as to provide that the members thereof may succeed themselves; and for other purposes.
The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 208. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an an nual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 208 by striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. It shall be the duty of the Ordinary of Appling County to issue the call for an election for the purpose of sub mitting this Act to the voters of Appling County for approval or rejection. The Ordinary shall set the date for such election for
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JOURNAL OP THE SENATE,
Wednesday, September 9, 1970. 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 Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act increasing the annual salary of the clerk of the superior court of Appling County to $9,500.00 and increasing the compensation of the secretary of the clerk of the superior court of Appling County to $3,000.00 per an num and authorizing the clerk of the superior court of Appling County to appoint two additional secretaries at salaries of $2,400.00 per annum each.
'Against approval of the Act increasing the annual salary of the clerk of the superior court of Appling County to $9,500.00 and increasing the compensation of the secretary of the clerk of the superior court of Appling County to $3,000.00 per annum and authorizing the clerk of the superior court of Appling County to appoint two additional secretaries at sal aries of $2,400.00 per annum each.'
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, the expense of such election shall be born by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special election, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 190. By Mr. Harris of the 77th: A bill to provide that the salary of the District Attorney of the Stone Mountain Judicial Circuit shall be supplemented by payments
TUESDAY, MARCH 25, 1969
1861
to be made from the county treasuries of the counties comprising the Stone Mountain Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 285. By Mr. Harrison of the 66th:
A bill to authorize and empower the City of Saint Marys, Georgia, to abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park Subdivision, Unit Two, City of Saint Marys; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 585. By Mr. Harrison of the 66th: A bill to provide for the election of the members of the Board of Edu cation of Charlton 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 209. By Mr. Conner of the 56th: A bill to amend an Act placing the sheriff, the clerk of the superior
1862
JOURNAL OF THE SENATE,
court, the tax collector and the tax receiver of Appling County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriff; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 209 by striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to pro vide for a referendum;".
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. It shall be the duty of the Ordinary of Appling County to issue the call for an election for the purpose of sub mitting this Act to the voters of Appling County for approval or rejection. The Ordinary shall set the date for such election for Wednesday, September 9, 1970. 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 Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act to increase the annual salary of the sheriff of Appling County to $10,500.00 and to increase the compensation of the chief deputy sheriff to $5,976.00 per annum, to increase the compensation of an additional deputy sheriff to $4,800.00 per annum, to increase the compensation of a secretary and a jailer to $3,640.00 per annum, and to pro vide that Appling County shall furnish three automobiles for the use of the sheriff and his deputies.
'Against approval of the Act to increase the annual salary of the sheriff of Appling County to $10,500.00 and to increase the compensation of the chief deputy sheriff to $5,976.00 per annum, to increase the compensation of an additional deputy sheriff to $4,800.00 per annum, to increase the compensation of a secretary and a jailer to $3,640.00 per annum, and to pro vide that Appling County shall furnish three automobiles for the use of the sheriff and his deputies.'
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. The expense of such election shall be borne by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the Ordinary to can-
TUESDAY, MARCH 25, 1969
1863
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."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 284. By Mr. Harrison of the 66th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and ordinary of Camden County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 284 by striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to pro vide for a referendum".
By striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. It shall be the duty of the ordinary of Camden County to issue the call for an election for the purpose of sub mitting this Act to the voters of Camden County for approval or rejection. The ordinary shall set the date for such election for Wednesday, September 9, 1970. 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 Camden County. The ballot shall have written or printed there on the words:
'For approval of Section 1 of the Act increasing the compen sation of the sheriff of Camden County to $10,200 per annum.
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JOURNAL OF THE SENATE,
'Against approval of Section 1 of the Act increasing the compensation of the sheriff of Camden County to $10,200 per annum.'
'For approval of Section 2 of the Act increasing the compensa tion of the ordinary of Camden County to $9,000 per annum.
'Against approval of Section 2 of the Act increasing the com pensation of the ordinary of Camden County to $9,000 per annum.'
'For approval of Section 3 of the Act increasing the compensa tion of the clerk of the superior court of Camden County to $9,000 per annum.
'Against approval of Section 3 of the Act increasing the com pensation of the clerk of the superior court of Camden County to $9,000 per annum.'
All persons desiring to vote in favor of Section 1 or Section 2 or Section 3 of the Act shall vote for approval, and those persons desiring to vote for rejection of Section 1 or Section 2 or Section 3 of the Act shall vote against approval. If more than one-half of the votes cast on any one of the three sections of the Act are for approval, such section shall become of full force and effect, other wise it shall be void and of no force and effect. The expense of such election shall be borne by Camden County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 287. By Mr. Harrison of the 66th: A bill to consolidate the offices of tax receiver and tax collector of
TUESDAY, MARCH 25, 1969
1865
Camden County into the office of tax commissioner of Camden County; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 287 by striking the figure "9,000.00" from Section 3 and inserting in lieu thereof the figure "8,010.00".
By striking the figure "10,800" from Section 5 and inserting in lieu thereof the figure "6,500".
By striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. It shall be the duty of the Ordinary of Camden County to issue the call for an election for the purpose of sub mitting this Act to the voters of Camden County for approval or rejection. The Ordinary shall set the date for such election for Wednesday, September 9, 1970. 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 Camden County. The ballot shall have written or printed thereon the words:
'For approval of the Act consolidating the offices of tax receiver and tax collector of Camden County into the office of tax commissioner and placing the tax commissioner of Camden County upon an annual salary of $8,001.00 and providing that the total compensation to be paid by the county for all per sonnel to assist the tax commissioner in discharging the offi cial duties of his office shall not exceed $6,500 during any one calendar year, all to become effective January 1, 1973.
'Against approval of the Act consolidating the offices of tax receiver and tax collector of Camden County into the of fice of tax commissioner and placing the tax commissioner of Camden County upon an annual salary of $8,001.00 and pro viding that the total compensation to be paid by the county for all personnel to assist the tax commissioner in discharging the official duties of his office shall not exceed $6,500.00 dur ing any one calendar year, all to become effective January 1, 1973.'
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. The expense of such election shall be borne by Camden County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same
1866
JOURNAL OF THE SENATE,
laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 382. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, so as to specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Election Commission; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 382 by changing the period to a semicolon at the end of the first sentence of Section 3 of said act and adding thereto the fol lowing words:
"provided however, such qualification fees shall not be more than two (2) months' salary of the office to which qualification for election is sought."
So that as amended, said Section 3 shall read as follows:
"The Atlanta Municipal Election Commission shall recommend proposed budgets to the Board of Aldermen from which the costs of municipal elections shall be met. The Commission shall recom mend to the Board of Aldermen the amount of qualification fees required of candidates; provided however, such qualification fees shall not be more than two months' salary of the office to which qualification for election is sought. The Commission shall advise
TUESDAY, MARCH 25, 1969
1867
with and make recommendations to the Election Superintendent and Board of Aldermen for the adoption of election procedures which will result in efficient and orderly elections within the City of Atlanta. The Commission shall conduct hearings for the pur pose of providing a forum where complaints pertaining to the elec tion process and procedures may be aired by the citizens of the City of Atlanta."
By striking in its entirety the last sentence of Section 5 of said Act which reads as follows:
"In each year in which a special or general election is con ducted within the City of Atlanta, the Superintendent shall receive the sum of $5,000, which shall be paid to him in addition to all other compensation which he may be receiving from the City of Atlanta."
So that as amended, said Section 5 shall read as follows:
"In each year in which a special or general election is held in the City of Atlanta, the members of the Atlanta Municipal Election Commission, and until 1970, the City Executive Com mittee shall receive the sum of $200."
And by striking in their entirety Sections 6 and 7 and substituting in lieu thereof the following:
"Section 6. Notwithstanding any other provisions of this char ter to the contrary, no candidate shall have his name placed upon the ballot by virtue of accompanying his notice of candidacy with a nominating petition.
Section 7. No political party shall conduct primaries for the purpose of nominating candidates for municipal elections. In all municipal elections conducted by the City of Atlanta, the names of all candidates shall be listed upon the ballot under the Inde pendent column."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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HB 531. By Mr. Wheeler of the 57th:
A bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 531 by striking from the title the following:
"to provide for the employment of deputies, clerks, assistants, and other personnel required by the ordinary of Bacon County and for their compensation; to provide an effective date;",
and inserting in lieu thereof the following:
"to provide for a referendum;".
By striking Section 5 in its entirety.
By renumbering Sections 6, 7, 8 and 9 as Sections 5, 6, 7 and 8, respectively.
By striking renumbered Section 7 in its entirety and inserting in lieu thereof a new renumbered Section 7, to read as follows:
"Section 7. It shall be the duty of the ordinary of Bacon County to issue the call for an election for the purpose of sub mitting this Act to the voters of Bacon County for approval or rejection. The ordinary shall set the date for such election for Wednesday, September 9, 1970. 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 Bacon County. The ballot shall have written or printed thereon the words:
'For approval of the Act placing the ordinary of Bacon Coun ty on an annual salary of $7,500 instead of the fee system of com pensation and providing for the payment of the operating expenses of the office of the ordinary of Bacon County.
'Against approval of the Act placing the ordinary of Bacon County on an annual salary of $7,500 instead of the fee system of compensation and providing for the payment of the operating ex penses of the office of the ordinary of Bacon County.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If 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
TUESDAY, MARCH 25, 1969
1869
and effect. The expense of such election shall be borne by Bacon County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 617. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tifton, so as to extend the corporate limits of the City of Tifton; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. Laws 1920, p. 1625), as amended, particularly by an Act approved March 1, 1939 (Ga. Laws 1939, p. 1360), and an Act approved March 17, 1958 (Ga. Laws 1958, p. 2696), so as to extend the corporate limits of the City of Tifton; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. Laws 1920, p. 1625), as amended, par ticularly by an Act approved March 1, 1939 (Ga. Laws 1939, p. 1360), and an Act approved March 17, 1958 (Ga. Laws 1958, p. 2696), is here by amended by adding thereto the following:
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"In addition to the area now embraced within the corporate limits of the City of Tifton, the following described area and property shall likewise be embraced within the corporate limits of said city, so that the corporate limits of the City of Tifton will be defined, located, and described as follows:
BEGINNING at the northwest corner of Land Lot 215 of the 6th Land District of Tift County, Georgia, thence from such be ginning point run southward along the west land lot lines of Land Lots 215, 246 and 261 to the northeast corner of Land Lot 293, thence run westward along the north land lot line of said Land Lot 293 to the northwest corner of such land lot, thence run south along the west land lot lines of Land Lots 293, 306 and 339 to the southwest corner of Land Lot 339, thence run east along the south land lot lines of Land Lots 339, 338 and 337 to the east right of way line of Interstate Highway 75, thence run southeastward along the east right of way of Interstate Highway 75 across Land Lot 355 to the intersection of such right of way with the center of Whiddon Road, thence run east along the center of Whiddon Road to the center of U. S. Highway 41, thence run east along the center of Southwell Boulevard to its intersection with the east right of way of the Georgia, Southern and Florida Railway Company, thence run northward along such right of way line to its intersec tion with the east right of way line of U. S. Highway 41, thence run northeastward and thence northwestward along the east right of way line of U. S. Highway 41 to its intersection with the south land lot line of Land Lot 335, thence run east along the south land lot line of Land Lot 335 and the south land lot line of Land Lot 334 to the southeast corner of Land Lot 334, thence run north ward along the east land lot lines of Land Lots 334, 311, 288, 265, 242 and 219 to the northeast corner of Land Lot 219, thence run westward along the north land lot lines of Land Lots 219, 218, 217, 216 and 215 to the northwest corner of Land Lot 215, which is the point of beginning, all of said land lots being in the 6th Land District of Tift County, Georgia."
Section 2. Not less than 20 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise be comes law, it shall be the duty of the Clerk of the City of Tifton to issue the call for an election for the purpose of submitting this Act
to the voters registered to vote in elections of the City of Tifton, and to those voters who are registered to vote for members of the General Assembly and who reside in the area proposed to be annexed to the present corporate limits of the City of Tifton, for approval or rejec tion. The said Clerk 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 said Clerk shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Tifton. The ballot shall have written or printed thereon the following:
"For appproval of the Act extending the corporate limits of the City of Tifton.
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1871
"Against approval of the Act extending the corporate limits of the City of Tifton."
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 all votes cast on such question by the voters residing within the present corporate limits of the City of Tifton, and if more than one-half of all votes cast on such question by the voters residing within the territory proposed to be annexed are for approval of this Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Tifton. It shall be the duty of the Clerk of the City of Tifton to hold and conduct such election. He shall hold the election under the same laws and rules and regulations that govern municipal special elections. It shall be the duty of the said Clerk to canvass the returns and to declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. Any person who owns real property in the area pro posed to be annexed to the present corporate limits of the City of Tifton by Section 1, but does not reside in said area and is authorized to vote in elections held in Tift County for the purpose of electing members of the General Assembly, is hereby authorized to vote in the election provided for by Section 2. Any such person shall be eligible to vote by submitting proof of ownership of such property to the Clerk of the City of Tifton and registering with said Clerk within ten days of said election. Ownership of such property may be proved by a deed to such property or by a receipt showing that 1968 ad valorem taxes were paid on such property. The Clerk shall prepare a list for record, of such persons who qualify to vote with him pursuant to the provi sions of this Section. For the purpose of determining the outcome of the election, votes cast by persons authorized to vote pursuant to this Section shall be counted with and the totals included with the totals of votes cast in said election by those persons residing in the area proposed to be annexed. Under no circumstances shall this Section be construed to allow any person to cast more than one vote in such elec tion.
Section 4. In the event this Act is approved by the voters resid ing within the present corporate limits of the City of Tifton, and by the voters residing within the area proposed to be annexed to the present corporate limits of the City of Tifton, it shall become effective on the 1st day of January, 1970.
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 47, nays 0, and the substitute 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 770. By Mr. Jordan of the 55th:
A bill to amend an Act creating the charter for the City of Douglas, so as to provide that the city manager shall have an annual audit con ducted of the financial affairs, books and records of the City of Douglas; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 770 by adding at the end of quoted Section 13A of Section 1 a new subsection to be designated subsection (e) and to read as follows:
"(e) Any other provisions of this Section to the contrary not withstanding, all receipts and disbursements of $50.00 or more shall be verified by the auditor; all receipts and disbursements from $5 to $50 need not be verified and may be listed as uncertified; and all receipts and disbursements of less than $5 may be combined and listed under miscellaneous receipts or disbursements, as the case may be, without verification."
On the adoption of the amendment, the ayes were 47, nays 0, and the amend ment was adopted.
Senator Eldridge of the 7th offered the following amendment:
Amend HB 770 by striking quoted Section 13A of Section 1 in its entirety and substituting in lieu thereof a new Section 13A to read as follows:
"Section 13A. It shall be the duty of the Board of Commis sioners of the City of Douglas to have conducted an annual cer tified audit of the financial affairs, books and records of the City of Douglas. Such certified audits shall be made in accordance with the generally accepted auditing and accounting procedures as recognized by the Georgia Society of Certified Public Accountants.
TUESDAY, MARCH 25, 1969
1873
and the American Institute of Certified Public Accountants. The person or persons making such audits shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants."
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 771. By Mr. Jordan of the 55th:
A bill to amend an Act creating the office of Commissioner of Roads; and Revenues in the county of Coffee, so as to provide that the Board of Commissioners of Coffee County shall have an annual audit conducted of the financial affairs, books and records of Coffee County; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 771 by adding at the end of quoted Section 14A of Section 1 a new subsection to be designated subsection (e) and to read as follows:
"(e) Any other provisions of this Section to the contrary not withstanding, all receipts and disbursements of $50.00 or more shall be verified by the auditor; all receipts and disbursements from $5 to $50 need not be verified and may be listed as uncertified; and all receipts and disbursements of less than $5 may be combined and listed under miscellaneous receipts or disbursements, as the case may be, without verification."
On the adoption of the amendment, the ayes were 47, nays 0, and the amend ment was adopted.
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JOURNAL OF THE SENATE,
Senator Eldridge of the 7th offered the following amendment:
Amend HB 771 by striking quoted Section 14A of Section 1 in its entirety and substituting in lieu thereof a new Section 14A to read as follows:
"Section 14A. It shall be the duty of the Board of Commis sioners of Coffee County to have conducted an annual cerified audit of the financial affairs, books and records of the County of Coffee. Such certified audits shall be made in accordance with the gen erally accepted auditing and accounting procedures as recognized by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The person or persons making such audits shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Ac countants."
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 774. By Mr. Wheeler of the 57th: A bill to amend an Act creating a new Charter for the City of Alma, so as to remove certain provisions in the title of said Act relating to limitations on taxation; to provide for the levy and collection of taxes; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 774 by adding in the title between the word "taxes" and the word "to" the following:
"to provide for a referendum;".
By renumbering Section 4 as Section 5.
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1875
By adding a new Section 4, to read as follows:
"Section 4. It shall be the duty of the mayor and council of the City of Alma to issue the call for an election for the purpose of submitting this Act to the voters of the City of Alma for approval or rejection. The mayor and council shall set the date for such election for Thursday, November 6, 1969. The mayor and council 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 Bacon County. The ballot shall have written or printed thereon the words:
'For approval of Section 3 of the Act authorizing the mayor and council to increase taxes.
'Against approval of Section 3 of the Act authorizing the mayor and council to increase taxes.'
All persons desiring to vote in favor of Section 3 of the Act shall vote for approval, and those persons desiring to vote for rejection of Section 3 of the Act shall vote against approval. If more than one-half of the votes cast on such question are for ap proval of Section 3 of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Alma. It shall be the duty of the mayor and council to conduct and hold such election. They shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the mayor and council to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 831. By Messrs. Knowles of the 22nd, Clarke of the 33rd, Caldwell and Smith of the 39th: A bill to amend an Act placing the district attorney of the Flint Judi-
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cial Circuit on an annual salary in lieu of the fee system of compensa tion, so as to abolish the annual salary of the district attorney of said 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 47, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 928. By Messrs. Scarlett and Harris of the 67th:
A bill to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to designate the chief jailer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bibll, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 930. By Messrs. Scarlett and Harris of the 67th: A bill to amend an Act creating the City Court of Brunswick, so as to change the name 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 845. By Mr. Hargrett of the 58th: A bill to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; and for other purposes.
TUESDAY, MARCH 25, 1969
1877
The Committee on County and Urban Affairs offered the following1 amend ment:
Amend HB 845 by inserting in the title between the word "Authority" and the word "to" the following:
"to provide that this Act shall become effective only if ap proved by the grand jury; to provide that the grand jury shall notify the Secretary of State of its action;".
By renumbering Section 2 as Section 3.
By adding a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall become effective only if approved by the first grand jury of Wayne County which shall convene after the effective date of this Act. The grand jury shall notify the Secretary of State of its action within ten days after approving or disapproving said Act."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 859. By Mr. Wheeler of the 57th:
A bill to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-timedeputy sheriffs; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 859 by striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".
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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. It shall be the duty of the Ordinary of Pierce County to issue the call for an election for the purpose of sub mitting this Act to the voters of Pierce County for approval or rejection. The Ordinary shall set the date of such election for Wed nesday, September 9, 1970. 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 Pierce County. The ballot shall have written or printed thereon the words:
'For approval of the Act increasing the compensation of one full-time deputy sheriff to $5,400.00 per annum and in creasing the compensation of the other full-time deputy sheriff to $4,800.00 per annum.
'Against approval of the Act increasing the compensation of one full-time deputy sheriff to $5,400.00 per annum and in creasing the compensation of the other full-time deputy sheriff to $4,800.00 per annum.'
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. The expense of such election shall be borne by Pierce County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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1879
HB 920. By Mr. DeLong of the 80th:
A bill to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ments:
Amend HB 920 by striking from quoted Section 3, which Section is quoted in Section 1 of said bill, the listings of the various employees within the sheriff's office and their respective salaries, and substitut
ing in lieu thereof the following:
' 1 Chief Deputy 1 Major 1 Chief Criminal Investigator 2 Captains 1 ID & Fingerprint Expert 3 Civil Deputies 5 Lieutenants 17 Criminal Investigators 1 Chief Jailer 46 Patrol Deputies 2 Bookkeepers (1 Jail, 1 Office) 1 Secretary 10 Assistant Jailers Turnkeys 9 Clerk-Dispatchers 1 Mechanic Helper 1 Office Clerk 3 Office Clerks 3 Matrons
$732.00 per month 632.70 per month 539.50 per month 539.50 per month 531.00 per month 531.10 per month 518.50 per month 518.50 per month 518.50 per month 487.00 per month 445.00 per month 445.00 per month 403.00 per month 403.00 per month 415.00 per month 387.25 per month 340.00 per month 321.00 per month".
By striking from quoted Section 3, which Section is quoted in Sec tion 1 of said bill, the following:
"17 Criminal Investigators and substituting in lieu thereof the following:
518.50 per month"
"16 Criminal Investigators
518.50 per month".
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On. the adoption of the amendment the ayes were 47, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the ill as amended, was agreed to.
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 936. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the Superior Court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 936 by striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. It shall be the duty of the Ordinary of Appling County to issue the call for an election for the purpose of sub mitting this Act to the voters of Appling County for approval or rejection. The Ordinary shall set the date for such election for Wednesday, September 9, 1970. 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 Appling County. The ballot shall have written or printed there on the words:
'For approval of the Act to increase the annual salary of the tax receiver of Appling County to $4,000.00.
'Against approval of the Act to increase the annual salary of the tax receiver of Appling County to $4,000.00.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the
TUESDAY, MARCH 25, 1969
1881
Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the Ordinary to can vass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 937. By Mr. Conner of the 56th:
A bill to fix the compensation of the members of the Board of Educa tion of Appling County; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 937 by striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. It shall be the duty of the Ordinary of Appling County to issue the call for an election for the purpose of sub mitting this Act to the voters of Appling County for approval or rejection. The Ordinary shall set the date for such election for Wed nesday, September 9, 1970. 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
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JOURNAL OP THE SENATE,
Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act increasing the compensation of each member of the Appling County Board of Education to $900.00 per annum.
'Against approval of the Act increasing the compensation of each member of the Appling County Board of Education to$900.00 per annum.'
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. The expense of such election shall be borne by Appling County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the Ordinary to can vass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 938. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax collector and his secretary; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
TUESDAY, MARCH 25, 1969
1883
Amend HB 938 by striking from the title the phrase "to provide an effective date;" and inserting in lieu thereof the phrase "to provide for a referendum;".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. It shall be the duty of the ordinary of Appling County to issue the call for an election for the purpose of submit ting this Act to the voters of Appling County for approval or re jection. The ordinary shall set the date for such election for Wed nesday, September 9, 1970. 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 Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act increasing the compensation of the tax collector of Appling County to $9,000 per annum and increasing the compensation of the secretary to the tax col lector of Appling County to $3,640 per annum.
'Against approval of the Act increasing the compensation of the tax collector of Appling County to $9,000 per annum and increasing the compensation of the secretary to the tax collector of Appling County to $3,640 per annum.'
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. The expense of such election shall be borne by Appling County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed as amended.
HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th and others: A bill to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, so as to provide that the employees of Chatham County shall be afforded an opportunity to elect three members to the said Civil Service Board, which three mem bers shall be in addition to the present membership tkereof; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 956 by striking the word "three" wherever it appears in the caption and in Section 1 of said bill and substituting in lieu thereof the word "two".
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 957. By Messrs. Levitas, Thomason, Farrar and Harris of the 77th and others: A bill to amend an Act establishing a new charter for the City of Atlanta, relating to corporate boundaries; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
TUESDAY, MARCH 25, 1969
1885
The bill, having1 received the requisite constitutional majority, was passed.
HB 976. By Mr. Hargrett of the 58th:
A bill to change the compensation of the sheriff and the clerk of the superior court in certain counties; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute :
A BILL
To be entitled an Act to change the compensation of the sheriff and the clerk of the superior court in certain counties; to authorize the clerk of the superior court in certain counties to appoint a chief deputy; to fix the compensation of the chief deputy of the clerk of the superior court in certain counties; to provide that the sheriff and the clerk of the superior court shall receive no other remuneration; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. In all counties of this State having a population of not less than 17,850 and not more than 18,000, according to the United States decennial census of 1960 or any such future census, the sheriff in any such county shall receive an annual salary of $10,000. Such compensation shall be paid in equal monthly installments from the funds of any such county.
Section 2. In all counties of this State having a population of not less than 17,850 and not more than 18,000, according to the United States decennial census of 1960 or any such future census, the clerk of the superior court in any such county shall receive an annual salary of $10,000. Such compensation shall be paid in equal monthly install ments from the funds of any such county. The clerk of the superior court in any such county is hereby authorized to appoint a chief deputy who shall be compensated in the amount of $5,400 per annum, payable in equal monthly installments from the funds of any such county.
Section 3. The sheriff and the clerk of the superior court shall receive no remuneration except as provided herein from any other source for their services as sheriff and clerk of the superior court.
Section 4. It shall be the duty of the ordinary of each such county to issue the call for an election for the purpose of submitting this Act to the voters of such county for approval or rejection. The ordinary shall set the date of such election for Wednesday, September 9, 1970. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date
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JOURNAL OF THE SENATE,
thereof in the official organ of such county. The ballot shall have written or printed thereon the words:
"For approval of Section 1 of the Act increasing the annual salary of the sheriff to $10,000.
"Against approval of Section 1 of the Act increasing the an nual salary of the sheriff to $10,000."
"For approval of Section 2 of the Act increasing the annual salary of the clerk of the superior court to $10,000 and increasing the compensation of the chief deputy of the clerk of the superior court to $5,400 per annum.
"Against approval of Section 2 of the Act increasing the an nual salary of the clerk of the superior court to $10,000 and in creasing the compensation of the chief deputy of the clerk of the superior court to $5,400 per annum."
All persons desiring to vote in favor of Section 1 or Section 2 of the Act shall vote for approval and those persons desiring to vote for rejection of Section 1 or Section 2 of the Act shall vote against ap proval. If more than one-half of the votes cast are for approval of Section 1 or Section 2 of the Act, such section shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by such county. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
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 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
TUESDAY, MARCH 25, 1969
1887
HB 977. By Mr. Hargrett of the 58th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 977 by striking the next-to-last sentence of quoted Sec tion 22 of Section 1, which reads as follows:
"The compensation of the city attorney shall be fixed by the board.",
and inserting in lieu thereof the following sentence:
"The salary-retainer of the city attorney shall be fixed by the board in an amount not to exceed $1,200.00 per annum."
On the adoption of the amendment the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to authorize an auto mobile for the use of the commissioner in conducting the official duties of his office; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 982 by striking from Section 1, the following:
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JOURNAL OF THE SENATE,
"Walker County is hereby authorized to provide a motor ve hicle for the use of the commissioner in the discharge of the offi cial duties of his office, and the county is authorized to pay the expenses of the operation of such motor vehicle. The commissioner shall continue to receive the expense allowances provided for iir Section 10 of this Act.",
wherever the same shall appear, and inserting in lieu thereof, the fol lowing:
"The commissioner is hereby authorized to purchase in 1969 an automobile from the funds of Walker County which he shall use in the discharge of the official duties of his office, and the expense of the operation of such automobile shall be paid from the funds of the county. The total purchase price of such automobile shall not exceed $2,975.00. The commissioner shall continue to re ceive the expense allowances provided for in Section 10 of this. Act."
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolutions were read and adopted:
SR 166. By Senator Fincher of the 54th;
A resolution congratulating the Boys Basketball Team of Murray Coun ty High School; and for other purposes.
SR 167. By Senator Kidd of the 25th:
A resolution commending and congratulating the American Legion upon its Golden Anniversary; and for other purposes.
TUESDAY, MARCH 25, 1969
1889
SR 169. By Senators Bateman of the 27th, Adams of the 26th, Webb of the llth and others:
A resolution commending the Honorable Gail Luke Carver; and for other purposes.
SR 170. By Senator Webb of the llth: A resolution commending the Seminole County High School Girla Basketball Team; and for other purposes.
HR 417. By Messrs. Adams of the 100th, Salem and Rush of the 51st, Brown and Melton of the 32nd and many others: A resolution commending the Legislative Counsel and his staff; and for other purposes.
HR 412. By Messrs. Adams of the 100th, Salem of the 51st, Brown of the 32nd, Carnes of the 104th and many, many others: A resolution commending the lovely ladies of the Legislative Counsel's Office; and for other purposes.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Gov ernor:
SB 50.
Respectfully submitted, Eldridge of the 7th District, Chairman.
Senator Gillis of the 20th moved that the Senate now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 9:00 o'clock.
1890
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Wednesday, March 26, 1969.
The Senate met pursuant to adjournment at 9:00 o'clock this morning and was called to order by the president.
Senator Young of the 13th reported that the journal of yesterday's pro ceedings had been read and found correct.
Senator Eldridge of the 7th moved that the Senate reconsider its action of yesterday on the following bill of the House:
HB 843. By Mr. Jordan of the 55th: A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax com missioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.
On the motion to reconsider, the ayes were 36, nays 0.
The motion prevailed, and HB 843 was placed at the foot of the calendar.
Senator Vann of the 10th moved that the Senate reconsider its action of yesterday on the following bill of the House:
HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st: A bill to amend Code Title 32 relating to education, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other pur poses.
On the motion to reconsider, the ayes were 29, nays 1.
The motion prevailed, and HB 271 was placed at the foot of the calendar.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
WEDNESDAY, MARCH 26, 1969
1891
Mr. President:
The House has adopted the following resolution of the House, to-wit:
HR 461. By Messrs. Knapp, Pinkston, Keen and Evans of the 81st, Fallin and Bostick of the 63rd and many, many others:
A resolution commending the Honorable Gail Luke Carver; and for other purposes.
Senator Smith of the 34th moved that the Senate reconsider its action of yesterday on the following bill of the House:
HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th, Brown of the 32nd and others:
A bill to amend the Code of Georgia of 1933, as amended, so as to in crease the time within which certain vehicles must be registered and a license plate required; and for other purposes.
On the motion, 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:
Adams of 26th Bateman Brown of 47th Chapman Dean Garrard Hardy
Hensley Jackson Maclntyre McGill Padgett Pennington Reeder
Riley Smith of 34th Spinks Trippe Tysinger Vann Webb
Those voting in the negative were Senators:
Abney Adams of 5th Andrews Broun of 46th Carter Cox Doss Eldridge
Fincher of 51st Fincher of 54th Hill Holley Hudgins Kennedy Kidd London
Noble Rowan Scott Smalley Starr Stephens Ward Young
1892
JOURNAL OF THE SENATE,
The roll call was verified.
On the motion to reconsider, the ayes were 21, nays 24, and the motion was lost.
Senator Garrard of the 37th moved that the Senate reconsider its action of yesterday on the following bill of the House:
HB 812. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th: A bill to authorize each county and municipality to levy and collect a tax upon the sale or charges for any room or rooms, lodgings or accom modations furnished by any hotel, motel, inn, tourist camp, tourist cabin or any other such place; and for other purposes.
On the motion, the ayes were 20, nays 21, and the motion to reconsider was lost.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The president announced the doctor of the day, Dr. Charles Watkins, and as the nurse of the day, Mrs. Cheryl Kish.
Senator Coggin of the 35th asked unanimous consent that the following be established as the order of business of the day:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Second reading of bills and resolutions. 5. Reports of standing committees. 6. Third reading and passage of local, uncontested bills and resolutions.
7. Third reading of general bills and resolutions.
The consent was granted.
WEDNESDAY, MARCH 26, 1969
189a
Scripture reading and prayer were offered by the Reverend Hoyt G. Parr, pastor, First Baptist Church, Forest Park, Georgia.
By unanimous consent, the roll call was dispensed with.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment as amended by the House, to the following bill of the House, to-wit:
HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones and Buck of the 84th and others:
A bill to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.
The following bill and resolution were introducted, read the first time, and referred to committees:
SB 290. By Senator Starr of the 44th:
A bill to amend Code Section 92-3107, relating to the definition of "gross income" for income tax purposes, so as to provide a certain exemption from State income tax; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SR 174. By Senators Webb of the llth and Bateman of the 27th:
A resolution authorizing the Senate Retirement Committee to study matters relative to retirement systems during the interim; and for other purposes.
Referred to Committee on Rules.
The following bill was read the second time:
SB 289. By Senator Broun of the 46th:
A bill to provide that any bill relative to any retirement pension or emeritus system shall not be introduced in the General Assembly ex cept under certain conditions; to provide the procedure connected there with; to repeal conflicting laws; and for other purposes.
Senator Dean of the 6th moved that the following bill of the House be recommitted to the Committee on County and Urban Affairs:
1894
JOURNAL OF THE SENATE,
HB 686. By Mr. Harrison of the 66th:
A bill to authorize the governing authorities of certain counties to pass and adopt zoning and planning laws whereby such counties may be zoned or districted for various uses and other or different uses pro hibited therein, and regulating the plans for development and improve ments on real estate; and for other purposes.
On the motion, the ayes were 37, nays 0, and the motion prevailed.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 262. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for issuing new birth certificates that are not marked 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 184. By Messrs. Wood, Williams and Cooper of the llth:
A bill to amend an Act establishing the State Employees' Retirement System, so as to permit newly elected tax commissioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958 to avail themselves of certain retirement 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 Chair called for the ayes and nays, and the vote was as follows:
WEDNESDAY, MARCH 26, 1969
1895
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Pincher of 51st
Hill Holley Holloway Hudgins Jackson Kennedy London McGill Noble Pennington Plunkett Riley
Rowan Scott Smith of 18th Spinks
Starr Trippe Vann
Webb Young Zipperer
Those voting in the negative were Senators Dean and Doss.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 34, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 199. By Mr. Barber of the 15th:
A bill to amend an Act creating the Employees' Retirement System, so as to change the provisions relating to employment of retired mem bers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 689. By Messrs. Keyton and Russell of the 70th, Wamble of the 69th, Connell of the 79th and others:
A bill to amend Code Chapter 24-8, relating to constables, so as to provide for the appointment of constables by the justice of the peace in each militia district; and for other purposes.
1896
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 236. By Senator London of the 50th:
A bill to consolidate the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
The House committee on Local Affairs moved to amend SB 236 by strik ing from Section 3 the figure "$4,200," and inserting in lieu thereof the figure "$8,000.".
Senator London of the 50th moved that the Senate agree to the House amendment to SB 236.
On the motion, the ayes were 30, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st: A bill to amend C*,de Chapter 88-15, relating to the control of rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.
The Committee on Health and Welfare offered the following amendment:
WEDNESDAY, MARCH 26, 1969
1897
Amend HB 226 by striking from the title the following phrase:
"to provide an alternative method for identifying dogs;".
By striking from Section 4, wherever the same shall appear, the following:
", unless the dog's owner shall determine that the dog may suffer harm or inconvenience by having a collar or harness. In this event, the owner shall have the dog tattooed in its ear by a person skilled in the art of tattooing. The tattoo shall contain the name or the abbreviation of the county of residence of the dog's owner and the license numbered assigned to the dog by the De
partment of Health".
And, by striking in its entirety Section 8 and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The provisions of this Act shall become effective on July 1, 1970."
On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 280. By Mr. Lambert of the 25th:
A bill to amend Code Section 92-3211, relating to late, false and fraudulent income tax returns, so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1898
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 234. By Messrs. Chandler and Harrington of the 34th:
A resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was taken up for the purpose of considering a House amendment to a Senate amendment thereto:
HB 160. By Mr. Miller of the 83rd:
A bill to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.
Mr. Miller of the 83rd moved to amend Senate amendment to HB 160 by striking quoted Section 17A in its entirety and inserting in lieu thereof a new Section 17A, to read as follows:
"Section 17A. The mayor of the City of Macon is hereby autho rized to determine the days which constitute legal holidays for the employees of the City; provided, however, the mayor shall set no less than five such legal holidays. The employees of the City of Macon shall be paid for such legal holidays."
Senator Bateman of the 27th moved that the Senate agree to the House amendment to the Senate amendment.
WEDNESDAY, MARCH 26, 1969
1899
On the motion, the ayes were 32, nays 0.
The motion prevailed, and the House amendment to the Senate amendment was agreed to.
The following general resolution, favorably reported by the committee, was read the third time, and put upon its passage:
HR 270. By Mr. Brantley of the 114th:
A resolution authorizing the conveyance of certain real estate 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 35, 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 House action thereto:
SB 126. By Senator Kidd of the 25th:
A bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to repeal conflicting laws; and for other pur poses.
Senator Kidd of the 25th moved that the Senate recede from its disagree ment to the House amendment to SB 126.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
Senator Stephens of the 36th asked unanimous consent that the following be recorded in the Journal: "Due to the necessary absence of Pulton and DeKalb
1900
JOURNAL OF THE SENATE,
Delegation members from the Senate chamber at a meeting, the following sena tors did not have an opportunity to vote on HB 184:
Senators Smith of the 34th, Stephens of the 36th, Garrard of the 37th, Johnson of the 38th, Ward of the 39th, Maclntyre of the 40th, Tysinger of the 41st, Walling of the 42nd, Miller of the 43rd, Reeder of the 55th and Hardy of the 56th."
The consent was granted.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 525. By Messrs. Melton of the 32nd, Wamble of the 69th and Peterson of the 41st:
A bill to authorize the State Revenue Commissioner to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection of the State Revenue Commissioner of any tax levied which is also levied and collected by the State Revenue Commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other pur poses.
Senator Johnson of the 38th offered the following amendment:
Amend HB 264 by renumbering Section 3 as Section 4 and by adding a new Section 3 to read as follows:
"Section 3. No provision of this Act shall be construed as
WEDNESDAY, MARCH 26, 1969
1901
prohibiting or preventing a municipality or county from fixing, charging, assessing or collecting any license fee, registration fee, tax or gross receipt tax on any business covered by this Act or upon any related business or any one engaged in any related busi ness governed by the provisions of this Act."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the commmittee, 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.
HR 194. By Messrs. McDaniell of the 117th, Nessmith of the 44th and Burruss of the 117th:
A resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend HR 194 by deleting the last paragraph of said resolution in its entirety and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that before any additional State Park sites are acquired by the State Parks Department, such acqui sition shall be first approved by the Joint Fiscal Affairs Com mittee of the Senate and House Appropriations Committees upon the recommendation of the State Properties Control Commission."
On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
1902
JOURNAL OF THE SENATE,
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following resolution of the Senate, to-wit:
SR 102. By Senator London of the 50th:
A resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
The House has passed, by substitute, by the requisite constitutional majority the following resolution of the Senate, to-wit:
SR 101. By Senator Kidd of the 25th:
A resolution creating the Uniform Consumer Credit Code Study Com mittee; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolution of the Senate, to-wit:
SB 62. By Senators Holley of the 22nd and Padgett of the 23rd:
A bill to amend an Act known as the "Trial Judges and Solicitors Re tirement Fund Act", so as to exclude from said Act certain Solicitors of the city courts of this State; and for other purposes.
SB 275. By Senators Smith of the 18th and Andrews of the 49th:
A bill to authorize the State Department of Education and county and independent boards of education to expend State and local funds to teach deaf, hearing-impaired, and speech-handicapped children of pre school age; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 26, 1969
1903
SR 108. By Senators Reeder of the 55th, Trippe of the 31st, Vann of the 10th and others:
A resolution authorizing the cancellation and exchange of certain ease ments held by the State Highway Department acquired in conjunc tion with Georgia Highway Project P 010-2 (10) formerly FAP 449-C; and for other purposes.
SB 55. By Senator Coggin of the 35th:
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 of Fulton County", so as to increase the amount of dependent benefits from 50% to 60%; and for other pur poses.
SB 233. By Senator London of the 50th:
A bill to amend an Act placing the sheriff of Fannin County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 259. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to create a Board of Commis sioners of Fannin County to consist of a Chairman and two other members; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 30. By Mr. Levitas of the 77th: A bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 90. By Senators Cox of the 21st and Walling of the 42nd: A bill to provide for a Georgia Scenic Rivers System; to designate
1904
JOURNAL OF THE SENATE,
rivers or sections of rivers to be studied for inclusion in the System; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
SR 117. By Senator Coggin of the 35th:
A resolution creating the Scholarship Study Committee; and for other purposes.
The House insists on its position in substituting the following bill of the Senate, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate, to-wit:
SB 104. By Senator Eldridge of the 7th:
A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968, so as to autho rize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.
The Speaker has appointed on the part of the House the following1 members thereof:
Messrs. Peterson of the 41st, Anderson of the 49th, and Brooks of the 17th.
The House insists on its position in amending the following bill of the Senate, to-wit:
SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th: A bill to amend Code Title 56 known as the "Georgia Insurance Code" approved Mar. 8, 1960, as amended; to make certain changes in re gards to hospital care; to repeal conflicting laws; and for other pur poses.
The following reports of standing committees were read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee on: County and Urban Affairs, submitted the following report:
WEDNESDAY, MARCH 26, 1969
1905
Mr. President:
Your Committee on County and Urban Affairs 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 435. Do pass. HB 630. Do pass. HB 886. Do pass as amended.
Respectfully submitted, Maclntyre of 40th District, Chairman.
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills of the House and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
HB 548. Do pass. HB 549. Do pass.
Respectfully submitted, Smith of 18th District, Vice Chairman.
The following bill of the House was taken up for the purpose of considering the report of a Conference Committee thereto:
HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Lambert of the 25th and Parker of the 46th:
A bill to amend Title 34 of the Code of Georgia of 1933, so as to pro vide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
The report of the Conference Committee was as follows:
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JOURNAL OF THE SENATE,
The Conference Committee on HB 564 recommends the following:
(1) That the House and Senate recede from their respective positions on Section 6, and that the following Section 6 be adopted:
"Section 6. Said Title is further amended by striking, wher ever it shall appear in Code Section 34-629, relating to where elec tors shall vote, the following figure:
'40,000',
and substituting in lieu thereof: '50,000',"
(2) That the House and Senate recede from their respective positions on Section 11, and that the Senate amendment to Section 11 be adopted with the following paragraph being substituted for the first paragraph in Section 34-1006:
"Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accord ance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office who meets the requirements of such procedural rules and (i) who is eligible to hold the office which he seeks, (ii) who is not pro hibited from being nominated or elected by provisions of Code Sec tion 34-106 or 34-107, as presently written or hereafter amended, and (iii) who, if party rules so require, affirms his allegiance to his party by signing the following oath:
'I do hereby swear or affirm my allegiance to the------_____ --------__,,_----_,,----_____------_ (name of party) Party.' "
(3) And, that the House recede from its position on the amend ment to Section 22, and that the Senate amendment to Section 22 be adopted.
Respectfully submitted,
SENATE
/s/ E. H. Zipperer of 3rd
/s/ Robert H. Walling of 42nd /a/ T. A. Starr of 44th
HOUSE OF REPRESENTATIVES
/s/ J. Roy McCracken of 36th /s/ E. R. Lambert of 25th /s/ Mobley Howell of 60th
WEDNESDAY, MARCH 26, 1969
1907
Senator Walling of the 42nd moved that the report of the Conference Com mittee be adopted.
On the motion, the ayes were 30, nays 1.
The motion prevailed, and the report of the Conference Committee was adopted.
The following resolution of the Senate was taken up for the purpose of considering a House substitute thereto:
SR 101. By Senator Kidd of the 25th:
A resolution creating the Uniform Consumer Credit Code Study Com mittee; and for other purposes.
The Committee on Special Judiciary offered the following substitute:
A RESOLUTION
Creating the Uniform Consumer Credit Code Study Committee; and for other purposes.
WHEREAS, consumer credit legislation was proposed in the Senate and the House of Representatives during the 1969 Session of the Gen eral Assembly; and
WHEREAS, the proposed legislation, commonly referred to as the "Uniform Consumer Credit Code", consolidates and revises certain as pects of the law relating to consumer and other loans, consumer and other sales of goods, services and interests in land and consumer leases and also revises the laws relating to usury; and
WHEREAS, because of the extensive changes in the laws relating to consumer credit, Senate Bill No. 18 has been recommitted for further study and House Bill No. 16 has been substantially amended by sub stitute.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Uniform Consumer Credit Code Study Committee to be composed of six mem bers of the Senate, to be appointed by the President of the Senate; six members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; eight members of the gen eral public; one of whom shall be a representative of the Georgia In dustrial Loan Association; one of whom shall be a member of the Geor-
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JOURNAL OF THE SENATE,
gia Retail Merchants Association; one of whom shall be a member of the Georgia Bankers Association; one of whom shall be a member of the Georgia Savings and Loan Association; and four persons knowl edgeable in consumer affairs who are not affiliated with the consumer credit industry in any manner, to be appointed by the Governor. The Comptroller General, the Secretary of State, and the Superintendent of Banks shall be ex officio members of the committee. The committee shall conduct a thorough study of Senate Bill No. 18 and House Bill No. 16, the version of the Uniform Consumer Credit Code recom mended by the National Conference of Consumers on Uniform State Laws, the Federal Consumer Credit Protection Act and the laws of other states relating to consumer credit. The committee may conduct such meetings at such places and at such times as it may deem neces sary or convenient to enable it to fully and effectively exercise its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative and appointed members of the com mittee shall receive the allowances authorized for legislative members of interim legislative committees. The Comptroller General, the Secre tary of State, and the Superintendent of Banks shall receive actual expenses incurred in connection with their work on the committee from their respective agencies. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly of Georgia, at which time the com mittee shall stand abolished.
Senator Kidd of the 25th moved that the Senate agree to the House sub stitute to SR 101.
On the motion, the ayes were 33, 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 102. By Senator London of the 50th:
A resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
The Committee on State Institutions and Property offered the following amendment:
WEDNESDAY, MARCH 26, 1969
1909
Amend SR 102 as follows:
By striking from the title the words, "certain tract" and inserting in lieu thereof the words, "certain tracts".
By inserting immediately following the sentence which reads as follows: "WHEREAS, the topography of Black Rock Mountain State Park is ideally suited to the erection of such facilities,", the following
sentences:
"WHEREAS, the operation of a television translator in north east Georgia will permit the residents thereof to receive national network broadcasts; and
WHEREAS, the topography of Black Rock Mountain State Park is ideally suited to the operation of such facilities; and
WHEREAS, the General Assembly of Georgia authorized the Governor of Georgia to enter into a five-year lease with the SPARTAN RADIOCASTING COMPANY, a South Carolina cor poration, licensee and operator of WSPA-TV, in 1964, to erect and operate a television translator on the premises in Black Rock Mountain State Park described below; and
WHEREAS, said Corporation has erected and operated the necessary facilities to enable the residents of this area to receive such broadcasts since 1964 from Black Rock Mountain State Park Tinder the terms of a five-year lease entered into by the Governor of Georgia pursuant to said authorization by the General Assem bly; and
WHEREAS, said five-year lease will expire April 30, 1969."
By adding at the end of said Resolution the following:
"BE IT FURTHER RESOLVED that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to grant a new five-year lease to become effective May 1, 1969, with the right of renewal for an additional five-year period thereafter, to SPARTAN RADIOCASTING COMPANY and its successors, as lessee, of the following described tract of land:
'To find the true point of beginning, commence at a point that is common to Land Lots 47, 48, 65 and 66 of Rabun County, Georgia; and thence 1,100 feet along a line runningnorth 29 degrees, 45 minutes west to an iron pin, which point is the beginning point of said tract; thence north 28 degrees, 00 minutes east 25 feet to an iron pin; thence north 62 de grees, 00 minutes west 25 feet to an iron pin; then south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees, 00 minutes east 25 feet to an iron pin and the point of beginning.'
for and in consideration of the annual rental of $20.00 per year>
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JOURNAL OF THE SENATE,
The Governor is also authorized to grant an easement for the erection and maintenance of power lines and poles from said tract to the nearest existing power outlet over any state owned property in order that the above described tract of land may be served by proper electrical power."
Senator London of the 50th moved that the Senate agree to the House amendment to SR 102.
On the motion to agree, the ayes were 33, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 398. By Messrs. Potts, Mullinax, Ware and Blalock of the 30th and Murphy of the 19th:
A bill to amend Code Section 92-1403 of the Georgia Code of 1933, re lating to the taxation of motor fuel known as the "Motor Fuel Tax Law", so as to change the time period within which applications for refunds of the tax paid on gasoline used for agricultural purposes must be filed; and for other purposes.
The report 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 590. By Mr. Alexander of the 108th:
A bill to amend an Act establishing Juvenile Courts, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, MARCH 26, 1969
1911
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 428. By Messrs. Matthews of the 63rd and Hudson of the 48th: A bill to be known as the "Dead Animal Disposal Act"; to provide for the disposition of dead animals and parts thereof; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 195. By Mr. Smith of the 39th:
A bill to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, so as to provide that teachers who have been teaching in both a public school and a private school during the same school year, who have been mem bers of the Teachers' Retirement System may reestablish membership in said system; and for other purposes.
The Committee on Retirement offered the following substitute:
A BILL
To be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State-sup ported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that certain teachers who are members of the Teachers' Retirement System shall be eligible to continue member ship in said retirement system; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing a retirement system for teachers in the State public schools and other State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended
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JOURNAL OF THE SENATE,
by adding a new subsection (5) at the end of Section 3 to read as follows:
"(5) Any person who is a teacher in both a public school and a private school system on the effective date of this Act and who has been in that system for the immediately preceding five (5) years and who is a member of the Teachers' Retirement System on the effective date of this Act shall be eligible to continue his membership in said retirement system; provided that the employer's contribution shall be paid by the system in which such person is teaching."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 36, nays 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.
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 906. By Messrs. Williams, Wood and Cooper of the llth: A bill to amend an Act creating the Claims Advisory Board, so as to provide that it shall be the duty of each State department and agency to file a notice of possibility of claim; and for other purposes.
The report 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 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st: A bill to amend an Act authorizing the appointment of an administra-
WEDNESDAY, MARCH 26, 1969
1913
tor de bonis non with will annexed upon application of interested per sons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act also applicable to cases where an executor has died intestate; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 627 by inserting in the caption after the phrase "dies testate", and before the phrase "approved February 12, 1952" the fol lowing phrase:
"resigns or otherwise becomes disqualified to serve,"
And by inserting in Section 1 after the phrase "if a decedent dies" and before the phrase "any person or persons" the following phrase:
"resigns or otherwise becomes disqualified to serve,"
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 31, nays 0.
The bill, having. received/the requisite constitutional majority, was passed as amended.
HE 139. By Messrs. Chandler of the 34th and Murphy of the 19th:
A resolution authorizing the disposal of that tract of land on which was located the Governor's Mansion in Ansley Park; and for other purposes,.
Senator Kidd of the 25th offered the following amendment: Amend HE 139 by striking from the resolving clause the following: ", by accepting competitive bids,"
and substituting in lieu thereof the following:
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JOURNAL OF THE SENATE,
", under such procedures, terms and conditions as in its judg ment will best serve the interest of the State of Georgia,".
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st and Bowen of the 47th:
A bill to amend Code Section 114-112, relating to the liability of prin cipal, intermediate, or sub-contractors, so as to provide the extent of liability of the principal, intermediate, and sub-contractors; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 134. By Messrs. Gunter and Moore of the 6th:
A resolution compensating Mr. T. L. Hodges, 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:
WEDNESDAY, MARCH 26, 1969
1915
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th
Carter Chapman Coggin
Cox Dean
Doss Eldridge
Fincher of 51st Pincher of 54th Garrard Crillis
Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson
Kennedy Kidd London
Maclntyre McGill
Miller Noble
Padgett Pennington Plunkett Reeder
Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th
Spinks Starr Stephens
Trippe Tysinger
Vann Walling
Ward Webb Young Zipperer
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 56, 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 in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:
HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus 105th, Adams of the 100th and others: A bill to amend Code Title 34A, relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; to de lete therefrom all references to non-partisan primaries; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
1916
JOURNAL OF THE SENATE,
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Cook of the 95th, Marcus of the 105th and Adams of the 100th.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 38. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of th& 36th and others:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, approved Sept. 6, 1891," as amended, so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.
SB 143. By Senator Padgett of the 23rd:
A bill to provide that in all counties of this State having a population
of not less than 135,000 nor more than 140,000 according to the U.S.
decennial census of 1960 or any future census, the district attorney of
the Judicial Circuit shall receive additional compensation; and for
other purposes.
''
The following bill of the House was taken up for the purpose of consider ing the report of a Conference Committee thereto:
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
The Conference Committee report was as follows:
The Conference Committee on HB 77 recommends that the Senate and House of Representatives both recede from their positions, and that the attached Conference Committee Substitute be adopted.
WEDNESDAY, MARCH 26, 1969
1917
Respectfully submitted,
FOR THE SENATE
/s/ Frank E. Coggin Frank E. Coggin Senator, 35th District
/s/ A. W. Holloway A. W. Holloway Senator, 12th District
/s/ Lamar R. Plunkett Lamar R. Plunkett Senator, 30th District
FOR THE HOUSE OF REPRESENTATIVES
/s/ George D. Busbee George D. Busbee Representative, 61st District
/s/ James H. Floyd James H. Floyd Representative, 7th District
/s/ Thomas B. Murphy Thomas B. Murphy Representative, 19th District
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, coun ties, municipalities, political subdivisions, and for all other govern mental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30,
1969.
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JOURNAL OF THE SENATE,
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation,
expenses, mileage, allowances, air travel expense, and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Coun cil of State Governments, National Conference of Com missioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other inci dental expenses for the legislative branch; for the neces sary cost of renovating and repairing the housing and other facilities for the legislative branch; for cost of compiling, publishing and distributing the Acts and Jour nals of the General Assembly, and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publish ing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolu tion; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law.
1969-70 .....................................$ 4,825,000.00 1970-71 ___________________________.________.__$ 4,825,000.00
Changed objects:
Personal Services _______________$ 2,740,000.00 Operating Expenses _____________$ 1,985,000.00 Capital Outlay _._________________$ 100,000.00
Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the ex penditure of funds appropriated to the legislative branch of government. The Committee is hereby authorized to promulgate rules and regulations relative to the expendi ture of funds appropriated to the legislative branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and pro grams which are paid for from funds appropriated to the legislative branch of government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.
Section 2. Audits, Department of.
WEDNESDAY, MARCH 26, 1969 Operations
1969-70 _.._.._.._._.__._.___.__-_. 1970-71 --___---__._______ _________ _._-._-
Changed objects: Personal Services __________________$ 691,100.00 Operating Expenses ____.___--___._.._? 83,900.00
1919
750,000.00 750,000.00
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and three Emeritus posi tions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per an num for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of at torneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.
1969-70 1970-71
Changed object:
Personal Services
..$ 531,811.00
Section 4. Court of Appeals. For the cost of operat ing the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be in creased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal
year.
1969-70 1970-71
Changed object:
Personal Services ...._..._..._.._
620,800.00
550,441.00 550,441.00
662,800.00 662,800.00
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JOURNAL OF THE SENATE,
Section 5. Superior Courts.
A. For the cost of operating the Superior Courts of the State of Georgia, including such contingent ex pense allowances authorized by law, the payment of mile age as authorized by law, and such other salaries and expenses as may be authorized by law. Provided, how ever, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Judge Emeritus position established during the fiscal year.
1969-70 ___........._.......____...________.___............__._____________$ 1,756,967.00 1970-71 ................. ...................^..^ 1,756,967.00
Changed object: Personal Services ......................... ^ 1,690,667.00
Provided, further, that the listed appropriation shall be increased by the amount of $25,000.00 per annum for each Judgeship created by law during the 1969 session of the General Assembly.
B. For payment of salaries, contingent expense allow ances, and other expenses as may be authorized by law for the District Attorneys and District Attorneys Emer itus. Provided, however, that the listed appropriations shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year.
1969-70 . ...^................. ............^............................^ 975,100.00
1970-71 ......................................^ 975,100.00
Section 6. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
1969-70 __.__.__.._......._...._._..._......__.._...._._.$ 1970-71 _.__..__..._..___......_.__..............__$
35,000.00 35,000.0ft
PART III.
EXECUTIVE BRANCH GENERAL GOVERNMENT
Section 7. Commission on Aging. 1969-70 ..._......_._..._._........._____..........................^ 1970-71 _.__._,,._...._......._.._..._---.---...__.__$
57,655.00 57,655.00
WEDNESDAY, MARCH 26, 1969
1921
Changed objects:
Personal Services -..----......-....._--.$ Operating Expenses .__._.__.._._..._$
70,353.00 16,362.00
Section 8. Art Commission, Georgia.
1969-70 ....__.__.............___----------------------$ 1970-71 ....__-_-----------------.-----$
57,060.00 57,060.00
Changed objects:
Personal Services ----------------$ Operating Expenses ...--..._._..__.$
32,460.00 24,600.00
Section 9. Banking, Department of.
1969-70 __._____----------__.------------.------_...$ 572,054.00 1970-71 .----------------------------..----$ 572,054.00
Changed object: Personal Services ........--.___...._$
452,054.00
Section 10. Capitol Square Improvement Committee.
A. Operating Costs.
1969-70 ...........__._....._......._____._..........._..$ 150,000.00 1970-71 ....--...__-- ----------_-------$ 150,000.00
B. Capital Outlay--Authority Lease Rentals, Annual Lease payments to Georgia Building Authority under ex isting leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.
1969-70 _.._.._.__._.._............._---____..........$ 3,112,752.87 1970-71 ___.....__---- -.---------------------$ 3,112,752,87
Section 11. Comptroller General. For the cost of operating the Office of the Comptroller General, Insur ance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safety Act.
1969-70 ............................____............_._....,,.__._...$ 1,526,450.00
1970-71 -----___..__--.___.__..__._....--$ 1,526,450.00
1922
JOURNAL OP THE SENATE,
Changed objects: Personal Services _._._....._...._$ 1,143,810.00 Operating Expenses ___......_..._$ 382,640.00
Section 12. Coordinator of Highway Safety.
1969-70 _.-..__._..____.._____._._.._.._.._._.__.___.$ 112,010.00 1970-71 __._.._._..._____.__...__.__._._.._._..._...$ 112,010.00
Changed objects: Personal Services ._...___.__..._$ Operating Expenses ___...___..$
136,119.00 87,900.00
Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military organi zations and the cost of operating the Civil Defense Divi sion, and the Office of Emergency Planning.
1969-70 _-._.__-._...--_._._._......_._.__......___._$ 1,070,393.00 1970-71 .............................. .....................$ 1,070,393.00
Changed object: Personal Services ...___........_._._.....$ 778,193.00
Section 14. Executive Department.
A. For the costs of operating the Executive De partment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the contingent expenses of the Department, such as re wards, dues to the Governors' Conferences, the South ern Interstate Nuclear Compact, and the Advisory Com mission on Intergovernmental Relations, and other spe cial committee expenses.
1969-70 1970-71
593,165.00 593,165.00
Changed object: Personal Services
,,.$ 393,165.00
B. For the Governor's Mansion allowance. 1969-70 _.__..._____.__.___-_ 1970-71 _._.__._.._._._.._._.__._._._...
25,000.00 25,000.00
WEDNESDAY, MARCH 26, 1969
1923
Section 15. Budget Bureau.
1969-70 ____________.._____________-..___.___....._.$ 302,575.00 1970-71 _----._._____..--_-.______________--____._______$ 302,575.00
Changed object:
Personal Services _,,.__--__._.___$ 256,075.00
Section 16. Planning and Programming Bureau.
(a) General operating costs.
1969-70 ._.....____________.........._-_______._____$ 520,421.00 1970-71 --._____________._______________-.___-__________$ 520,421.00
Changed objects:
Personal Services _.____________$ 689,156.00 Operating Expenses -___________.$ 214,712,00
Provided, however, that from the funds appropri ated above, the Bureau shall provide sums sufficient to implement the Omnibus Crime and Safe Streets Act, as set forth in the budget document.
(b) Grants to Area Planning and Development Com missions.
1969-70 ___.__________.......________,,____$ 823,200.00 1970-71 ____________________________._.._..._...$ 823,200.00
Section 17. Georgia Historical Commission.
1969-70 ...__..........____....._...._...._..._._.___$ 416,400.00 1970-71 ____________.........._..___....._________$ 366,400.00
Changed objects:
Personal Services _________$ Capital Outlay 1969-70 .______..$ Capital Outlay 1970-71 __________$
265,000.00 50,000.00
-0-
Section 18. Industry and Trade, Department of.
1924
JOURNAL OF THE SENATE,
A. General Operating Costs. 1969-70 ____..______._..__._____._____..._.$ 2,591,014.00 1970-71 ----__.----_--------_--___-----_______.___$ 2,591,014.00
Changed objects:
Personal Services -__..___--$ Operating Expenses ----.__.__..._$ Capital Outlay ____._.____._...$ Advertising __._.___...__.__$
908,500.00 782,514.00
-0900,000.00
B. Capital Outlay -- Metropolitan Atlanta Rapid Transit--To be expended under contract with the Metro politan Atlanta Rapid Transit Authority.
1969-70 ....____._....__....._.._----....__.__--_---.___$ 1970-71 ..____.__.___.^. ................... .^$
45,700.00 45,700.00
C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Ports Authority.
1969-70 ____________________.._.__________________________.____$ 2,000,000.00 1970-71 ........................................... ^ 2,000,000.00
Section 19. Labor, Department of.
A. For the cost of operating the Commissioner's Of fice and Factory Inspection Division.
1969-70 ..----_.__.._.____........__--_......__.$ 326,200.00 1970-71 __...__...._.__._.._._..._.__....._..........._..$ 326,200.00
Changed objects:
Personal Services _.___.._.._...$ 265,800.00 Operating Expenses __--...___..$ 60,400.00
B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.
1969-70 _...____-----__._.._..._______----___$ 1970-71 ________..._______---._._____$
85,000.00 85,000.00
WEDNESDAY, MARCH 26, 1969
1925
Changed objects:
Personal Services ..._______.._________._____$ 9,229,050.00 Operating Expenses _.._...__.._._.$ 1,672,750.00
Section 20. Law, Department of. For the cost of op erating the Department of Law, provided that the com pensation of all Assistant Attorneys General, Deputy As sistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State govern ment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and mainte nance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal ser vices by any Assistant Attorneys General or Deputy As sistant Attorneys General assigned by the Attorney Gen eral of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Ex ecutive Department for the payment of salaries and ex penses of the two Assistant Attorneys General or Deputy Assistant Attorneys General authorized to be ap
pointed by the Governor.
1969-70 ..._...._.._._...___.___......__.._-.-.-$ 888,000.00 1970-71 ----.-----__....._..........___._..._.....$ 888,000.00
Changed object:
Personal Services ___.....-._____._....___......$ 736,000.00
Section 21. Library, State.
1969-70 ..._--.-......-.------.-----------$ 122,200.00 1970-71 ____-_-_..._.................____..._.............$ 122,200.00
Changed object:
Personal Services ............___.....$ 90,200.00
Section 22. Literature Commission, State.
1969-70 _________-__-_--.._._.__---_--_.-_-.-_.____._-.$ 1970-71 ___.___..__...--...._--.----_----$
20,000.00 20,000.00
1926
JOURNAL OF THE SENATE,
Changed object:
Personal Services __.__..._....__________$ 10,464.00
Changed objects:
Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1969-70 _.__.__._____.._____________.__$ 127,330.00 1970-71 ._....___.____________.__..___$ 127,330.00
Changed objects:
Personal Services ----___.___..___$ Operating Expenses _______-____$
95,730.00 31,600.00
Section 24. Public Safety, Department of.
1969-70 ______.___.__-__________,___$ 13,291,700.00 1970-71 _._.______.__.______________________.$ 13,250,700.00
Changed objects:
Personal Services ___.__.____._._.____$ 9,724,700.00
Operating Expenses __-_--_____,,$ 3,726,000.00
Capital Outlay 1969-70 _________.____.$ 41,000.00
Capital Outlay 1970-71 ..__._.__....$
-0-
Provided, that from the above amount, $41,000.00 from Capital Outlay in 1969-70 shall be used as additional funds for construction of State Patrol Barracks in Stephens County.
Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American As sociation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Pro vincial Police).
Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.
1969-70 ________---_____.__---____.._....._..._.....$
1970-71 __.__________._.___-_-__-_$
688,131.00 688,131.00
WEDNESDAY, MARCH 26, 1969
1927
Changed objects:
Personal Services .._......._._..._..$ 594,158.00 Operating Expenses ____..__..$ 93,973.00
Section 26. Purchases, Supervisor of.
1969-70 _._..._..._...._._.....___._._.._.._._.__._.._..._.$ 467,653.00 1970-71 ___.......__._________._____...___$ 467,653.00
Changed objects:
Personal Services ..._.._____________$ 390,853.00 Operating Expenses ..._......___.$ 76,800.00
Section 27. Recreation Commission.
1969-70 _______________.___.__________$ 103,123.00 1970-71 __.________________._.__-..? 103,123.00
Changed object:
Personal Services _________$ 67,145.00
Section 28. Revenue, Department of.
A. For cost of operating the Department of Reve nue.
1969-70 _____________......____._.__.__....._.$ 13,366,400.00 1970-71 _____________-___________$ 13,366,400.00
Changed object:
Personal Services ......________$ 9,800,500.00
B. Grants to counties--Tax reevaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax reevaluation studies.
1969-70 --_.._......._____.______..__..___$ 1970-71 ....................___.___.__.....____......_..$
30,000.00 30,000.00
C. Loans to counties--Tax reevaluation. There is hereby appropriated for the fiscal years 1969-70 and 1970-71 the amount of such repayments of county tax
1928 a
JOURNAL OF THE SENATE,
evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $400,000.00 in each fiscal year. Such amount shall be available for further tax evaluation loans to counties.
Section 29. Science and Technology Commission.
1969-70 __..._..._..,,.,,.._____.___..__---____.$ 1970-71 __.._-._.._____--___._..._-._--_--------_-_____$
96,350.00 96,350.00
Changed object:
Personal Services
72,550.00
Section 30. Secretary of State.
A. Archives and Records. For the cost of operations of archives and history, microfilming and housing rec ords, and the State Museum, including lease rental pay ments to the Georgia Building Authority for the State Archives Building in the amount of $815,000.00 per an num.
1969-70 ._....-_,,_..--....__._.--,_--.-.----------$ 1,448,900.00 1970-71 ----_--_-------------------$ 1,448,900.00
Changed object:
Personal Services -._..._...-_.--...._...$ 508,900.00
B. Building and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemetery and for insurance on public property not otherwise provided for.
1969-70 .. .......^. ....... ..^...................... ..........J^ 461,049.00 1970-71 ___,,--____________...--_______.............. ...^ 461,049.00
Changed object:
Personal Services _.,,-..............-._-...$ 320,049.00
C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs ad ministered through such office.
1969-70 ._.._.._-,,_-_-............._..._..........................^
1970-71 __-_-----_----------____------_____$
851,921.00 851,921.00
WEDNESDAY, MARCH 26, 1969
1929
Changed object:
Personal Services _._____......_$ 545,121.00
D. Examining Boards.
1969-70 __.______.._.__.___-____---$ 884,800.00 1970-71 .._.__--__._.___._...._....._.__$ 884,800.00
Changed object:
Personal Services .._____.__...._$ 504,800.00
E. Executive Center. For operation of Executive Center.
1969-70 -____________..._.._______--.$ 1970-71 _._.._-.-_...__......_.._._-.._.--_----..$
Changed object: Personal Services ..__._..___.$ 31,800.00
69,300.00 69,300.00
F. Special Repairs, Capitol Building and Legisla tive Chambers, Rooms, Offices and Facilities.
1969-70 ___________..____________.....__.__________._$ 1970-71 _______-_______-__----___---$
50,000.00 50,000.00
Section 31. State Properties Control Commission. For the cost of operating State Properties Control Com mission.
1969-70 ________...__.-__---_-_____.....-_.__________......$
1970-71 _________________________---_:---$
50,000.00 50,000.00
Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.
1969-70 __________________________________.______.____.$ 1970-71 ______________________________.-._____________._____$
156,500.00 156,500.00
Section 33. Veterans Service.
A. For the cost of operating the Department of Veterans Service.
1969-70 ____.________________________________________________$ 1,172,053.00
1970-71 __....._......_____.________________-__$ 1,172,053.00
1930
JOURNAL OP THE SENATE,
Changed object: Personal Services .._--_._._.__$ 1,075,653.00
B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.
1969-70 --__---__..------------_.-----------...$ 1,088,314.00 1970-71 ..._.._.__-----_.___.----__,,---..$ 1,088,314.00
Changed objects:
Personal Services ...__.._..__._..$
Payments to Medical College of Georgia __.__...._..__.$
54,614.00 582,540.00
C. For the cost of pensions to Confederate Widows.
1969-70 -------..__..._.___..._,,-------.----$ 1970-71 ......._._.__.---_.._.--.---_--__-__-$
Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation.
1969-70 ____--_.__......_._--------------...$ 1970-71 -__._-----._--_---------__.__..._$
Changed object:
Personal Services ____..._....._..$ 626,845.00
55,570.00 55,570.00
707,345.00 707,345.00
AGRICULTURE AND CONSERVATION
Section 35. Agriculture, Department of.
A. For the operation of all activities of the Depart ment including the operating of Farmer's Markets.
1969-70 ....__--------...._..------.----..--,--------$ 7,553,575.00 1970-71 --______-----_--------___...$ 7,485,075.00
Changed objects:
Personal Services ___.._......_.._._$ 5,302,733.00
Operating Expenses _..___.__.._.$ 2,951,866.00
Capital Outlay 1969-70 ._......_.._.$ 68,500.00
Capital Outlay 1970-71 ._._._.._$
-0-
WEDNESDAY, MARCH 26, 1969
1931
Provided, that the amount of $33,500.00 in 1969-70 from Capital Outlay shall be used for the construction of a peanut seed processing plant.
B. Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Georgia Building Authority (Markets).
1969-70 __._......_.____.____________.,,____.___________....__..___$ 750,000.00 1970-71 .__..__...._..._.._.____._________.$ 750,000.00
Changed object:
Authority Lease Rentals ...___.__$ 750,000.00
C. Fire Ant Eradication.
1969-70 ___--__._.._.._.___._.______________.$ 1,500,000.00 1970-71 __.._...._._._________..___-____._____$ 1,500,000.00
New Object Class:
Fire Ant Eradication _.._____$ 1,500,000.00
Section 36. Conservation.
A. Forestry Commission.
1969-70 _________._._.___._____._______________$ 5,806,633.00 1970-71 ___--__._.__.__.________________$ 5,806,633.00
Changed objects:
Personal Services _.__._._-_$ 6,240,387.00
Capital Outlay ..___________.___$
-0-
B. Forest Research Council.
1969-70 ___.___._________________$ 401,834.00 1970-71 _._.._________._______.___.-.$ 401,834.00
Changed objects:
Personal Services ._._._.____.$ Operating Expenses _._____..$ Capital Outlay _____________________$
66,544.00 351,885.00
-0-
1932
JOURNAL OF THE SENATE,
C. Game and Pish Commission.
1969-70 ------..--------...-______.__._.__--.._.$ 3,474,013.00 1970-71 ...__._____._____________.._.__ $ 3,320,685.00
Changed objects:
Personal Services ,,____________$ 2,664,329.00
Operating Expenses --__----_$ 1,604,634.00
Capital Outlay 1969-70 ._..._..__$ 153,328.00
Capital Outlay 1970-71 .____.____$
-0-
D. Georgia Commission for the Development of Chattahoochee River Basin.
1969-70 ---_----.----___-- ..----_--------____--$ 1970-71 -_._..--__._--__--___----_..----_$
6,710.00 6,710.00
Changed object:
Operating Expenses _.____----$
3,110.00
E. Jekyll Island Committee.
1969-70 _._..._.______-_.___.__.___-_.$ 400,000.00 1970-71 ---__-_-__--._____-__--.__...$ 400,000.00
Changed object:
Operating Expenses _____________f 400,000.00
F. Mineral Leasing Commission.
1969-70 --------_----__.__--..--_----.-----.-----$ 1970-71 -__.-------__-__-----___,,.--..--_-.$
5,000.00 5,000.00
G. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.
(a) Regular Operation
1969-70 ------.-.--_--------__----.-...-_.__.--$ 386,403.00 1970-71 __________._____.___.__.___----$ 386,403.00
WEDNESDAY, MARCH 26, 1969
1933
Changed objects:
Personal Services .._.......__._-_..___$ 170,468.00 Operating Expenses -__...______$ 263,010.00
(b) South Georgia Minerals Exploration and Re search.
1969-70 __________________________.__.__.___...$ 228,500.00 1970-71 ________________._____.__.____$ 228,500.00
Changed object:
Operating Expenses _________$ 228,500.00
(c) Surface Mined Land Use Board.
1969-70 ........_.........._....._____.____..........._._..._...$ 1970-71 _______.__-_-___________.____$
Changed objects:
Personal Services ________._____$ Operating Expenses ____-___$
73,000.00 46,000.00
H. North Georgia Mountains Commission.
1969-70 ___________--________________$ 1970-71 _____._____-_-___.______--_--$
Changed object:
Operating Expenses _________$ 300,000.00
Provided that the total State salary of the Direc tor shall not exceed $24,000.00 per annum.
I. Ocean Science Center of the Atlantic.
1969-70 _________.._.__.._...______....______$ 1970-71 ____________________-__....._._.___.____$
Changed objects:
Personal Services _______________$ Operating Expenses ________$ Capital Outlay 1969-70 ______$ Capital Outlay 1970-71 __.______$
103,977.00 355,531.00 450,000.00
-0-
119,000.00 119,000.00
300,000.00 300,000.00
909,508.00 459,508.00
1934
JOURNAL OF THE SENATE,
Provided, no capital outlay funds shall be expended to purchase additional land.
J. Department of Parks.
(a) For general operation and development of State Parks.
1969-70 ._.__..___._.________.._.__._.._______,,________...$ 1,766,584.00 1970-71 --..__...__..___..__._____.______$ 1,560,364.00
Changed objects:
Personal Services _,,__.__._.._...$ 1,484,752.00
Operating Expenses ..._.__......_...$ 750,612.00
Capital Outlay 1969-70 ___________,,_$ 206,220.00
Capital Outlay 1970-71 ......_._..._..$
-0-
Provided, however, that of the above amounts, there shall be allocated for expenses of the State Council for the Preservation of Natural areas the amount of $30,000.00 in 1969-70 and the amount of $32,000.00 in 1970-71.
Provided that no land shall be purchased for State park purposes without the approval of the State Prop erties Acquisition Commission.
(b) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Jekyll Island-State Parks Au thority.
1969-70 ...__.__._.._._.___..___.__._..._,,..$ 1,146,000.00 1970-71 ___._.__._..._______-_._._._.._._$ 1,146,000.00
Changed object:
Authority Lease Rentals --__._.$ 1,146,000.00
(c) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Stone Mountain Memorial As sociation.
1969-70 _........___..___.__.____._._.._.._..._$ 1,000,000.00 1970-71 ..._..._.._.__.._.__._..______.___.__...._...$ 1,000,000.00
WEDNESDAY, MARCH 26, 1969
1935
(d) For Contract with Lake Lanier Island Develop ment Authority.
1969-70 .....__.._____.___.....__....___.....$ 208,194.00 1970-71 ...__......_______...__________.$ 208,194.00
Changed object:
Operating Expenses _.--______$ 208,194.00
K. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee.
1969-70 ....____.....___.__.___.____.__$ 409,548.00 1970-71 ...______________________---$ 409,548.00
Changed objects:
Personal Services ..__._____..$ 22,988.00 Operating Expenses .._-..__._$ 386,560.00
L. Stone Mountain Memorial Committee. For operat ing costs including costs of improvements by convict labor.
1969-70 ..._.___...........___._.___..............._._..$ 175,000.00 1970-71 --._--__________...__-__._-_-..$ 150,000.00
CORRECTIONS
Section 37. Corrections, State Board of.
A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1969-70 -__._.__._...._____.____..._..._...$ 12,206,583.00 1970-71 ._.....___._-..-..___._._..._._._._.....--..,,.__._$ 11,606,683.00
Changed objects:
Personal Services __._.._.._._..._..$ 7,448,600.00
Operating Expenses ..........__.._.$ 5,539,983.00
Capital Outlay--1969-70 .__..__..$ 600,000.00
Capital Outlay--1970-71 ......_._..$
-0-
1936
JOURNAL OF THE SENATE,
Provided that no funds appropriated in this Section or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for physi cians.
B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Penal).
1969-70 --___...._._.___-_.__....__.____._--$ 790,000.00 1970-71 -_____._._._..___....__.._-_-_..$ 790,000.00
Changed object: Authority Lease Rentals .........._..$
790,000.00
Section 38. Pardons and Paroles, State Board of.
1969-70 .__....--._.._..__._-__............................^, 1,025,500.00 1970-71 __._....__..__._.._.__.._._._._...._...__...$ 1,025,500.00
Changed objects:
Personal Services ,,_............_._..__-...$ Operating Expenses ........_._..._...$
834,100.00 191,400.00
Section 39. Probation, State Board of. For the cost of operating the statewide probation system, adminis tered by the State Board of Probation.
1969-70 _._._._..__.._._._-._......__.._.._...---__---$ 1,594,289.69
1970-71 __...__._....._..._------....__._.._._........$ 1,594,289.69
Changed objects:
Personal Services ..._.__._....._...$ 1,330,333.00 Operating Expenses .....___--_..$ 263,956.69
EDUCATION
Section 40. State Board of Education--Department of Education.
A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the
WEDNESDAY, MARCH 26, 1969
1937
Deaf and Academy for the Blind; for programs for ex ceptional children; for grants in aid to the public com mon schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operat ing costs of the Department; for educational grants, including the grants to teachers for scholarships, as pro vided by law; and for any other expense authorized by law, payable from the common school funds, including the cost of the Teachers' Retirement Employer contri
bution.
Provided that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall pay the pro rata part of the cost of any employer contribu tions to the Teachers' Retirement System applicable to such salary.
1969-70 -___.-..--.-.---...._.._-.-_--...__-___.__$358,813,335.00 1970-71 ----.____----._.--------_____._-_~----$358,247,035.00
Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by
the General Assembly.
Provided, however, that in those new program areas where Federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriations for any item or part thereof which can be financed with Federal funds in lieu of State funds under the terms of the Federal Act, ex cept for funds necessary to match such Federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for Federal funds or to authorize reduction of the State appropriation for pro grams for which commitments have already been made to local systems.
Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel.
Changed objects:
Personal Services ..____-__._$ 22,176,273.00
Operating Expenses ____...----_ 22,453,538.00
Teachers Salaries ...__.----.----... 210,144,694.00
1938
JOURNAL OP THE SENATE,
Other Certificated Professional Personnel Salaries _~~___._ 36,166,600.00
Maintenance, Operation and Sick Leave .._._.....____._ 34,124,741.00
Isolated Schools ..................__...... 42,047.00
Mid Term Adjustment ..._......__ 970,936.00
Salaries and Travel of Public Librarians ___.___......_.__ 1,626,055.00
Total Vocational Education Grants _.._._._..........__....__ 16,896,855.00
Alto Teachers Salaries ..._--_ 176,772.00
Superintendents Salaries ........_..___ 2,245,704.00
Teachers' Retirement Employer Contribution ..____._._____,,_.________ 18,048,752.00
Fellowships for Teachers of
Emotionally Disturbed Children
-0-
Extended School Program ......_...
-0-
Capital Outlay--1969-70 ................ 814,513.00
Capital Outlay--1970-71 ..-............_
-0
Provided that a new object class shall be added to the Budget Report to read as follows:
Grants for operation of vocational rehabilitation workshops--development of Nephrology Centers .___-_.__
150,000.00
Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation services to eligible persons who have renal diseases.
B. Capital Outlay--Authority Lease Rentals.
1969-70 ___________.......____.____________..._.....$ 26,301,000.00 1970-71 ...______________________...__..._.._.......$ 26,301,000.00
Changed object:
Capital Outlay Grants .._______$ 24,722,992.00
For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department
WEDNESDAY, MARCH 26, 1969 of Education to Georgia Education Authority (Schools) in accordance with Lease Rental Contracts.
Section 41. Educational Improvement Council.
1969-70 1970-71
Changed object:
Personal Services .._-_._..__._-$ 71,455.00
1939
110,655.00 110,655.00
Section 42. Higher Education Assistance Committee.
1969-70 ._._._.____._..________.___...__..__....? 1970-71 ..__..._._.__._._._....._..__._.___.....__..S
294,888.00 294,888.00
Changed objects:
Personal Services _ Operating Expenses
93,400.00 45,588.00
Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, includ ing the payment of medical scholarships as authorized by provision of the Georgia State Constitution.
1969-70 _____________.._..._._._.__._.__._.__.,,____.____$ 1970-71 _._._._.______________--_____.__....?
201,726.00 201,726.00
Changed object:
Personal Services
._$ 12,076.00
Section 44. State Board of Regents. A. The general cost of operation of the Board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law, $200,000.00; for the support of research and the cost of use and/or acquiring additions to plant and equipment for the Uni versity System; for the cost of Teachers' Retirement em ployer contributions. Provided that where personnel are paid in whole or in part from funds other than State ap propriations, the fund sources from which such salary is
1940
JOURNAL OF THE SENATE,
paid shall pay the pro rata part of the cost of any em ployer contribution to the Teachers' Retirement System applicable to such salary.
1969-70 .._____________.______..__..__..___.....__.__$132,773,926.00 1970-71 __________________-_..____.._._._._.___-__$132,023,926.00
Changed objects:
Personal Services ________________$133.234.363.00
Operating Expenses ____..______$ 35,321,000.00
Teachers Retirement Employer Contributions _____$ 8,630,661.00
Capital Outlay 1969-70 _______$ 11,400,000.00
Capital Outlay 1970-71 ___._____________$
-0-
Authority Lease Rentals _______$ 15,863,500.00
Provided that the above appropriations shall be in addition to the funds realized by the respective units in the fiscal year from the Federal government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above ap propriation, the amounts of $15,863,500.00 in 1969-70 and $15,863,500.00 in 1970-71 are designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Pro vided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and develop ment of the University System. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evi denced in writing.
No part of this appropriation, nor any funds realized by the State Board of Regents of the University System or any school or college, from the Federal government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or ex penditure for educational and general or plant purposes until made available by a written order of the Budget Bureau. Provided that funds from donations, gifts, earn ings, fees, and from any other source of income shall
WEDNESDAY, MARCH 26, 1969
1941
be available to support further lease rental agreements for dormitories and other school buildings, with the ap proval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00 per annum.
Provided, however, in the event the Board of Regents should increase the rates of student fees above the rates projected in the Budget, the Board of Regents may use the funds thus provided to make essential in-grade ad justments comparable to merit adjustments upon ap proval by the Budget Bureau. Where a transfer may be required between Regents appropriation and Talmadge Memorial Hospital appropriation, to accomplish the above, such transfer may be made upon approval by the Budget Bureau.
B. Eugene Talmadge Memorial Hospital -- State Board of Regents.
1969-70 .._______..-_--------._________________......$ 5,882,800.00 1970-71 _._._.____.__.__.____._.___$ 5,882,800.00
Changed object:
Personal Services ..__..._.._.._....$ 8,076,000.00
Section 45. State Scholarship Commission.
1969-70 .__________.______..._________.___._$ 844,706.00 1970-71 __________.______...___..___....__.? 844,706.00
Changed object:
Personal Services ____________.$ 58,366.00
Section 46. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.
1969-70 _____________________________________._._$ 347,000.00 1970-71 _________________.__--__________$ 347,000.00
HEALTH AND WELFARE
Section 47. Public Welfare, Department of Family and Children Services.
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JOURNAL OF THE SENATE,
A. For the cost of operations of the State Welfare Programs.
1969-70 .--....._._____.__._.__.__._.__.....__.....__.$ 3,335,050.00 1970-71 .___......____....______...____.....$ 3,335,050.00
B. Benefits--Adult Programs for matching Federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1969-70 .._,,__________.._..___.__..____.$ 15,511,836.00 1970-71 .___.________________.____.$ 15,511,836.00
C. Benefits--AFDC Program. For matching Federal funds to provide benefits to families with dependent chil dren.
1969-70 ..._.__.___.._..______..___.__.$ 11,716,743.00 1970-71 -_____.......________.__........___$ 11,716,743.00
D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.
1969-70 .....__..________..__.__...........___.$ 1,389,021.00 1970-71 ..............................______.___..._.__..._....$ 1,389,021.00
Provided, however, that in the event a surplus is an ticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Bene fit appropriations, the State Budget Bureau shall have authority to make such transfer, subject to approval by the Fiscal Affairs Subcommittees of the House and Sen ate.
E. Grants to Counties for administration and serv ices. For the cost of participating with the Federal gov ernment and counties in the administration of local wel fare programs.
1969-70 ....___-..-.-_________._______________$ 9,390,900.00
1970-71 ............____.____._.__..._..__..._.._._.._....$ 9,390,900.00
Changed objects:
Personal Services .........._._._..._.....$ 4,515,700.00
Operating Expenses ...___.__._.....$ 1,203,000.00
Benefits -__...._.______.____$145,142,500.00
Grants to Counties ...._______..$ 26,244,000.00
WEDNESDAY, MARCH 26, 1969
1943
F. Youth Institutions. For the cost of operation of the youth institutions under the administration of this department, and for grants to county-owned detention centers.
1969-70 1970-71
_$ 6,101,400.00 ..$ 5,736,400.00
Changed objects:
Personal Services _..__.._._.._._...$ 3,698,800.00
Capital Outlay 1969-70 _...._._._..$ 365,000.00
Capital Outlay 1970-71 _._._____$
-0-
Provided, however, the $540,000.00 allotted under this Section for grants to county-owned detention centers shall be distributed to the several counties for operating expenses of the said centers without restriction.
G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind.
1969-70 _____________.._-___-_______________________._.__$ 1970-71 ---__-_______________....._.._____._$
95,000.00 45,000.00
Changed objects:
Personal Services _________.._._$ Capital Outlay 1969-70 ______ __,,_,,__$ Capital Outlay 1970-71 ......__.___$
791,200.00 50,000.00
-0-
Section 48. Department of Public Health.
A. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Hospitals).
1969-70 __________________.______________________$ 4,110,000.00 1970-71 _____________________..__.._____________________$ 4,110,000.00
Changed object:
Authority Lease Rentals ______$ 4,110,000.00
1944
\ ... . ;
JOURNAL OF THE SENATE, B. Battey State Hospital. For the cost of operation.
1969-70 __-________________-____--$ 3,608,400.00 1970-71 --------------------._-----------$ 3,608,400.00 Changed object: Personal Services -__._____$ 4,016,400.00 C. Central State Hospital. For the cost of operation.
1969-70 -__________._____---_._--__$ 29,779,399.00 1970-71 ...-_--------_____.___________$ 29,479,399.00
Changed objects:
Personal Services ----._._.___..__$ 24,502,399.00
Capital Outlay 1969-70 _____.$ 300,000.00
Capital Outlay 1970-71 _...___.$
-0-
Provided that the amount of $300,000 capital outlay shall be used only for renovations to buildings housing patients.
D. Georgia Mental Health Institute. For the cost of operation.
1969-70 .----,,-__________________.....$ 4,762,364.00 1970-71 --___----_---_________--__$ 4,762,364.00
Changed objects:
Personal Services -------------$ 3,821,100.00 Operating Expenses -------_$ 1,275,000.00
E. Georgia Regional Hospital in Atlanta. For the cost of operation.
1969-70 __________.-.--___-----___________$ 3,772,160.00 1970-71 _______________-__.___---___$ 3,772,160.00
Changed object:
Personal Services _____________$ 2,820,000.00
WEDNESDAY, MARCH 26, 1969
1945
F. Georgia Regional Hospital in Augusta. For the cost of operation.
1969-70 -------.__.__.......__..__.---._.---_----._$ 2,706,000.00 1970-71 -_._.._....._._.........____---__----.$ 2,706,000.00
Changed object:
Personal Services __........__._...$ 2,015,000.00
G. Georgia Regional Hospitals at Columbus, Rome and Savannah. For the cost of development and opera tion.
1969-70 ---_--____._.__..__._.........---.----__---._.$ 500,000.00 1970-71 ____.__._____._____.___...--..$ 500,000.00
Changed objects:
Personal Services ...___.._.,,.._$ 300,000.00 Operating Expenses ..._-...........-.-.$ 200,000.00
Provided, that $100,000.00 of the above amount shall be allocated to complete the planning for the beginning of construction of the Columbus and Rome Medical Facili ties.
H. Georgia Retardation Center. For the cost of op eration.
1969-70 _.._.---._._.--....-.-.-------__-,--__.$ 3,818,405.00
1970-71 .-__--_._.---_...--------_--__$ 3,818,405.00
Changed objects:
Personal Services ..._............__.._..$ 2,890,000.00 Operating Expenses ...,,.._-.__--$ 963,300.00
I. Gracewood State School and Hospital. For the cost of operation.
1969-70 ._.--___-...__.---.._.-_----,--.--__--$ 8,262,463.00 1970-71 ._-.-------,,----__..-._______._---.____.$ 8,262,463.00
Changed object: Personal Services __-____.__.------$ 6,812,463,00
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JOURNAL OF THE SENATE,
J. Medical Assistance Program. For the cost of op eration.
1969-70 ----___-__.__----___------_._-_--$ 20,352,337.00 1970-71 __--__........_.___--_________._$ 20,352,337.00
Changed objects:
Personal Services ------____..._$ 477,592.00 Benefit Payments ------____-$ 68,543,000.00
K. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and ex pended in the same manner as other public health funds, and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.
1969-70 _._.__------__----_______-___----$ 1,000,000.00 1970-71 --------__----_._____._____________$ 1,000,000.00
Changed object:
Operating Expenses _____..________.$ 10,448,483.00
L. Regular Operations. For the cost of operation.
1969-70 ________----__----_....------_----------$ 14,618,896.00 1970-71 __________.._________._____.__$ 14,618,896.00
Changed objects:
Personal Services ________._____$ 9,950,670.00 Operating Expenses ________________$ 5,259,092.00 Grants to County Health Units __$ 6,843,399.00
Provided that of the above amount, at least $200,000.00 from Operating Expenses shall be used for Day Care Centers for the Mentally Retarded.
M. Southwestern State Hospital. For the cost of operation.
1969-70 _____._,,_._.____________,,_._,,__,,__$ 5,564,166.00 1970-71 ----------___.___.____________________$ 5,564,166.00
WEDNESDAY, MARCH 26, 1969
1947
Changed object:
Personal Services .._._.._._____....._....__.______.$ 4,209,166.00
N. Water Quality Control Division. For the cost of operation.
1969-70 ___________________.__._.._..._.____-_-.$ 380,948.00 1970-71 .._...____________._____.___._.$ 380,948.00
Changed object:
Personal Services _._._____..__..$ 391,748.00
Provided that for the purpose of receiving Federal matching funds under Titles XVIII and XIX of the So cial Security Act, each budget unit listed in this Section shall have authority to transfer funds to the Medical As sistance Program, such funds to be matched at the pre vailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in pay ment for services to eligible recipients; and shall have authority to use Title XVIII and Title XIX reimburse ments and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for 1969-71 for operating expenses and additional per sonnel as necessary to meet requirements for payment or reimbursement, subject to prior approval by the State Budget Bureau.
Section 49. State Nursing Home Board. For the cost of operation.
1969-70 _._.._.-_..-.._,,_,,_._.__,,_._.._._....____.$ 1970-71 ..._.---__----__--__----_-_......_..$
Changed objects: Personal Services --. Operating Expenses
-08,738.00
Notwithstanding any other provisions of law to the contrary the costs of the operations of said board shall be met out of the above appropriation, and the board shall not be authorized and shall not expend any other funds except as set forth herein.
8,738.00 8,738.00
HIGHWAYS
Section 50. Highway Department. Appropriation of all funds in this Section is to be in conformity with and
1948
JOURNAL OF THE SENATE,
pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately preceding fis cal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.
A. General Operations--For general administrative cost of operating the Highway Department, including equipment and compensation claims.
1969-70 ...._.._..._......._.........._________________________ ..__.$ 9,325,000.00 1970-71 _._...____........_____-_____-_._._$ 9,325,000.00
B. Capital Outlay--Authority Lease Rentals.
1969-70 _________________________________________________._______$ 19,900,000.00 1970-71 _----.-.- -_____....__-......._.._$ 19,900,000.00
For lease rental obligations of the Highway Depart ment to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence or hereafter entered into in con nection with new projects approved by the Highway Department.
Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifi cally appropriated for new authority lease rentals to per mit the issuance of bonds to finance new projects.
C. Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the Fed eral government, including all cost items incident there to. Funds appropriated for the fiscal year shall be avail able for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident there to (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the
WEDNESDAY, MARCH 26, 1969
1949
State Highway Department may add, delete, and sub stitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Bud get Bureau is hereby authorized and directed to give ad vanced budgetary authorization for the letting and exe cution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department.
Maintenance and Betterments.
1969-70 ------------------------------___--------------$ 43,436,344.00 1970-71 ____________________.____.____----$ 43,436,344.00
Planning and Construction.
1969-70 _____________________________________._$ 55,322,393.00 1970-71 __------------ -------------________._$ 55,322,393.00
Changed object:
Capital Outlay ____________________$127.200,853.00
D. Grants to counties. For grants to counties for aid in county road construction and maintenance.
1969-70 _________________________.__________$ 4,817,013.03
1970-71 ___________________-_._____________-_? 4,817,013.03
E. For grants to counties for aid in county road con struction and maintenance.
1969-70 ___________________.____-___________$ 4,500,000.00
1970-71 ------------------------------------$ 4,500,000.00
Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as provided by law.
The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department.
1950
JOURNAL OF THE SENATE,
Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.
OTHER
Section 51. Grants to Counties and Municipalities.
A. Grants to Municipalities. For grants to munici palities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
1969-70 __________________________________...._$ 9,317,000.00 1970-71 .....^.^^ ....................... ........^ 9,317,000.00
Provided, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds re ceived under this Section have been expended in accord ance 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 municipality in any future year.
B. Grants to counties.
1969-70 __________..______________.______.._$ 2,450,000.00 1970-71 -_____________________________-_____$ 2,450,000.00
Changed objects:
Operating Expenses:
Grants to Counties ____________$ 2,450,000.00
For grants to counties in accordance with the Act ap proved April 21, 1967 (Ga. Laws 1967, p. 888).
WEDNESDAY, MARCH 26, 1969
1951
C. Grants to municipalities.
1969-70 .._..__.._._..__.__.__..__...._.._.._.__.$ 3,450,000.00 1970-71 -_____.._,,---_-__.________.______._____________--$ 3,450,000.00
Changed objects:
Operating Expenses:
Grants to municipalities _.._._.__$ 3,450,000.00
For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).
PART IV.
MISCELLANEOUS
Section 52. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expendi ture of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.
1969-70 ._..._._.__..._-__________.__...,,_._________________.$ 2,000,000.09 1970-71 ___--_.___-_____.....__..___..._.__$ 2,000,000.00
Section 53. Wherever in this Act the term "Changed Objects" is used, it shall mean that the object classifica tions following such term shall be changed to the amounts following such object classifications from the amounts listed in the Budget Report therefor. Such changes shall be for both fiscal years.
Section 54. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrink age in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.
1952
JOURNAL OF THE SENATE,
Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or in stitution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease contracts now in existence or as provided for in this Ap propriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments re quired under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obli gations of the State incurred under valid lease contracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds.
Section 56. 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 recommendations contained in the Budget Report submitted to the General Assembly at the regular 1969 session, 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 condi tions 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 be yond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Rep resentatives in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all in stances revealed in his audit in which the object expendi tures of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases
WEDNESDAY, MARCH 26, 1969
1953
in which the aforesaid Budget Report contains no recom
mendation by the Governor of expenditures as to objects,
the Director of the Budget, except as to the legislative
and judicial branches of the government, is authorized to
allocate as to object such funds as he deems proper, but
he shall not approve any operating budget containing any
such allocation until such shall be submitted and ap
proved in the same manner and under the same conditions
provided hereinbefore for transfers.
;
Section 57. In the event it is determined by the Budg et Bureau that the total funds in the State Treasury in the fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).
The amount of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allot ments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.
TOTAL APPROPRIATION 1969-70 ....._.___._......$933,173,883.59 1970-71 _--_.-__^
Section 58. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Plunkett of the 30th moved that the report of the Conference Com mittee be adopted.
The bill involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Andrews
Broun of 46th Brown of 47th Carter
Chapman Coggin Cox
1954
Dean Doss Eldridge Fincher of 51st Fincher of 54th Gillis Hensley Hill Holley Holloway
JOURNAL OP THE SENATE,
Kennedy London McGill Noble Padgett Plunkett Reynolds Riley Rowan Scott
Searcey Smith of 18th Spinks Trippe Vann Walling Webb Young Zipperer
Those voting in the negative were Senators:
Adams of 26th Bateman Eldridge Garrard Hardy Hudgins Jackson
Johnson Kidd Maclntyre Miller Pennington Reeder Smalley
Smith of 34th Starr Stephens Tysinger Ward
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the Conference Commmittee report, the ayes were 37, nays 19, and the report of the Conference Committee was adopted.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
Senator Smalley of the 28th moved that the Senate insist on its amendment to HB 719.
On the motion, the ayes were 41, nays 0, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering House action thereto:
WEDNESDAY, MARCH 26, 1969
1955
SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A bill to amend Code Title 56 known as the "Georgia Insurance Code", to make certain changes in regard to hospital care; to repeal conflicting laws; and for other purposes.
Senator Adams of the 26th moved that the Senate adhere to its disagree ment to the House amendments, and that a Conference Committee be appointed.
On the motion, the ayes were 47, nays 0.
The motion prevailed, and the president appointed as a Conference Commit tee on the part of the Senate the following:
Senators Adams of the 26th, Holley of the 22nd and Holloway of the 12th.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 90. By Senators Cox of the 21st and Walling of the 42nd: A bill to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for inclusion in the System; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The House Committee on Game and Fish offered the following substitute:
A BILL
To be entitled an Act to provide for a Georgia Scenic Rivers Sys tem; to designate rivers or sections of rivers to be studied for inclusion in the System; to prescribe the powers and duties of the State Council for the Preservation of Natural Areas in connection with such studies and the acquisition of interests in land; to provide for cooperative studies with other governmental agencies; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. This Act shall be known and may be cited as the "Georgia Scenic Rivers Act of 1969".
1956
JOURNAL OP THE SENATE,
Section 2. Unless clearly indicated otherwise by the context, the following terms shall have the meanings ascribed to them:
(a) "Scenic River" means certain rivers or sections of rivers of the State of Georgia which have valuable scenic, recreational or natural characteristics which should be preserved for the benefit and enjoy ment of present and future generations.
(b) "Council" shall mean the State Council for the Preservation of Natural Areas established by an Act approved March 10, 1966 (Ga. Laws 1966, p. 330) as now or hereafter amended.
(c) "River" means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches or small lakes.
(d) "Free-flowing", as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway.
(e) "Scenic Easement" means an interest in land which limits the use of land along the shoreline of a Scenic River for the purpose of protecting the scenic, recreational or natural characteristics of the area.
Section 3. The Georgia Scenic River System shall comprise each river or section of a river hereafter designated a Scenic River by Act of the General Assembly.
Section 4. (a) The Council shall study and from time to time recommend to the Governor and General Assembly rivers or sections of rivers to be considered for designation as Scenic Rivers. Each recom mendation shall be accompanied by a report showing the proposed area, classification, the characteristics which qualify the river or section of river for designation as a Scenic River, ownership and use of land in the area, the State Agency by which the area should be administered, the estimated costs of acquiring fee title and scenic easements and of administering the area as a Scenic River. The Council may conduct such studies in cooperation with appropriate agencies of the State of Georgia and the United States, and may apply for and receive funds therefor from the Land and Water Conservation Fund and other federal sources, provided, however, such studies and/or projects must first be approved by the person or persons appointed by the Governor for liaison purposes with certain federal agencies under the terms of Public Law 90-542 (82STAT.906), approved October 2, 1968, said law having been designated the "Wild and Scenic Rivers Act".
(b) The Council shall proceed to make a study of each of the fol lowing rivers and make a report of its findings and recommendations to the Governor and the General Assembly:
(1) Suwanee River. From its source in the Okefenokee Swamp to point where it flows out of the State of Georgia.
WEDNESDAY, MARCH 26, 1969
1957
(2) Chattooga River. The section of the river within the State of Georgia.
(c) Each Scenic River together with the land lying within its au thorized boundary, as established by the General Assembly, shall be classified as one of the following:
(1) Natural River Areas. Free-flowing rivers or sections of rivers generally inaccessible except by trail, with shorelines un developed and unused.
(2) Pastoral River Areas. Free-flowing rivers or sections of rivers accessible by roads, with shorelines mostly undeveloped and unused.
(3) Recreational River Areas. Free-flowing rivers or sections of rivers accessible by roads, with limited development along the shorelines.
Section 5. After designation of any river or section of a river as a Scenic River by the General Assembly pursuant to Section 3 hereof:
(a) No dam, reservoir or other structure impeding the natural flow of the waterway shall be constructed, operated or maintained in such river or section of river so designated as a Scenic River, unless spe cifically authorized by an Act of the General Assembly.
(b) The Council may acquire by purchase, gift, grant, bequest, de vise, lease or otherwise fee title or any lesser interest in the land lying within the authorized boundary of such river or section of river here after so designated as a Scenic River. Any interest in land acquired by the Council pursuant to this Section shall be transferred to such gov ernmental agency as the General Assembly may by Act direct.
Section 6. If any part of this Act shall be declared unconstitution al by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining parts, Sections or portions of the Act, it being the legislative intent to enact each part and each Section hereof separately.
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Cox of the 21st moved that the Senate agree to the House substitute for SB 90.
On the motion, the ayes were 47, nays 0.
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The motion prevailed, and the House substitute 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 in amending the following bill of the Senate, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate, to-wit:
SB 41. By Senators Adams of the 26th, Kidd of the 25th, and Rowan of the 8th:
A bill to amend Code Title 56 known as the "Georgia Insurance Code" approved Mar. 8, 1960, as amended; to make certain changes in regards to hospital care; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Harris of the 77th, McClatchey of the 113th, and Dodson of the 82nd.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 38. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, approved Sept. 6, 1891," as amended, so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.
The Fulton County Delegation offered the following amendment:
Amend SB 38 by striking subsection (C) of Section 1 in its entirety and inserting in lieu thereof a new subsection (C) to read as follows:
"(C) The increased compensation provided by this Act shall not operate to increase the amount of pension payable upon retire ment to the officers whose compensation is thus increased. Before the increased compensation shall be due and payable, such officers shall execute a written waiver to be prepared by the county at-
WEDNESDAY, MARCH 26, 1969
1959
torney in which such officer shall agree that the increased com pensation provided herein shall not operate to increase the amount of the pension payable to such officers upon retirement."
Senator Johnson of the 38th moved that the Senate agree to the House amendment to SB 38.
On the motion, the ayes were 38, 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 Conference Committee thereto:
HB 436. By Mr. Vaughn of the 74th: A bill to amend an Act known as the "Georgia Highway Authority Act", which is entitled an Act to merge the Georgia Rural Roads Au thority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
The report of the Conference Committee was as follows:
The Conference Committee on HB 436 recommends the following:
That the Senate recede from its position and that the following amendments to said bill be adopted:
(1) By inserting in the title of said bill before the clause "and for other purposes" the following:
"to provide for the selection by the State Highway Board of urban road projects;".
(2) By inserting at the end of Section 3 a new subsection (o) to read as follows:
"(o) Urban County--Any county with a population of more than 100,000, according to the most recent Federal decennial cen sus, in which there is situated an urban municipality."
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(3) By inserting after Section 7 of said bill a new Section, to be numbered 8, and the Sections of the bill presently numbered 8, 9 and
10 to be renumbered Sections 9, 10 and 11, so that said new Section 8 of HB 436 will read as follows:
"Section 8. Said Act is further amended by adding at the end of Section 7 of said Act a new subsection to be designated subsec tion (e) to provide for the selection of urban road projects, so that said new subsection designated subsection (e) shall be and read as follows:
'(e) In selecting projects pursuant to the provisions of this Section 7, the State Highway Board shall locate projects according to a formula which will allocate to each urban incorporated munici pality or urban county, as the case may be, a project or projects estimated to cost an amount equal to the percentage of $100 mil lion which 110% of the population of such urban incorporated municipality or which 100% of the population of such urban coun ty, as the case may be, bears to the sum of the 110% of the total population of all urban incorporated municipalities (except those in urban counties) plus the total population of all urban counties. Population used herein shall mean the population figures according to the latest federal decennial census.
If any urban incorporated municipality or urban county fails to qualify for one or more of its projects, the State Highway Board shall have full authority to substitute other projects, but such sub stituted project shall count in the formula allocation and the urban incorporated municipality or urban county which failed to qualify shall have a cumulative credit for the amount of such forfeited project.'"
Respectfully submitted,
SENATE
/s/ Robert H. Smalley, Jr. Robert H. Smalley, Jr. Senator, 28th District
/s/ Sam P. Hensley Sam P. Hensley Senator, 33rd District
/s/ Robert H. Walling Robert H. Walling Senator, 42nd District
HOUSE OF REPRESENTATIVES
/a/ Clarence R. Vaughn, Jr. Clarence R. Vaughn, Jr. Representative, 74th District
/s/ Hugh Lee McDaniell Hugh Lee McDaniell Representative, 117th District
/s/ Elliott H. Levitas Elliott H. Levitas Representative, 77th District
Senator Hensley of the 33rd moved that the Senate adopt the report of the Conference Committee to HB 436.
On the motion, the ayes were 41, nays 0.
WEDNESDAY, MARCH 26, 1969
1961
The motion prevailed, and the report of the Conference Committee was adopted.
The following bill of the Senate was taken up for the purpose of consider ing a House amendment thereto:
SB 143. By Senator Padgett of the 23rd:
A bill to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000 according to the U. S. decennial census of 1960 or any future census, the district attorney of the Judicial Circuit shall receive additional compensation; and for other purposes.
The House Committee on Local Affairs offered the following amendment:
Amend SB 143 by striking from Section 1 the figure "6,000.00" and inserting in lieu thereof the figure "4,000.00".
Senator Padgett of the 23rd moved that the Senate agree to the House amendment to SB 143.
On the adoption of the amendment, the ayes were 38, nays 0, and the House amendment was agreed to.
The following report of a standing committee was read by the secretary:
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban 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 818. Do pass.
Respectfully submitted, Maclntyre of 40th District, Chairman.
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The following local uncontested bills, favorably reported by the committee, were read the third time and put upon their passage:
HB 435. By Messrs. Evans, Keen, Pinkston of the 81st and others:
A bill to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect within the limits of said City any tax which is not expressly prohibited by the Constitution or General Laws of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st: A bill to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and for other purposes.
Senator Ward of the 39th offered the following amendment:
Amend HB 548 by striking from Section 1 in the first sentence in the tenth line the words "State tax returns including any state income tax return or any" and from the eleventh line the word "said" and inserting therefor the word "State".
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
WEDNESDAY, MARCH 26, 1969
1963
The bill, having received the requisite constitutional majority, was passed as amended.
HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend Code Section 92-3216, relating to the secrecy and confidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities, to furnish information from State income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.
Senator Ward of the 39th offered the following amendment:
Amend HB 549 by striking from Section 1 in the first sentence on the eighth line the words "any income tax returns or" and from the ninth line the word "said" and inserting therefor the word "income".
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 630. By Messrs. Cook, Horton, Felton of the 95th and others: A bill to amend an Act establishing a new Charter for the City of Atlanta, so as to provide by ordinance for the establishment of reason able fees chargeable to the general public, or any reasonable class therefor, for admission to the zoo; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
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The bill, having received the requisite Constitutional majority, was passed.
HB 843. By Mr. Jordan of the 55th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax com missioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.
The Committee on County and Urban Affairs offered the following sub stitute:
A BILL
To be entitled an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Coffee County and placing said officers on an annual salary, approved February 26, 1965 (Ga. Laws 1965, p. 2087), so as to change the maximum amount of compensation for the sheriff's depu ties; to change the minimum amount of compensation for the ordinary; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax com missioner of Coffee County and placing said officers on an annual salary, approved February 26, 1965 (Ga. Laws 1965, p. 2087), is hereby amended by striking from Section 3, the following:
"four thousand eight hundred ($4,800.00) dollars",
and inserting in lieu thereof the following:
"six thousand ($6,000.00) dollars",
so that when so amended, Section 3 shall read as follows:
"Section 3. The sheriff shall receive an annual salary of not less than ten thousand ($10,00.00) dollars nor more than fifteen thousand ($15,000.00) dollars, payable in equal monthly installments from the funds of Coffee County, the same to be fixed by the governing authority of Coffee County. He shall be authorized to employ two deputies at an annual salary of not less than three thousand ($3,000.00) dollars nor more than six thousand ($6,000.00) dollars. He shall be authorized to employ a clerk at a salary of not more than two hundred ($200.00) dollars per month. The sal ary of the deputies and the clerk shall be fixed in accordance with
WEDNESDAY, MARCH 26, 1969
1965
section 8. He shall also be furnished with two automobiles in ac cordance with section 9. He shall also receive the sum of $1.75 per day for each county prisoner who has been furnished food. The funds for payment of the food for the prisoners as herein provided shall be payable from the funds of Coffee County. He shall also receive living quarters to be used by one of the above mentioned deputies who shall act as jailer but shall receive no extra compen sation, but in lieu thereof, the living quarters shall be furnished without cost to said deputy."
Section 2. Said Act is further amended by striking from Section 4, the following:
"seven thousand ($7,000.00) dollars",
and inserting in lieu thereof the following:
"seven thousand five hundred ($7,500.00) dollars",
so that when so amended, Section 4 shall read as follows:
"Section 4. The ordinary shall receive an annual salary of not less than seven thousand five hundred ($7,500.00) dollars nor more than ten thousand ($10,000.00) dollars, payable in equal month ly installments from the funds of Coffee County, the same to be fixed by the governing authority of Coffee County. He shall be authorized to hire one clerk at a salary of not less than two hundred ($200.00) dollars nor more than three hundred ($300.00) dollars per month, in accordance with section 8."
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 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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HB 886. By Messrs. Miles of the 78th and Dent of the 79th:
A bill to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta as so authorized; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 886 by adding the word "and" between the word "ward", and the figure "6" as the same appears in Section 3 thereof.
By adding the following words "to fix the values of all property located within the City and the County" between the word "Board" and the word "for" as the same appears in Section 6 thereof; and to add the word "and" between the words "purposes" and "to prepare" where they appear in said Section.
By striking in its entirety Section 7 and substituting in lieu there of the following:
"Section 7. A person known as the Chief Tax Appraiser shall be appointed by the Board with concurrence by the Council and the Commissioners. In the event the Council or the Commissioners do not concur with the Board in their appointment of the Chief Tax Appraiser, then, and in such event, upon petition of either the Council, Commissioners, or Board, the judges of the Superior Court of Richmond County shall by majority vote appoint a temporary Chief Tax Appraiser to serve until the next grand jury shall con vene; at which time Council shall submit in writing to said grand jury the name of its appointee for Chief Tax Appraiser; the Com missioners shall submit in writing to said grand jury the name of their appointee for Chief Tax Appraiser, and the Board shall sub mit in writing to said grand jury the name of the appointee for Chief Tax Appraiser, and the superior court judge then instructing said grand jury shall instruct them that it is their first duty to elect by majority vote one of said nominees. A quorum of grand jurors for the purpose of conducting said election shall be 20. Thereafter, the grand jury shall present the results of said election in writing, signed by the foreman, to the superior court judge then presiding and said judge shall have same published in open court with the same formality as a jury verdict in civil cases. Said Chief Tax Appraiser appointed shall immediately take office; but should said Chief Tax Appraiser thus appointed refuse to assume his duties, the procedure in appointing another Chief Tax Appraiser shall be the same as hereinabove outlined."
By striking in its entirety the first sentence of Section 9 and sub stituting in lieu thereof the following:
"Section 9. Any additional employees required for the effec tive operation of said Board shall be selected by the Board, or their services contracted for by the Board, with the concurrence of the Council and the Commissioners."
WEDNESDAY, MARCH 26, 1969
1967
By striking in its entirety subparagraph (b) of Section 10 and substituting in lieu thereof the following:
"(b) The Board shall submit annually to the Council and the Commissioners an itemized statement of all moneys expended in the operation of the Board."
On the adoption of the amendment, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd: A bill to create the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other matters connected with the fore going; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ments:
Amend HB 699 by striking from subsection (c) of Section 2 the following sentence:
"A majority of the quorum is empowered to exercise all the rights and perform all the duties of the Authority, and no vacancy on the Authority shall impair the right of the quorum to act.",
and substituting in lieu thereof the following:
"It shall require the concurrence of at least three members of the Authority to exercise any of the rights of and to perform any of the duties of the Authority. No vacancy on the Authority shall impair the right of the quorum to act."
By adding between Sections 4 and 6 a new Section to be numbered Section 4A and to read as follows:
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"Section 4A. No alcoholic beverages may be sold upon the premises of the Authority unless the sale of such beverages within the confines of DeKalb County has been authorized pursuant to the applicable provisions of law."
By renumbering Sections 29 through 32 as Sections 30 through 33.
And, by inserting following Section 28 a new Section 29 to read as follows:
"Section 29. The governing authority of DeKalb County is authorized to appropriate to the Authority the proceeds derived from any excise tax collected by DeKalb County upon charges for admissions to events occurring upon the premises owned by the Authority."
By striking from subsection (b) of Section 2 the following names:
"Mr. James Roswell Smith Mr. Irving Rodney Wood Mr. Samuel H. Buttill"
and inserting in lieu thereof the following names:
"Mr. Alfred J. Ciraldo Mr. Dan E. McConaughey Mr. Samuel L. Buttrill".
On the adoption of the amendments, the ayes were 47, 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 818. By Mr. Jordan of the 55th:
A bill to amend an Act establishing the City Court of Douglas, so as to change the name of said court; and for other purposes.
WEDNESDAY, MARCH 26, 1969
1969
The report 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 Senate was taken up for the purpose of consider ing House action thereto:
SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of ac countants, so as to provide that the members thereof may succeed them selves; to repeal conflicting laws; and for other purposes.
Senator Holley of the 22nd moved that the Senate adhere to its disagree ment to the House amendments, and that a Conference Committee be appointed.
On the motion, the ayes were 36, nays 0.
The motion prevailed, and the president appointed as a Conference Com mittee on the part of the Senate the following:
Senators Holley of the 2nd, Rowan of the 8th and Starr of the 44th.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 1010. By Messrs. Gunter and Moore of the 6th: A bill to amend an Act creating the North Georgia Mountains Authority, so as to further define the term "project", as used in said Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Crimi nal Code, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.
The Senate Judiciary Committee offered the following amendment:
Amend HB 722 as follows:
1. By renumbering Section 19 as Section 22 2. By renumbering Section 20 as Section 23 3. By striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. Said Act is further amended by inserting a comma (,) in Subsection (a) of Section 26-1806 after the phrase 'the property is received' and after the phrase 'disposed of "
4. By adding a new Section to be designated Section 19 and to read as follows:
"Section 19. Said Act is further amended by inserting the word 'an' in Subsection (b) of Section 26-1808 after the phrase 'to pay on' and before the word 'account' "
5. By adding a new section to be designated Section 20 and to read as follows:
"Section 20. Said Act is further amended by striking the period (.) at the end of Subsection (c) of Section 26-503 and in serting in lieu thereof a semi-colon (;) and by adding the word 'or' at the end of said subsection."
6. By adding a new Section to be designated Section 21 and to read as follows:
"Section 21. Said Act is further amended by striking the word 'enact' in Section 26-2602 and substituting in lieu thereof the phrase 'an act'"
7. By inserting in Section 8 in the proposed Section 26-1813 after the phrase "a motor vehicle part" and before the phrase "with a value" the phrase "or component"
8. By striking in Section 15 of said bill in the proposed Section 26-2914 the parentheses and letter "(a)"
WEDNESDAY, MARCH 26, 1969
1971'
9. By striking in Section 16 of said bill in the proposed Section; 26-3202 the letters "occurred" and substituting in lieu thereof the word "occurred"
10. By amending Section 14 of said bill by striking in the proposed Subsection (a) of Section 26-2713 the phrase "solicits another person to commit" and substitute in lieu thereof the word "commits"
11. By amending Section 19 by adding a new subsection to bedesignated subsection (h) and to read as follows:
"(h) An Act relating to fraudulent conversion of leased prop erty approved April 8, 1968 (Ga. Laws 1968, p. 998)
On the adoption of the amendment, the ayes were 22, nays 0, and the com mittee amendment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend HB 722 as amended by an amendment offered by the SenateJudiciary Committee (and previously adopted by the Senate) as follows:
1. By striking in the caption of said bill the following:
"to provide that a person who solicits another person to com mit certain acts relating to gambling activities with the intent to defraud or deceive said person, on or adjacent to the premises of any business operated for pecuniary gain, commits a crime and to prescribe the punishment for such crime;"
"to provide for a crime for the possession of a firearm dur ing the commission of or attempt to commit certain other crimes. and to prescribe the punishment for such crime;"
"to provide that any person who makes certain obscene or harrassing telephone calls commits a crime and to prescribe the pun ishment for such crime;"
"to provide that any person who distributes certain literature and refuses to sell to any dealer for his subsequent sale at retail any book, magazine, periodical or newspaper, solely because such dealer refused to purchase from such person other literature not originally requested by such dealer commits a crime and to pre scribe the punishment for such crime;"
"to provide that a person who intentionally smells or inhales the fumes from model glue for the purpose of causing certain ef fects to the senses, or sells or transfers poossession of model glue to any person under eighteen (18) years of age unless he has written consent from his parent or legal guardian, or intentionally
1972
JOURNAL OP THE SENATE,
possesses, buys, sells, transfers possession or receives possession of model glue in aiding other persons to violate the provisions of
this Act on model glue commits a crime and to prescribe the pun ishment for such crime; to provide certain exemptions from the above such crime;"
2. By striking Section 14 of said bill in its entirety.
3. By striking Section 15 of said bill in its entirety.
4. By striking Section 18 of said bill in its entirety.
5. By striking in Section 19 of said bill Subsection (b), Subsection (c), Subsection (d), Subsection (e), and Subsection (g), and by redesignating Subsection (f) as Subsection (b) and further redesignating Subsection (h) as Subsection (c).
6. By renumbering Section 16 as Section 14. 7. By renumbering Section 17 as Section 15. 8. By renumbering Section 19 as Section 16. 9. By renumbering Section 20 as Section 17. 10. By renumbering Section 21 as Section 18. 11. By renumbering Section 22 as Section 19. 12. By renumbering Section 23 as Section 20.
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 as amended.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the report of a Conference Committee thereto:
SB 104. By Senator Eldridge of the 7th: A bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.
WEDNESDAY, MARCH 26, 1969
1973
The report of the Conference Committee was as follows:
The Conference Committee on SB 104 recommends the following:
(1) That the House recede from its position in insisting on the House Motor Vehicles Committee Substitute to SB 104.
(2) That the Senate and House agree to an amendment to SB 104 as originally introduced as follows:
By adding after the words "Motor Vehicle" wherever the same shall appear the words "Material, equipment, and supplies".
Respectfully submitted,
FOR THE SENATE:
/&/ Billy Shaw Abney Honorable Billy Shaw Abney Senator, District 53
/s/ Robert E. Andrews Honorable Robert Andrews Senator, District 49
/s/ Frank Eldridge Honorable Frank Eldridge, Jr. Senator, District 7
FOR THE HOUSE:
/s/ David C. Peterson Honorable David C. Peterson Representative, District 41
/s/ John H. Anderson Honorable John Henry Anderson Representative, District 49
/s/ George B. Brooks Honorable George B. Brooks Representative, District 17
Senator Eldridge of the 7th moved that the Senate adopt the report of the Conference Committee to SB 104.
On the motion, the ayes were 39, nays 1.
The motion prevailed, and the Conference Committee report was adopted.
The following bill of the Senate was taken up for the purpose of considering House amendment thereto:
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JOURNAL OF THE SENATE,
,SB 259. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved Aug. 10, 1920 (Ga. L. 1920, p. 519), as amended, so as to create a Board of Commissioners of Fannin County to consist of a Chairman and two other members; to repeal conflicting laws; and for other purposes.
The House Committee on Local Affairs offered the following amendment:
Amend SB 259 by striking from subsection (a) of quoted Section 6 of Section 1 the figure "$8,600.00" and inserting in lieu thereof the figure, "$9,600.00".
Senator London of the 50th moved that the Senate agree to the House ^amendment to SB 259.
On the motion, the ayes were 38, 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 in amending the following bill of the Senate, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate, to-wit:
SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of account ants, as amended, so as to provide that the members thereof may succeed themselves; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House the following meniiers thereof:
Messrs. Jones of the 84th, Pinkston of the 81st, and Gaynor of the 88th.
WEDNESDAY, MARCH 26, 1969
1975
The House has agreed to the Senate amendment as amended by the House, to the following bill of the House, to-wit:
HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following resolution of the Senate, to-wit:
SR 84. By Senator Kidd of the 25th:
A resolution urging the Georgia Real Estate Investment Board to recommend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 436. By Mr. Vaughn of the 74th:
A bill to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to autho rize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
The following bill of the House was taken up for the purpose of consideringthe report of a Conference Committee thereto:
HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Adams of the 100th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as; to prohibit municipalities from conducting non-partisan primaries; todelete therefrom all references to non-partisan primaries; to providethe procedure connected with the foregoing; to repeal conflicting laws;; and for other purposes.
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The Conference Committee on HB 381 recommends the following:
That the House recede from its position, and that the Senate substitute to said bill be adopted with the following amendment:
By striking from the title the following:
"to provide that unless a candidate is the duly nominated nominee of a political party, his name shall be listed on the ballot under the Independent column;",
and substituting in lieu thereof the following:
"to provide how the names of certain candidates of political parties shall be listed on the ballot;".
Respectfully submitted,
FOR THE SENATE:
/s/ Ed Garrard /s/ Robert H. Walling /s/ Leroy R. Johnson
FOR THE HOUSE: /s/ G. D. Adams /s/ Sidney J. Marcus /s/ Rodney Cook
Senator Johnson of the 38th moved that the Senate adopt the report of the Conference Committee to HB 381.
On the motion, the ayes were 41, nays 0.
The motion prevailed, and the report of the Conference Committee was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
WEDNESDAY, MARCH 26, 1969
1977
HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, Paris of the 14th and Caldwell of the 39th:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the Senate, to-wit:
SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.
The House insists on its position in amending the following bill of the Senate, to-wit:
SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A bill to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, as amended, so as to remove the limitation on the number of motor vehicles which may be purchased; to repeal conflicting laws; and for other purposes.
The House has disagreed to the Senate amendments to the following bills of the House, to-wit:
HB 208. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an an nual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 209. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector and the tax receiver of Appling County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriff; and for other purposes.
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JOURNAL OF THE SENATE,
HB 936. By Mr. Conner of the 56th:
A bill to amend an Act placing the sheriff, clerk of the Superior Court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax receiver; and for other purposes.
HB 937. By Mr. Conner of the 56th: A bill to fix the compensation of the members of the Board of Edu cation of Appling County; and for other purposes.
HB 938. By Mr. Conner of the 56th: A bill to amend an Act placing the sheriff, clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the tax collector and his. secretary; and for other purposes.
The House has disagreed to the Senate amendment to the following reso lution of the House, to-wit:
HR 194. By Messrs. McDaniell of the 117th, Nessmith of the 44th and Burruss of the 117th:
A resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HR 352. By Messrs. Gary and Lee of the 21st:
A resolution authorizing the conveyance of certain real property lo cated in Clayton County, Georgia, to the City of Atlanta; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government, offered the following amendment:
Amend HR 352 by inserting in the paragraph immediately pre ceding the last sentence of said resolution between the words: "Atlanta. Airport Passenger Terminal" and the words: "to also serve", the fol lowing: "via Virginia Avenue",
WEDNESDAY, MARCH 26, 1969
1979
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 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 186. By Mr. Murphy of the 19th:
A bill to amend an Act establishing the "Employees' Retirement Sys tem of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney of any Judicial Circuit, who at the time of his appointment or election is a member of the "Employees' Retirement System of Georgia", shall as a matter of right be entitled to continue his membership; and for other purposes.
The report 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 7.
The bill, having received the requisite constitutional majority, was passed.
HB 781. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A bill to create the Lake Lanier Islands Development Commission as a commission and agency of the State Government; and for other pur poses.
The report of the committee, which was favorable to the passage of the Irill, was agreed to.
On the passage of the bill, the ayes were 38, nays 5.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A bill to amend an Act known as the "Lake Lanier Islands Develop ment Authority", so as to define the words "project" and "cost of project"; and for other purposes.
The Committee on Business, Trade and Commerce offered the following amendment:
Amend HB 782 by adding at the end of Section 16 the followingsentence:
"The exemption herein provided shall not include any exemp tion from sales and use tax on property purchased by the Au thority or for use by the Authority."
On the adoption of the amendment, the ayes were 26, nays 4, 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 5.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 852. By Messrs. Rowland of the 42nd and Paris of the 14th:
A bill to amend Code Section 114-706, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, so as to provide for the taking of testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or to procure evidence for admission at a hearing even though such person may be available to testify in. person at the hearing; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, MARCH 26, 1969
1981
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and adopted:
SR 180. By Senator Smith of the 18th:
A resolution amending HR 405 to change the time for adjourning from 2:00 P.M. to 3:00 P.M. on March 26, 1969; 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 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones and Buck of the 84th, Egan of the 116th, Snow of the 1st and Levitas of the 77th:
A bill to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.
The House amendment to the Senate amendment was as follows:
Messrs. Harris of the 77th, Levitas of the 77th and Egan of the 116th move to amend the Senate amendments to House Bill No. 593 in the following manner:
A. By amending the Senate Judiciary Committee amendment by striking everything following the words "Senate Judiciary Committee Amendment to House Bill 593" and substituting in lieu thereof the following:
"1. By striking in caption of said bill the following:
'to further define the term "earned surplus";'.
2. By striking in said caption the following:
'To provide for execution of deeds after dissolution of a corporation',
and substituting in lieu thereof the following:
'To provide for execution of deeds or other transfer in struments after dissolution of a corporation;'.
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3. By striking in said caption the following:
'to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of such number of the voting shares as may be re quired under the articles of incorporation or the by-laws for the election of directors;',
and substituting in lieu thereof the following:
'to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or such greater number of the voting shares as may be required under the articles of incorporation or the bylaws for the election of directors;'.
4. By adding in said caption the following:
'to provide for application to undomesticated foreign cor porations heretofore authorized to transact business in this. State;'.
5. By adding in said caption the following:
'to preserve certain executive committees validly created under prior general corporation law; to provide for a fee of $50 for filing a petition to amend a petition; to provide for publication in a newspaper in addition to the official organ; to provide for notice to corporation officers by registered agent who resigns; to eliminate Code Section 22-405; to provide that certain series of shares may have voting rights fixed by the articles of incorporation or by resolution of board of directors or shareholders; to provide for notice to shareholders in cer tain mergers of subsidiaries; to provide for special proceed ings for dissenting shareholders; to provide for procurement of certificates of authority to transact business by foreign corporations; to eliminate Code Section 22-2405; to provide for forfeiture of the charter of corporations chartered by the Secretary of State; to explain intention as to venue;'.
6. By striking Section 1 in its entirety and substituting in lieu thereof the following:
'Section 1. An Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22 containing the "Georgia Business Corporation Code", the "Georgia Nonprofit Corporation Code", provisions relating to corporations chartered by the Secretary of State, miscellaneous provisions of corporation law, and pro visions relating to crimes of a corporation, corporate officers or any person, approved April 3, 1968 (Ga. Laws 1968, p.
WEDNESDAY, MARCH 26, 1969
1983
565), is hereby amended by adding at the end of Section 22-2606 a new subparagraph to be designated subparagraph (e) and to read as follows:
"(e) Nothing in this Section shall be construed to invali date any executive committee validly created under the prior general corporation law and existing on the effective date of this Code."'
7. By striking in Section 3 the phrase 'Section 23-103' and substituting in lieu thereof the phrase 'Section 22-103'.
8. By inserting in Section 5 after the phrase '(e) Deeds' and before the phrase 'requiring execution' the phrase 'or other trans fer instruments' and by inserting after the phrase 'last officers' the phrase 'or directors' and by inserting after the phrase 'in the real estate' and before the word 'described' the phrase 'or other property'.
9. By striking Section 33 in its entirety and substituting in lieu thereof the following:
'Section 33. Said Act is further amended by striking from subsection (c) of Section 22-703 the second sentence which reads:
"The provisional director shall have all rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares.",
and by substituting in lieu thereof the following sentence:
"The provisional director shall have all the rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meet ings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or holders of such higher number of voting shares as may be required under the articles of incorporation or the bylaws for the election of directors."'
10. By inserting in Section 38 in proposed subparagraph (3) of subsection (b) of Section 22-1002 after the phrase 'of cash and such securities' and before the phrase 'which is to be paid' a comma (,).
11. By adding a new section to be known as Section 82 and to read as follows:
'Section 82. Said Act is further amended by striking Sec tion 22-1419 in its entirety and substituting in lieu thereof the following:
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"22-1419. Application to Undomesticated Foreign Corpora tions Heretofore Authorized to Transact Business in this State. Undomesticated foreign corporations which have complied with an Act passed January 31, 1946 (Ga. Laws 1946, p. 687), at the time this Code takes effect and which pursue in this State a purpose or purposes for which a corporation might be or ganized under any statute of this State, shall be entitled to all the rights and privileges applicable to foreign corporations procuring certificates of authority hereunder to transact busi ness in this State, and from the time this Code takes effect, such corporations shall be subject to all the limitations, re strictions, liabilities and duties prescribed herein for foreign corporations procuring certificates of authority hereunder to transact business in this State."'
12. By adding a new section to be known as Section 83 and to read as follows:
'Section 83. Said Act is further amended by adding at the end of Section 22-2606 a new subparagraph to be desig nated subparagraph (e) and to read as follows:
"(e) Nothing in this section shall be construed to invali date any executive committee validly created under the prior general corporation law and existing on the effective date of this Code."'
13. By striking Section 71 in its entirety and substituting in lieu thereof the following:
'Section 71. Said Act is further amended by adding to Section 22-4701 a new subsection, to be designated subsection (i) and to read as follows:
"(i) filing a petition to amend a petition on file with the Secretary of State, $50.'"
14. By adding a new section to be known as Section 84 and to read as follows:
'Section 84. Said Act is further amended by striking sub section (d) of Section 22-402 in its entirety and by substitut ing in lieu thereof a new subsection (d) to read as follows:
"(d) Any registered agent of a corporation may resign as such agent upon filing a written notice thereof with the Secre tary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least 10 days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary or treasurer of the corporation for which such agent is acting."'
WEDNESDAY, MARCH 26, 1969
1985
15. By adding a new section to be known as Section 85 and to read as follows:
'Section 85. Said Act is further amended by changing in subsection (a) of Section 22-403 the comma (,) after the word "complaint" to a period (.) and by striking the words "as if the registered agent were a defendant".'
16. By striking Section 80 in its entirety and by substituting in lieu thereof the following:
'Section 80. Said Act is further amended by striking Sec tion 22-405 in its entirety.'
17. By striking Section 81 in its entirety and by substituting in lieu thereof the following:
'Section 81. Said Act is further amended by adding a new sentence at the end of subsection (a) of Section 22-501 to read as follows:
"The voting rights of each series within a preferred or special class of shares may be fixed and determined by the articles of incorporation or, when permitted under Section 22-502 (b), by resolution of the board of directors or share holders." '
18. By adding a new section to be numbered 86 and to read as follows:
'Section 86. Said Act is further amended by adding at the end of Section 22-508 a new paragraph (h) to read as follows:
"(h) Nothing in this section shall be construed to invali date any share certificate validly issued and outstanding on the effective date of this Code under the prior general cor poration law."'
19. By adding a new section to be numbered 87 and to read as follows:
'Section 87. Said Act is hereby amended by inserting after the phrase "of all outstanding" and before the word "shares"
in the first sentence of subsection (b) of Section 22-703 the word "voting".'
20. By adding a new section to be numbered 88 and to read as follows:
'Section 88. Said Act is hereby amended by adding at the end of Section 22-708 a new subparagraph to be desig nated subparagraph (e) and to read as follows:
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JOURNAL OF THE SENATE,
"(e) Nothing in this section shall be construed to invali date any executive committee validly created under the prior general corporation law and existing on the effective date of this Code."'
21. By adding a new section to be numbered 89 and to read as follows:
'Section 89. Said Act is hereby amended by inserting in subsection (b) of Section 22-807 after the phrase "articles of incorporation" and before the phrase "but any bylaws" the phrase "or in bylaws previously adopted by the shareholders".'
22. By adding a new section to be numbered 90 and to read as follows:
'Section 90. Said Act is hereby amended by striking sub section (c) of Section 22-1005 in its entirety and by substitut
ing in lieu thereof a new subsection (c) to read as follows:
"(c) In the event all the shares of a subsidiary corpora
tion party to a merger effected under this section are not at
the time owned by the parent corporation, the parent corpora
tion shall, no later than ten days prior to the date on which
the merger is to become effective, notify each shareholder of
the subsidiary corporation that the merger is to become effec
tive. The notice shall be sent by registered or certified mail,
addressed to each such shareholder at his address as it appears
on the records of the corporation, and shall contain a clear
and concise 'statement that shareholders dissenting from the
merger are entitled, if they comply with the provisions of this
subsection, to be paid the fair value of their shares. A copy
of the plan of merger or an outline of the material features
of the plan shall accompany the notice. Within 20 days after
the date of the mailing of the notice, any shareholder to whom
the parent corporation was required to give such notice and
who elects to dissent shall file with the corporation a notice
of such as provided in Section 22-1202 (c), and thereupon the
i
parties shall have the rights and duties and shall follow the
procedure set forth in subsections (d) through (k) of Section
22-1202."'
23. By adding a new section to be numbered 91 and to read as follows:
'Section 91. Said Act is hereby amended by striking from subparagraph (1) of subsection (g) of Section 22-1202 the
word "nonjury'V
24. By adding a, new section to be numbered 92 and to read as follows:
WEDNESDAY, MARCH 26, 1969
1987
'Section 92. Said Act is further amended by striking the second sentence in subsection (a) of Section 22-1401 which reads,
"No foreign corporation shall be entitled to procure a cer tificate of authority under this Code (Chapters 22-1 through 22-20) to transact in this State any business which a corpora tion organized under this Code is not permitted to transact."
and by substituting in lieu thereof the following:
"No foreign corporation shall be entitled to procure a cer tificate of authority under this Code to transact in this State any business which a corporation organized under the laws of this State is not permitted to transact, and no foreign cor poration shall be entitled to procure a certificate of authority to transact any business in this State which under any of the laws of this State a foreign corporation is not permitted to transact. Any foreign corporation to which a certificate of au thority is granted shall be subject to all the licensing and regulatory statutes of this State relating to businesses of the kind which the foreign corporation proposes to transact in this State.'"
25. By adding a new section to be numbered 93 and to read as follows:
'Section 93. Said Act is further amended by striking sub section (c) of Section 22-1409 in its entirety and by substitut ing in lieu thereof a new subsection (c) to read as follows:
"(c) Any registered agent of a foreign corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary, or treasurer of the corporation for which such agent is acting."'
26. By adding a new section to be numbered 94 and to read as follows:
'Section 94. Said Act is further amended by changing in subsection (a) of Section 22-1410 after the word "complaint" the comma (,) to a period (.) and by striking the words "as if the registered agent were a defendant".'
27. By adding a new section to be numbered 95 and to read as follows:
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'Section 95. Said Act is further amended by striking in Section 22-2104 the designation "(a)" at the beginning of said section.'
28. By adding a new section to be numbered 96 and to read as follows:
'Section 96. Said Act is further amended by striking Sec tion 22-2405 in its entirety.'
29. By adding a new section to be numbered 97 and to read as follows:
'Section 97. Said Act is further amended by striking sub section (a) of Section 22-4109 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) A corporation may forfeit its Charter:
1. By failure to file its annual report to the Secretary of State within the time required by Section 22-4601, or by failure to file its annual license or occupation tax return on or before the day such return becomes due; or
2. By having procured its Charter through fraud; or
3. By continuing, after written notice by the Secretary of State to the corporation at its last known address as shown by the records of the Secretary of State, to violate the laws of this State in a manner likely to injure the public or the corporation's shareholders, creditors, or debtors, except that the Secretary of State shall not declare a forfeiture on this ground so long as the corporation is contesting in good faith, in any appropriate judicial or administrative proceeding, the alleged violation or violations of the laws of this State."'
30. By adding a new section to be numbered 98 and to read as follows:
'Section 98. Said Act is further amended by amending Chapter 22-48 thereof by adding thereto a new section to be designated Section 22-4802 to read as follows:
"22-4802. Intention as to Venue. Nothing in this Act shall affect existing statutes with respect to the venue of suits against railroad and electric companies, banking, insurance, canal, navigation, express and telegraph companies, which existing statutes include as to railroad and electric companies those statutes which are codified as Sections 41-201, 41-202 and 41-203 of the Code of Georgia of 1933; as to telegraph companies that statute codified as Section 104-208 of the Code of 1933; as to companies under the jurisdiction of the Georgia
WEDNESDAY, MARCH 26, 1969
1989
Public Service Commission the Acts of the General Assembly of Georgia as follows:
Ga. Laws 1907, pp. 72, 79; Ga. Laws 1946, pp. 726, 756 (Section 93-416, Georgia Code Annotated).'"
31. By adding a new section to be numbered 99 and to read as follows:
'Section 99. Said Act is further amended by inserting in paragraph (2) of subsection (d) of Section 22-803 after the phrase "the official organ of said county" and before the phrase "as of the date" the phrase "or which is a newspaper of general circulation published within said county whose an nual statement of ownership and circulation reflects a minimum of sixty (60%) percent paid circulation".'
32. By adding a new section to be numbered 102 and to read as follows:
'Section 102. Said Act is further amended by striking the last sentence of Section 22-4301 in its entirety and by sub stituting in lieu thereof the following new sentence:
"Said corporation shall file with said application a certi fied abstract from the minutes of the corporation, showing that the application for renewal has been authorized by resolution which has been duly adopted by the affirmative vote of the holders of a majority of the shares entitled to vote thereon of such corporation at a meeting held for the purpose of passing upon such resolution duly certified by the president and secretary of such corporation."'
33. By adding a new section to be numbered 103 and to read as follows:
'Section 103. Said Act is further amended by striking Section 22-4306 in its entirety and by substituting in lieu thereof a new Section 22-4306 to read as follows:
"22-4306. Petition for amendment of charter; fee; abstract of corporation minutes. Surrender of powers by insurance company. Any insurance, railroad, canal, navigation, express, or telegraph company, heretofore incorporated by the General Assembly by special Act, may amend its charter so as to ac quire any or all of the corporate powers and privileges granted to a like corporation under the Acts already or to be hereafter passed, providing for the grant of corporate powers and privi leges to such companies by the Secretary of State, by filing with the Secretary of State a petition signed with the cor porate name, stating the name and character of the corpora tion, and date of the original Act of incorporation and all amendments thereto, that it desires an amendment to its char-
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JOURNAL OF THE SENATE,
ter by having granted to it the corporate powers and privi leges granted to similar corporations by the Act, or certain specified sections of the Act, providing for the grant of cor porate powers and privileges to (insert kind of company) by the Secretary of State, and paying to the Secretary of State the fee provided by law, to be covered by him into the treasury of the State, and also filing along with said petition a certi fied abstract from the minutes of the corporation, showing
that the application for amendment has been authorized by resolution which has been duly adopted by the affirmative vote of the holders of a majority of the shares entitled to vote thereon of such corporation at a meeting held for the purpose of passing upon such resolution duly certified by the president and secretary of such corporation. Whenever any insurance company which, by its charter, is permitted to do other than a fire insurance business desires to abandon the same, or any part thereof, it may, upon application to the Secretary of State, relinquish and surrender any or all the powers and privileges granted to it for the conduct of such other business, provided no rights of contract be thereby violated."'
34. By adding a new section to be numbered 104 and to read as follows:
'Section 104. This Act shall become effective April 1, 1969, or at such later date as the same shall be approved by the Governor or otherwise becomes law.'
35. By adding a new section to be numbered 105 and to read as follows:
'Section 105. All laws and parts of laws in conflict with this Act are hereby repealed.' "
B. By amending the "Smalley" amendment by striking everything following the words "Senator Smalley of the 28th moves to amend House Bill 593:" and substituting in lieu thereof the following:
"1. By adding a new section to be numbered 100 and to read as follows:
'Section 100. Said Act is further amended by striking in subsection (a) of 22-802 the word "representative" and by sub stituting in lieu thereof the word "attorney".
2. By adding a new section to be numbered 101 and to read as follows:
'Section 101. Said Act is further amended by inserting in subsection (a) of Section 22-1313 after the phrase "articles of dissolution, accompanied" and before the phrase "by a no-
WEDNESDAY, MARCH 26, 1969
1991
tice" the phrase "by the corporation's certification that all tax returns which were due the State have been filed and".'
Senator Smalley of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HB 593.
On the motion, the ayes were 40, nays 0.
The motion prevailed, and the House amendment to the Senate amendment was agreed to.
The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 31. By Messrs. Douglas and Rowland of the 42nd:
A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of applicants for renewal licenses at educational programs prior to the renewal of licenses to practice veterinary medicine; and for other purposes.
Senator Chapman of the 32nd offered the following amendment:
Renumber section 2 to be section 3 and section 2 shall read, "the effective date of this Act shall be July 1, 1970."
On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.
Senator Abney of the 53rd offered the following amendment:
Amend HB 31 by adding a new section to read as follows:
"Provided, however that this Act shall not apply if the Board or the Georgia Veterinary Medical Association charges a fee for such six hours of course work as provided herein."
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.
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On the passage of the bill, the ayes were 29, nays 8.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 862. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act approved March 16, 1966 (Ga. L. 1966, p. 523), relating to the determination of income taxes on compensation of certain armed forces personnel to provide for the abatemag^ (pf income taxes of deceased members of armed forces engaged ii:Vietnam com bat zones; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 273. By Messrs. Smith of the 3rd, Brown of the 32nd and Lowrey of the 9th:
A resolution creating an interim study committee to study the possible need for legislation requiring the licensing of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the Senate was taken up for the purpose of consider ing the report of a Conference Committee thereto:
WEDNESDAY, MARCH 26, 1969
1993
SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of account ants, so as to provide that the members thereof may succeed them selves; to repeal conflicting laws; and for other purposes.
The report of the Conference Committee was as follows:
The Conference Committee on SB 281 recommends the following:
That the Senate and House both recede from their positions and adopt the attached substitute.
Respectfully submitted,
FOR THE SENATE
/a/ T. A. Starr of 44th /s/ R. Eugene Holley of 22nd /s/ Robert A. Rowan of 8th
FOR THE HOUSE OF REPRESENTATIVES
/s/ Frank C. Pinkston of 81st
/s/ Gaynor of 88th
/s/ Jones of 59th
A BILL
To be entitled an Act to amend Code Chapter 84-2, relating to certification of accountants, as amended, particularly by an Act ap proved March 9, 1943 (Ga. Laws 1943, p. 363), an Act approved March 21, 1958 (Ga. Laws 1958, p. 216), and an Act approved March 12, 1965 (Ga. Laws 1965, p. 185), so as to provide that the members thereof may succeed themselves; to provide additional grounds for the revoca tion, cancellation or suspension of the certification and licensing by the Board and to specify the terms and conditions thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 84-2, relating to certification of account ants, as amended, particularly by an Act approved March 9, 1943 (Ga. Laws 1943, p. 363), an Act approved March 21, 1958 (Ga. Laws 1958, p. 216), and an Act approved March 12, 1965 (Ga. Laws 1965, p. 185), is hereby amended by striking Code Section 84-201, relating to the State Board of Accountancy, in its entirety and in lieu thereof insert ing a new Section 84-201 to read:
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"84-201. The State Board of Accountancy. The State Board of Accountancy shall consist of five members to be appointed by the Governor with the approval of the Secretary of State and shall be confirmed by the Senate, four of whom shall be certified public accountants who have practiced as such in the State of Georgia, under certificates issued by this State, for at least four years, and one of whom shall be a practicing attorney at law who has prac
ticed as such in the State of Georgia for at least four years. The members of the State Board of Accountancy in office April 1, 1943, shall continue in office for the remainder of their respective unexpired terms as members of the State Board of Accountancy. Thereafter, the first member of said board to be appointed by the Governor shall serve on said board until June 30, 1945; the next member appointed by the Governor shall serve on said board until June 30, 1946; the next member appointed by the Governor shall serve on said board until June 30, 1947, and the remaining two of said members, including the attorney member, upon appointment by the Governor, shall serve on said board until June 30, 1948. All other subsequent appointments shall each be for a term of four years. Each member of said board shall be eligible for reappointment and there shall be no restrictions on the eligibility of any such member to succeed himself. Any member of the board may be removed by the Governor for misconduct, incompetency, or neg lect of duty. Vacancies shall be filled by appointment by the Gov ernor for the unexpired term. The members of the Board shall receive $25.00 for each day of actual attendance upon meetings of the Board, and actual traveling expenses."
Section 2. Said Code Chapter, as amended, is further amended by adding a new Section to be known as Section 84-210A to read:
"84-210A. Any certificate or registration or license issued by the Board may be revoked, cancelled, or suspended -after notice and hearing, for any violation for this Act or 1) for the conviction of an offense involving moral turpitude; 2) the entry of a plea of nolo contendere to an offense involving moral turpitude; 3) the failure to file federal or state income tax return; or 4) the filing of a fraudulent federal or state income tax return. The procedure for the revocation or suspension shall be the same as that pro vided by Code Section 84-210 and no such hearing shall be held in regard to the revocation, cancellation, or suspension of a license without there first being notice to the holder of the license or registration and after hearing by the Board."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Holley of the 22nd moved that the Senate adopt the report of the Conference Committee to SB 281.
WEDNESDAY, MARCH 26, 1969
1995
On the motion, the ayes were 34, nays 0.
The motion prevailed, and the report of the Conference Committee was adopted.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 653. By Mr. Carnes of the 104th:
A bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Examiners of Plumbing Con tractors; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
Amend HB 653 by inserting in the title immediately after the words "so as to" and before the following: "to change certain pro visions", the following:
"provide that those persons who are currently and efficiently engaged in the vocation of Plumber shall not have to take the examination required by this Act if satisfactory evidence as to qualifications is presented to and accepted by the Board on or before October 15, 1969."
And by redesignating Section 2 as Section 3, and adding a new Section 2, to read as follows:
"Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 which shall read as follows:
'Section 6. On or before October 15, 1969, each individual who wishes to qualify as a Master or Contracting Plumber shall make application to take the examination herein provided for, or, within the same period, shall furnish satisfactory evidence (such as a current business license or journeyman or Master or Contractor certificate) to said Board that such individual has successfully and efficiently engaged in said vocation for a period of at least six (6) months. Each individual so qualifying shall pay to said Board the fee prescribed for applicants for examinations for qualifica tion. Each individual who furnishes satisfactory evidence as to his qualifications on or before October 15, 1969, shall not have to take the examination required herein in order to be issued a license. The decision of the Board as to the qualifications of each said appli-
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cant shall be conclusive, in the absence of fraud. Each individual desiring to engage in said vocation after October 15, 1969, shall take the examination and qualify under this Act before engaging in said vocation or business.'"
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 32, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 573. By Mr. Connell of the 79th:
A bill to authorize the governing authority of each county and munici pality to require a permit prior to a mobile home intended to be used as a residence being located within such county or municipality; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend HB 573 by inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to provide for certain exceptions;".
By renumbering Section 6 as Section 7.
By inserting following Section 5 a new Section 6 to read as follows:
"Section 6. Nothing contained within this Act shall apply to any city or county charging a license, permit or registration fee for mobile homes on the effective date of this Act unless such county or city shall elect to come within the provisions of this Act."
On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.
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1997
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 717. By Messrs. Harris of the 77th and Lee of the 61st:
A bill providing for a new Criminal Code, so as to provide that Code Section 26-3102 shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 75. By Senators Bateman of the 27th and Adams of the 26th:
A bill creating the Bibb County Board of Education, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; to repeal conflicting laws; and for other purposes.
The House Committee on Local Affairs offered the following substitute:
A BILL
To be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved Oc tober 23, 1872 (Ga. Laws 1872, p. 388), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2835), so as to clarify the provisions that require appointments made by the Board to be sub ject to the approval of the Grand Jury; to delete the requirement that the Board is to establish a policy which prohibits any person employed
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by said Board in a full-time supervisory or administrative capacity from holding or accepting any other employment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the Board of Public Education and Orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2835), is hereby amended by striking from Section 2C the following sentence:
"All appointments made by the Board shall be subject to the approval or rejection of the next succeeding Grand Jury which convenes immediately following the appointment.",
and by substituting in lieu thereof the following:
"All appointments made by the Board shall be subject to the approval or rejection of the Grand Jury in session at the time of the appointment, or, if time does not permit the appointment to be considered by such Grand Jury, the next succeeding Grand Jury which convenes immediately following the appointment.",
so that when so amended Section 2C shall read as follows:
"Section 2C. After the effective date of this section, the ordi nary and judges of the Superior Court of Bibb County shall cease to be members of the Board. In the year 1969, the members of the board shall elect successors to the incumbents occupying positions 1 and 2. In June of the year 1970, the members of the board shall elect successors to the incumbents occupying positions 3 and 4 that are then on the board. In June of the year 1971, the mem bers of the Board shall elect successors to the incumbents occupy ing positions 5 and 6 that are then on the board. In June of the year 1972, the members of the board shall elect successors to the incumbents occupying positions 7 and 8 that are then on the board. In June of the year 1973, the members of the board shall elect successors to the incumbents occupying positions 9 and 10 that are then on the board. In June of the year 1974, the members of the board shall elect successors to the incumbents occupying posi tions 11 and 12 that are then on the board. All incumbent mem bers thusly being replaced shall be eligible for reappointment for another six year term unless they were appointed to the board prior to 1956, in which event they shall not be eligible for reap pointment. All appointments shall be for a term of six years. Any vacancies, other than those provided for above, on the board for whatever reason shall be filled as expeditiously as possible by the remaining members of the board by electing a qualified person who shall serve out the unexpired term of that board member posi tion. All appointments made by the Board shall be subject to the approval or rejection of the Grand Jury in session at the time of the appointment, or, if time does not permit the appointment to
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1999
be considered by such Grand Jury, the next succeeding Grand Jury which convenes immediately following the appointment. The names of all such appointees shall be submitted by the board to said grand jury; and the grand jury by a majority vote shall either ap prove the appointment made by the board or reject said appoint ment. In the event any appointment shall be rejected by the grand jury, a vacancy shall immediately be deemed to exist on the board; and the board shall elect another qualified person to fill said vacancy, who shall also be subject to the approval or rejec tion of the next succeeding grand jury."
Section 2. Said Act is further amended by striking in its entirety Section 3B which reads as follows:
"Section 3B. Said Board is hereby authorized and directed to establish a policy which shall become effective on September 1, 1968, which will prohibit any person employed by said Board in a full time supervisory or administrative capacity from holding or accepting any other employment while so employed by said Board of Education."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Bateman of the 27th moved that the Senate agree to the House substitute to SB 75.
On the motion, the ayes were 38, nays 0.
The motion prevailed, and the House substitute was agreed to.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 446. By Messrs. Shanahan of the 8th and Harris of the 10th:
A bill to provide in certain counties of this State it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of, or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds; 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering the action of a Conference Committee thereto:
SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A bill to amend Code Title 56 known as the "Georgia Insurance Code", to make certain changes in regard to hospital care; to repeal conflicting laws; and for other purposes.
Senator Adams of the 26th reported that the Conference Committee, of which he was a member, could not agree, and moved that a second Conference Committee be appointed.
On the motion, the ayes were 29, nays 0.
The motion prevailed, and the president appointed as a second Conference Committee the following:
Senators Holley of the 22nd, Holloway of the 12th and Maclntyre of the 40th.
The following bill of the Senate was taken up for the purpose of consider ing a House amendment thereto:
SB 128. By Senator Coggin of the 35th: A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that certain rules and regulations adopted and promulgated by the Board of Pardons and Paroles shall be adopted, etc.; and for other purposes.
Mr. Egan of the 116th moved to amend SB 128 by adding the following words at the end of page 3:
"same may now or hereafter be amended, and the courts shall take judicial notice of any such rules or regulations."
WEDNESDAY, MARCH 26, 1969
2001
Senator Coggin of the 35th moved that the Senate agree to the House amendment to SB 128.
On the motion, the ayes were 32, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following general bill, favorably reported by the committee, was read1 the third time, and put upon its passage:
HB 866. By Mr. Hale of the 1st:
A bill to authorize any court of competent jurisdiction to require the posting of a bond, with surety approval by the court, by a party or parties seeking, in any public lawsuit, to declare invalid, enjoin, or prevent the financing, construction, improving, etc., of any public improvement, project, or facility or the creation, organization, or formation of any political subdivision; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following reports of standing committees were read by the secretary r
Senator Padgett of the 23rd District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under con sideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
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HB 815. Do pass.
Respectfully submitted, Padgett of 23rd District, Chairman.
Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report.
Mr. President:
Your Committee on Rules has had under consideration the following bill of the House and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendation:
HB 877. Do pass.
Respectfully submitted, Smith of 18th District, Vice Chairman.
Senator Maclntyre of the 40th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban 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 recommendation:
HB 699. Do pass as amended.
Respectfully submitted, Maclntyre of 40th District, Chairman.
The following bill of the House was taken up for the purpose of considering a House amendment to a Senate amendment thereto:
WEDNESDAY, MARCH 26, 1969
2003
HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and super seding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
The House amendment was as follows:
Mr. Cato of the 68th moved to amend the Senate amendment to HB 719:
1. By amending the caption of HB 719 at the appropriate place to add "to provide that robbery by intimidation is a lesser included offense in the offense of armed robbery"; and
2. By adding a new sentence in the Senate amendment between the first and second sentences of quoted Code Section 26-902 to read as follows:
"The offense of robbery by intimidation shall be a lesser in cluded offense in the offense of armed robbery."
Senator Smalley of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HB 719.
On the motion, the ayes were 31, nays 0.
The motion prevailed, and the House amendment to the Senate amendment was agreed to.
The following general bills, favorably reported by the committee were read the third time, and put upon their passage:
HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st: A bill to amend Code Title 32 relating to education, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; 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 551. By Messrs. Farrar and Thomason of the 77th:
A bill to amend an Act known as the "State Council for the Perservation of Natural Areas", so as to provide for a new short title; to pro vide for the creation of the Georgia Natural Areas Commission as a State agency and a budget unit of the State government; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 551 by deleting (8) of quoted Section 3 of Section 4 in its entirety and inserting in lieu thereof the following:
"(8) One representative from the Regional Area Planning and Development Commissions to be appointed by the State Planning Ad visory Committee for a term to be determined by said Committee."
and by deleting (9) of quoted Section 3 of Section 4 in its entirety and insert ing in lieu thereof the following:
"(9) Two representatives from the State Senate, one of whom shall be the Chairman of the Senate Agriculture and Natural Resources Com mittee and the other the Chairman of the Game and Fish Subcommittee of the Senate Agriculture and Natural Resources Committee and shall serve for a term to be determined by the Lieutenant Governor."
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 34, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
WEDNESDAY, MARCH 26, 1969
2005
HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and Williams of the llth:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
The Committee on Highways offered the following amendment:
Amend HB 603 by striking from the title the following:
"so as to change the schedule of the points to be assessed for cer tain offenses; to reduce the violation point count necessary to suspend a license; to reduce the period of time within which such points must be accumulated;",
and inserting in lieu thereof the following:
"so as to change the provisions relating to the removal of points from the record;".
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.
HB 877. By Mr. Murphy of the 19th:
A bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by said Department; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House agrees to the Senate amendment as amended by the House, to the following bill of the House, to-wit:
HB 653. By Mr. Games of the 104th: A bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Examiners of Plumbing Con tractors; and for other purposes.
The following communication from His Excellency, Governor Lester Maddox, was received, and read by the secretary:
March 24, 1969
Honorable George T. Smith Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia
Gentlemen:
I submit herewith to your Honorable Body for confirmation the following appointment:
Honorable William T. Smith, Jr. of Tift County as a member of the Board of Dental Examiners of Georgia for a term beginning March 24, 1969, and ending August 1, 1973.
Respectfully submitted, Lester Maddox Governor
WEDNESDAY, MARCH 26, 1969
2007
Senator Spinks of the 9th moved that the Senate dispense with an Executive Session in the confirmation of Honorable William T. Smith, Jr. as a member of the Board of Dental Examiners of Georgia.
On the motion, the ayes were 51, nays 0, and the motion prevailed.
A roll call on the confirmation was ordered by the president, and the vote was as follows:
Those voting in the affirmative were Senators:
Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th
Carter Chapman Coggin Cox Dean Doss Eldridge
Fincher of 51st Fincher of 54th Garrard Gillis
Hardy
Hensley Hill Holley Holloway Hudgins Jackson Johnson
Kennedy Kidd London Maclntyre McGill Miller Noble
Padgett Pennington Plunkett Reeder
Reynolds
Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th
Spinks Starr Stephens Trippe Tysinger Vann Walling
Ward Webb Young Zipperer
The following communication was dispatched to His Excellency, Governor Lester Maddox:
March 26, 1969
Honorable Lester G. iviaddox Governor State Capitol Atlanta, Georgia
Dear Governor:
With reference to the nomination sent to the Senate by you on March 24, 1969, I have the honor to report to you as follows:
Honorable William T. Smith, Jr. of Tift County as a member of the Board of Dental Examiners of Georgia for a term beginning March 24, 1969, and ending August 1, 1973. The vote on this confirma tion was ayes 56, nays 0, and the nominee was confirmed.
Respectfully submitted, Hamilton McWhorter, Jr. Secretary of the Senate
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The following resolution of the Senate was taken up for the purpose of considering a House amendment thereto:
SR 84. By Senator Kidd of the 25th:
A resolution urging the Georgia Real Estate Investment Board to recommend the investment of a certain percentage of State retirement funds in home mortgages; and for other purposes.
The House Committee on Banks and Banking offered the following amend ment:
Amend SR 84 by striking therefrom the word "Senate" as it appears in line 15 of said resolution and adding in lieu thereof the words "General Assembly".
Senator Kidd of the 25th moved that the Senate agree to the House amendment to SR 84.
On the motion, the ayes were 37, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following general bill, favorably reported by the committee was read the third time, and put upon its passage:
HB 488. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act prohibiting the manufacture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, possession, storage and distribution of certain fireworks under certain conditions; 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 prohibiting the manufacture, sale, possession and discharge of fireworks, approved February 6, 1962 (Ga. Laws 1962, p. 11), so as to permit the manufacture, sale, posses sion, storage and distribution of certain fireworks under certain con ditions; to provide for an annual license fee; to authorize and direct the Inspection Division of the Georgia State Department of Labor to
WEDNESDAY, MARCH 26, 1969
2009
promulgate safety regulations; to provide for inspections by the State Fire Marshal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act prohibiting the manufacture, sale, possession and discharge of fireworks, approved February 6, 1962 (Ga. Laws 1962, p. 11), is hereby amended by adding at the end of Section 4 a new subsection to be numbered subsection (4) and to read as follows:
"(4) The manufacture of any fireworks not prohibited by Congress or any federal agency; the possession, transportation and storage of any such fireworks by any manufacturer thereof; the possession, transportation or distribution of any such fireworks to a distributor located outside the State of Georgia; the sale of such fireworks by any such manufacturer to a distributor located outside the State of Georgia; or the possession and transportation of such fireworks by any manufacturer or contract or common carrier from the point of manufacture within the State of Georgia to any point without the State of Georgia."
Section 2. Said Act is further amended by adding between Section 4 and Section 5 a new Section to be designated Section 4A to read as follows:
"Section 4A. The annual license fee for any person, firm or corporation conducting business in Georgia under the provisions of subsection (4) of Section 4 shall be $1,000.00 per year, payable to the State Treasurer. The license shall expire on December 31st of each year. The Inspection Division of the Georgia State Department of Labor is hereby authorized and directed to promul gate safety regulations relating to the manufacture, storage and transportation of fireworks within the State of Georgia to insure the adequate protection of the employees of any such person, firm or corporation and the general public. The State Fire Marshal is hereby authorized and directed to conduct periodic inspections of the facilities of any person, firm or corporation, manufacturing, storing and transporting fireworks as provided herein to insure compliance with fire safety rules and regulations."
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 4, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
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On the passage of the bill, the ayes were 41, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolutions were read and adopted:
SR 172. By Senator McGill of the 24th:
A resolution commending the Warren County High School Football Team; and for other purposes.
SR 173. By Senator McGill of the 24th:
A resolution commending the Thomson High School Football Teamj and for other purposes.
SR 175. By Senator Penningtort of the 45th:
A resolution commending the Georgia Milk Producers Association; and for other purposes.
SR 176. By Senator Pennington of the 45th:
A resolution commending the Georgia Poultry Federation, the Extension Service of the University of Georgia, the 4H Club and the Georgia Soft Drinks Association; and for other purposes.
SR 177. By Senator Bateman of the 27th, London of the 50th and others:
A resolution wishing General Dwight D. EisenhcT.'ev a speedy re covery; and for other purposes.
SR 178. By Senator Walling of the 42nd, Tysinger of the 41st and Bateman of the 27th:
A resolution commending Randolph W. Thrower; and for other pur poses.
SR 179. By Senator Broun of the 46th, Plunkett of the 30th and others: A resolution wishing Dr. 0. C. Aderhold a speedy recovery; and for other purposes.
SR 181. By Senator Noble of the 19th: A resolution commending the Mayor and Aldermen and the citizens of the City of Cochran on their City's 100th Anniversary; and for other purposes.
WEDNESDAY, MARCH 26, 1969
2011
HR 461. By Messrs. Knapp, Pinkston, Keen and Evans of the 81st and others:
A resolution commending the Honorable Gail Luke Carver, recipient of the "Highest Technical Award" of the Southeastern Section of the Society of American Foresters; and for other purposes.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Ad ministrative 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 180. Respectfully submitted, Eldridge of the 7th District, Chairman.
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 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th, Brown of the 32nd and others:
A bill to amend the Code of Georgia of 1933, as amended, so as to increase the time within which certain vehicles must be registered and a license plate required; and for other purposes.
HB 141. By Messrs. Farrar of the 77th, DeLong of the 80th, Hood of the 99th, McDaniell and Wilson of the 117th, Reaves of the 71st, Barber of the 15th and many others:
A bill to be entitled an Act to create a new and entirely separate retirement system for certain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.
HB 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A bill to create the Georgia Higher Education Assistance Authority; and for other purposes.
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HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A bill to amend Code Chapter 88-15, relating to the control of Rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.
HB 259. By Messrs. Smith and Caldwell of the 39th:
A bill to amend, consolidate and supersede the several acts of the General Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new Charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.
HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other purposes.
HB 287. By Mr. Harrison of the 66th:
A bill to consolidate the offices of tax receiver and tax collector of Camden County into the office of tax commissioner of Camden County; and for other purposes.
HB 382. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Daugherty of the 109th, Adams of the 100th, Townsend of the 115th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, so as to specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Election Commission; and for other purposes.
HB 453. By Mr. Ware of the 30th:
A bill to provide for the licensing and regulation of the business of insurance premium financing; and for other purposes.
HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th:
A bill to be known as the "Georgia Meat Inspection Act"; and for other purposes.
HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide authorization
WEDNESDAY, MARCH 26, 1969
2013
for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and for other purposes.
HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A bill to amend Code Section 92-3216, relating to the secrecy and con fidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities, to furnish information from state income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.
HB 551. By Messrs. Farrar and Thomason of the 77th:
A bill to amend an Act known as the "State Council for the Preserva tion of Natural Areas", so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas Commission as a State agency and a budget unit of the State government; and for other purposes.
HB 573. By Mr. Connell of the 79th:
A bill to authorize the governing authority of each county and municipality to require a permit prior to a mobile home intended to be used as a residence being located within such county or municipality; and for other purposes.
HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and Williams of the llth:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
HB 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st:
A bill to amend an Act authorizing the appointment of an administra tion de bonis non with will annexed upon application of interested persons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act also applicable to cases where an executor has died intestate; and for other purposes.
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HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd:
A bill to create -the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other matters connected with the foregoing; and for other purposes.
HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A bill to amend an Act revising, classifying, consolidating and supersed ing the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.
HB 770. By Mr. Jordan of the 55th:
A bill to amend an Act creating the charter for the City of Douglas, so as to provide that the city manager shall have an annual audit conducted of the financial affairs, books and records of the City of Douglas; and for other purposes.
HB 771. By Mr. Jordan of the 55th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues in the county of Coffee, so as to provide that the Board of Commissioners of Coffee County shall have an annual audit con ducted of the financial affairs, books and records of Coffee County; and for other purposes.
HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A bill to amend an Act known as the "Lake Lanier Islands Develop ment Authority", so as to define the words "project" and "cost of project"; and for other purposes.
HB 845. By Mr. Hargrett of the 58th:
A bill to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; and for other purposes.
HB 886. By Messrs. Miles of the 78th and Dent of the 79th:
A bill to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta as so authorized; and for other purposes.
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HB 917. By Mr. McCracken of the 36th:
A bill to amend Title 34A of the Code of Georgia, relating to Municipal Election Code, so as to comprehensively and exhaustively revise said Title; and for other purposes.
HB 920. By Mr. DeLong of the 80th:
A bill to amend, an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to change the compensation and certain job titles of the employees in the sheriff's office; and for other purposes.
HB 956. By Messrs. Battle of the 90th, Whaley of the 93rd, Hill of the 94th, Jones of the 87th and Funk of the 92nd:
A bill to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, so as to provide that employees of Chatham County shall be afforded an opportunity to elect 3 members to the said Civil Service Board, which 3 members shall be in addition to the present membership thereof; and for other pur poses.
HB 977. By Mr. Hargrett of the 58th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; and for other purposes.
HB 982. By Messrs. Snow, Crowe and Hale of the 1st:
A bill to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to authorize an automobile for the use of the commissioner in conducting the official duties of his office; and for other purposes.
HB 999. By Mr. Lee of the 61st:
A bill to be entitled an Act to create the Policy and Evaluation Com mittee for Electronic Data Processing; and for other purposes.
The House has agreed to the Senate substitutes to the following bills of the House, to-wit:
HB 195. By Mr. Smith of the 39th:
A bill to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, so as to
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provide that teachers who have been teaching in both a public school and a private school during the same school year, who have been mem bers of the Teachers' Retirement System, shall be eligible to reestablish
membership in said retirement system; and for other purposes.
HB 488. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act prohibiting the manufacture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, possession, storage and distribution of certain fireworks under certain conditions; and for other purposes.
HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th and Howell of the 60th:
A bill to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; and for other purposes.
HB 617. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tifton, so as to extend the corporate limits of the City of Tifton; and for other purposes.
HB 643. By Messrs. Ware, Mullinax, Blalock of the 30th, Longino of the 98th, Vaughn of the 74th, Conger of the 68th, Scarlett of the 67th and Floyd of the 7th:
A bill to authorize residents of the State of Georgia to purchase shot guns and rifles from persons in states contiguous to the State of Georgia under certain conditions; and for other purposes.
HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th, Cole of the 3rd, Harris of the 10th, Adams of the 100th, Hood of the 99th, Smith of the 39th, Lane of the 101st and others:
A bill to provide that it shall be unlawful for any person, firm or corporation to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endurance unless the fa cility shall be so constructed that it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.
The House has agreed to the Senate amendments to the following resolutions of the House, to-wit:
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HR 139. By Messrs. Chandler of the 34th and Murphy of the 19th:
A resolution authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia; and for other purposes.
HR 226. By Messrs. Smith of the 43rd, Candler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.
HR 352. By Messrs. Gary and Lee of the 21st:
A resolution authorizing the conveyance of certain real property located in Clayton County, Georgia, to the City of Atlanta; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 44. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others: A bill to be entitled an Act to amend an Act creating the Civil Court of Fulton County, so as to change the compensation of the judges thereof; and for other purposes.
SB 142. By Senator Padgett of the 23rd: A bill to amend an Act providing for the appointment of an assistant solicitor general in certain counties, so as to change the compensation of said assistant solicitor general; and for other purposes.
SB 144. By Senators Padgett of the 23rd, Holley of the 22nd, McGill of the 24th, and Cox of the 21st: A bill to amend an Act abolishing the fee system for the district at torney of the Augusta Judicial Circuit and placing him on an annual salary, so as to change the compensation of the chief assistant district attorney; and for other purposes.
SB 188. By Senator Zipperer of the 3rd: A bill to amend an Act creating a new charter for the City of Guyton, providing for the qualifications of Mayor and fixing the salary of City officials; and for other purposes.
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SB 252. By Senator Coggin of the 35th:
A bill to fix the compensation of the judges of the juvenile court in certain counties; and for other purposes.
SB 269. By Senator Spinks of the 9th:
A bill to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, so as to increase the maximum interest rate on bonds and other obligations of the authority; and for other purposes.
SB 270. By Senator London of the 50th:
A bill to amend an Act placing the Sheriff of Eabun County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
SB 284. By Senator London of the 50th:
A bill to provide a new charter for the City of Helen; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the Senate, to-wit:
SR 106. By Senators Plunkett of the 30th and Holloway of the 12th:
A resolution expressing the desire of the General Assembly that the architects who hereafter design public buildings be encouraged to plan their designs in such a manner that the buildings can effectively be used as fallout shelters; and for other purposes.
SR 107. By Senators Smith of the 18th and Adams of the 26th:
A resolution creating the Revenue Bond Study Committee; and for other purposes.
SR 123. By Senator Hill of the 29th:
A resolution authorizing the disposal of five separate tracts of land lo cated in Meriwether County; and for other purposes.
SR 130. By Senators Tysinger of the 41st, Miller of the 43rd, Walling of the 42nd and Reeder of the 55th:
A resolution requesting that the Governing Authority of DeKalb Coun ty provide certain information to the members of the General Assem bly, creating a local study commission, providing for the payment of expenses; and for other purposes.
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The House has passed by the requisite constitutional majority the followingbills of the Senate, to-wit:
SB 51. By Senator Kidd of the 25th:
A bill to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holi days; and for other purposes.
SB 54. By Senators Smalley of the 28th and Stephens of the 36th:
A bill to amend an Act entitled "An Act to provide for a Sheriffs' Retirement Fund of Georgia . . .", so as to permit newly elected sheriffs an opportunity to join said fund; and for other purposes.
SB 133. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th and Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to appointment of judges in the office of presiding judge or associate judge of the municipal court; and for other purposes.
SB 214. By Senator Coggin of the 35th: A bill to amend Section 56-620 of the Code of Georgia, relating to requirements concerning brokers and solvent insurers, so as to change the circumstances under which a broker may insure with a foreign insurer; and for other purposes.
SB 231. By Senator Spinks of the 9th: A bill to provide for the construction of welcome centers at or near the entrance of Federal Highways into this State; and for other purposes.
SB 246. By Senators Plunkett of the 30th and Coggin of the 35th:
A bill to repeal House Resolution No. 14a. adopted at the 1949 Extra ordinary Session of the General Assembly of Georgia, which resolu tion authorized the Secretary of State to mail sections of the Georgia Laws to the lawyers of this State and other public officials; to repeal conflicting laws; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolution of the Senate, to-wit:
SB 20. By Senators Bateman of the 27th, Carter of the 14th, Webb of the llth and others:
A bill to amend an Act establishing a retirement system for teachers in the State public schools so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American De pendents' Schools overseas; and for other purposes.
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SB 35. By Senators Johnson of the 38th, Ward of the 39th, Hardy of the 66th, and others:
A bill to amend the Act approved March 3, 1939 authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said county; and for other purposes.
SR 104. By Senators Andrews of the 49th, Fincher of the 51st, Abney of the 53rd and others:
A resolution authorizing and directing the State Building Authority to provide adequate parking space for members of the General As sembly during legislative sessions and for other purposes.
The House has adopted the following resolutions of the Senate, to-wit:
SR 100. By Senator Broun of the 46th: A resolution commemorating James Melton; and for other purposes.
SR 180. By Senator Smith of the 18th: A resolution amending HR 405; and for other purposes.
The House has agreed to the Senate amendment to the House amendment to the following bill of the Senate:
SB 21. By Senators Miller of the 43rd, Gillis of the 20th and others: A bill to authorize public school teachers to conduct a brief period of silent prayer; and for other purposes.
The House has appointed a second Committee of Conference on the following bill of the Senate:
SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th:
A bill to amend Code Title 56th known as the "Georgia Insurance Code"; and for other purposes.
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2021
The Speaker appointed as a second Committee of Conference on the part of the House the following members thereof:
Messrs. Harris of the 77th, Dodson of the 82nd and Clarke of the 33rd.
The House has adopted the reports of the Committee of Conference on the following bills of the House and Senate:
SB 104. By Senator Eldridge of the 7th:
A bill to amend an Act authorizing the Superintendent of Purchases to permit local political units to make purchases through the State's facilities; and for other purposes.
HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th and others:
A bill to amend Title 34A relating to municipal elections, so as to prohibit municipalities from conducting non-partisan primaries; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House:
HB 567. By Mr. Harrison of the 66th:
A bill to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor; and for other purposes. .
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 41. By Senators Adams of the 26th, Kidd of the 25th and Rowan of the 8th: A bill to amend Code Title 56 known as the "Georgia Insurance Code", to make certain changes in regard to hospital care; to repeal conflicting laws; and for other purposes.
Senator Adams of the 26th moved that the Senate agree to the House amendment to SB 41.
The motion was never put.
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The following bill of the House was taken up for the purpose of consider ing a House amendment to a Senate amendment thereto:
HB 653. By Mr. Games of the 104th:
A bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Examiners of Plumbing Con tractors; and for other purposes.
The House amendment to the Senate amendment was as follows:
Mr. Games of the 104th moved to amend section six by changing the words "six (6)" months in line eight to read "eighteen (18)" months.
Senator Holloway of the 12th moved that the Senate agree to the House amendment to the Senate amendment to HB 653.
On the motion, the ayes were 53, nays 0.
The motion prevailed, and the House amendment to the Senate amendment was agreed to.
Senator Eldridge of the 7th, 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 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 20. SB 21. SB 35. SB 38. SB 44. SB 77. SB 80.
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2023
SB 85. SB 90. SB 91. SB 95. SB 96. SB 99. SB 104. SB 106. SB 110. SB 111. SB 113. SB 114. SB 116. SB 124. SB 125. SB 126. SB 128. SB 129. SB 136. SB 155. SB 156. SB 157. SB 184. SB 190. SB 194. SB 198. SB 216. SB 226. SB 231. SB 232. SB 239. SB 240.
SB 252.
SB 279.
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SR 90. SR 96. SB 61. SB 97. SB 100. SB 127. SB 130. SB 133. SB 142. SB 143. SB 144. SB 145. SB 146. SB 148. SB 149. SB 150. SB 162. SB 164. SB 165. SB 171. SB 174. SB 175. SB 176. SB 179. SB 182. SB 188. SB 191. SB 196. SB 197. SB 205. SB 206.
SB 213. SB 214. SB 215.
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WEDNESDAY, MARCH 26, 1969
2025
SB 220. SB 241. SB 269. SB 270. SB 275. SB 277. SB 284. SB 63. SB 234. SB 244. SB 255. SR 10. SR 14. SR 15. SR 37. SR 67. SR 72. SR 76. SR 80. SR 83. SR 84. SR 95. SR 100. SR 101. SR 102. SR 104. SR 106. SR 107. SR 108. SR 117.
SR 123. SR 130.
SB 8. SB 11.
2026
SB 16. SB 25. SB 32. SB 61. SB 52. SB 53. SB 54. SB 55. SB 62. SB 73. SB 75. SB 78. SB 233. SB 236. SB 238. SB 245. SB 246. SB 257. SB 258. SB 259. SB 263. SB 267.
JOURNAL OF THE SENATE,
Respectfully submitted, Eldridge of the 7th District, Chairman.
Pursuant to the provisions of SR 180, the president announced the Senate adjourned sine die at 3:00 P.M., March 26, 1969.
Senate Journal Index 1969
Regular Session
I--Alphabetical Index II--Senate Bills and Resolutions III--House Bills and Resolutions
INDEX
2029
PART I ALPHABETICAL SECTION
Abandoned Children; adoption, method of service on parents, HB 286 ____________________________._.______________________386, 391, 523
Abney, Shaw Walker; congratulations on birth, HE 14 _.___._......___---_._.28 Accountancy Board; members succeed themselves,
SB 281 .......__________________..1355, 1430, 1483, 1521, 1566, 1709, 1821, 1859, 1969, 1974, 1993
Address; Governor Lester G. Maddox _..._..._...._..___......____._________31, 56 Address; Senator Horace T. Ward __---_.__------_-._.--______-__--_-_---..---- 45 Address; Senator Leroy R. Johnson ___--_______-----__-___________________..._...-- 45 Address; Honorable Richard B. Ray .________.______.________ 85 Address; Dr. Fred C. Davison .......__.._........____________.___.____...... 88 Aderhold, Dr. 0. C.; speedy recovery, SR 179 _.__.__.________________.-_____.2010 Adjournment; February 14 to February 17, HR 140 ___________.209, 231, 279 Adjournment; February 21 to February 24, HR 192 ....-.......--379, 380, 508, 509 Adjournment; February 28 to March 3, HR 88_---_____--_____-686, 687, 688 Adjournment; March 7 to March 10, SR 99 _________..____917, 918, 919, 928 Adjournment; March 13 to April 23, HR 314 ________.______________1191, 1196 Adjournment; March 14 to March 17, SR 122 _____________1273, 1302, 1307 Adjournment; March 21 to March 24, SR 143 ____.______1615, 1675, 1685 Adjournment; sine die, HR 405 ________________________..1709, 1757 Adjournment; sine die, amend HR 405, SR 180 ______1981, 2011, 2020, 2026 Adjuster, Insurance; define terms, SB 31 __._____..__80, 103, 125, 148, 170 Administration Floor Leader; appointment of ___._..____________....__...19 Administrative Procedure Act; correction rules
included, SB 130 _______..____________.247, 293, 355, 506, 538, 1207, 2024 Administrative Procedure Act; pardons and paroles board
rules included, SB 128 ______________..._____.247, 292, 355, 506, 538 1836, 2000, 2023
Administrative Procedure Act; probation rules included, SB 127 __.....................................247, 292, 355, 505, 538, 1207, 2024
Administrator; de bonis non, executor dies, HB 627 _________........__._______..._._...926, 931, 1005, 1806, 1912, 2013
Administrator; sue for full value of decedent's life, HB 609 .......________________._________884, 887, 938, 1320, 1412
Admission Tickets; tax on, collected by cities and counties, HB 813 ____.___________1304, 1311, 1361, 1682, 1704, 1740
Adoption; illegal to advertise child for sale, HB 107 __._____1089, 1094, 1165
Adoption Laws; method of service on parents of abandoned children, HB 286 ......._..._____._._..____.__386, 391, 523
Adoption; rights between child and natural parent, SB 11 ___42, 47, 54, 88, 114, 281, 335, 2025
Ad Valorem Tax; exempt certain corporations, HR 204 ______1036, 1042, 1098
Ad Valorem Tax; exempt personal property in transit, certain cases, SR 17 ____________..___.___._________.102, 123
Ad Valorem Tax; exempt persons 65 or older, SR 53 _________.__249, 294, 561, 659, 756, 1320, 1379, 1419
Ad Valorem Tax; limit maximum amount, SR 6 ____.____-___.________43, 54
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INDEX
Ad Valorem Tax, Mobile Homes; Revenue Commissioner aid cities and counties, HR 285 ....__.._.._..._..-_1308, 1313, 1364, 1389, 1543, 1675
Ad Valorem Tax; valuation, failure to return, SB 165 --------_________________________ 342, 392, 677, 752, 843, 1618, 1810, 2024
Advertising, Alcoholic Beverages; allowed over closed circuit television, SB 209 .._--.--------------_------__.._------------573, 614
Advertising of Cigarettes; opposition to PCC proposal to ban, HR 181 _..._._......._......_.._._..__._796, 799, 865, 1195, 1330
Agricultural Commodities Promotion Act; reenact provisions, HB 611 .______________1035, 1040, 1097, 1195, 1411, 1535, 1614, 1618, 1810, 1825, 1835
Agricultural Refund Application; motor fuel tax, HB 398 .._...__._.__.___.______.._________________.1560, 1562, 1580, 1682, 1910
Agriculture and Natural Resources Committee; function after adjournment, SR 36 --__--..----------._--_-___.________.196, 213
Agriculture Research Laboratory, Southeastern; be named Richard B. Russell Laboratory, SR 144 ..--_...._____------ __.._.._...._..1630
Aid to Dependent Children, Federal; urge Congressional Delegation to initiate bill, HR 288 __________._.___1308, 1314, 1364, 1557, 1605
Aid to Dependent Children; urge Congress repeal fund freeze, SR 91 ___________------.._-----____..._______797, 864, 899, 985
Aircraft Hijacking; offense and penalty, HB 458 .._._.514, 516, 548, 805, 874, 1308 Airplane Operators; liability to guest passengers, HB 69 --133, 135, 159, 207, 219 Airport Expansion; reimbursement to certain displaced
persons, HB 296 _______________.________885, 916, 940, 1321, 1830, 1831 Airport Study Committee; create, SR 128.___,,___------------.___ 1356, 1506, 1524 Air Transportation Board; change membership, HB 39 -.79, 82, 105, 355, 507, 541 Akins, Mr. J. M.; compensate, HR 233 ..__...._....___.1087, 1094, 1165, 1319, 1400 Albany City Court; judges pro hac vice, reduce number,
HB 901 _----------------_--------_.___________1306, 1312, 1363, 1480, 1519 Albany, City of; clerks and treasurer,
separate offices, HB 291 ....______---- _____.__242, 253, 297, 328, 360 Albany, City of; extend corporate limits, HB 793 _______994, 1001, 1047, 1196,
1231, 1355 Albany, City of; mayor and commissioners,
compensation, HB 1006 _.___...._..--_..._.._....1619, 1620, 1691, 1737, 1752 Albany, City of; relating to employees' pensions, HB 10 ----.70, 71, 85, 143, 164 Albany, City of; water service, HB 290 ________________242, 253, 297, 328, 950 Alcoholic Beverages; advertised, closed circuit television, SB 209 ._._-_--573, 614 Alcoholic Beverages; by the drink, distance requirements,
HB 804 ___------------------------------__....1465, 1479, 1505, 1679, 1703 Alcoholic Beverages; sale by drink, procedure in certain
locations, HB 396 ._ _--------.______.- 667, 670, 732, 835, 879, 904, 927 Alcoholic Beverages, Sale of; restrict number of
retail licenses, SB 134 ______._._.__.______.._248, 293, 331, 372, 1104, 1406 Alcoholic Beverages; tax to Health Department for
alcoholics, SR 71 _________._._.__.__._________._______.544, 584
Alcoholic Beverages; tax collected by cities and counties, HB 814 .._..._..___________________.1304, 1311, 1361, 1682, 1704
Alcoholism & Alcoholic Beverage Tax Study Committee; create, SR 146 __..1570
Alimony; nullify foreign judgments, certain cases, HB 791 .._________,,___..____.__.995, 1002, 1047, 1204, 1275
Alma, City of; taxation limitation, remove certain provisions, HB 774 ...___.__..__.__....___...991, 1000, 1045, 1804, 1874
Alpharetta, City of; corporate limits, SB 176 _.344, 394, 604, 625, 688, 1424, 2024
INDEX
2031
Alto, Town of; mayor and council levy
property tax, HB 615 .--.-.__..--_.__.._____--.__._..----------720, 727, 802, 899, 963
Ambulance Service; Health Department license, SB 274 ______.------1158, 1219
Ambulance; Veterans Service Department
purchase, SB 111
___..__-195, 212, 354, 504, 538, 1213, 2023
Ambulance; Veterans Service Department purchase, HB 336 ---.----722, 727, 802
Amendments to Constitution; effective date, HR 196 ....___-_--796, 799, 866
American Legion; congratulate on golden anniversary, SB 167 ----------------1888
American Legion; place freedom flame on Capitol
grounds, HE 222 ----_,,----------------------____--------732, 730, 804, 879, 911
Americus, City of; retirement system, change
contribution, HB 29 ___________________._______.78, 82, 105, 143, 164
Amnesty; first offenders, SB 34 ----------------._._._.___.............__-80, 104
Animals, Dead; disposition of, HB 428 _______------1034, 1039, 1096, 1366, 1911
Animals; prohibit feeding of unprocessed garbage,
HB 935 --.______________________________________________________...1333, 1334, 1364, 1482
Annexation; alternative method for cities, HB 854 ___..--1352, 1357, 1432, 1555, 1615
Apartment Projects for Aged; tax exempt,
certain cases, SB 180 _______________________--------------------387, 520, 866, 905, 989
Appeals; school boards, HB 202 ._________._.._.__._.._...319, 324, 352, 562, 590
Appellate Court Judges; salaries, SB 26 ...__.__.70, 84, 126, 146, 150, 373, 509
Appling County Education Board; members,
compensation, HB 937 .....__.__...__._.1351, 1359, 1433, 1804, 1881, 1978
Appling County; sheriff's office, salaries and
expenses, HB 209 ________.................._____.222, 225, 259, 1804, 1861, 1977
Appling County; superior court clerk, compensation,
HB 208 --..__.----__--------__------_____------222, 225, 259, 1804, 1859, 1977
Appling County; tax collector and secretary,
compensation, HB 938 ....._......__....------1354, 1359, 1433, 1804, 1882, 1978
Appling County; tax receiver, compensation, HB 936 _.___.__1351, 1358, 1433,
1804, 1880, 1978
Appointments:
Acree, Dr. John W. _________._________..-._.._____1282, 1663, 1664
Adams, Mrs. B. D. ________..................______________......__.......1131, 1637
Adams, Honorable Wallace ______._..___.______.___.----1136, 1641
Addy, Honorable Gene ...................._..._____,,_______------------1138, 1643, 1644
Alexander, Tommy __.______________________._.___1471, 1671
Allcorn, Honorable Frank __.._______..._____.__....___.1145, 1653
Almand, Honorable Arnold ._______________._._....__......1529, 1668
Andrews, Honorable C. H., Jr. ..________________...._._._.1147, 1655
Arrendale, Honorable Lee ......__.__,________________1133, 1638
Auvil, Honorable Jesse H. ________._..____._.___._.__._._._...1144, 1651
Avans, Karen ._.______________________________1472, 1672
Baker, Honorable F. L., Jr. ........._____._.__._.___..__.....1149, 1657
Bankson, Honorable John ______...__.._______1137, 1138, 1643, 1644
Barber, Honorable J. Mac __.__.____._.....________________1142, 1649
Barber, Mrs. J. Mac ....____....______...____.______.__..1282, 1663
Barnett, Honorable James E. ......______..__.._________.__._1140, 1646
Barnette, Honorable Thomas J. _.___________________1149, 1657
Barrett, Dr. Robert B. ______.__...._________...______-..1283, 1664
Bashinski, Honorable I., Jr. __________.._..._____._._____._.1147, 1655
Bassford, Honorable L. B. _______________.____.___----1279, 1660
Bates, Mrs. Doris ____________.___.____________._______1139, 1644
Beall, Dr. Fred E. _________.....__.___._____.___..-.-..1134, 1639
Beasley, Honorable Walter George __.__.___.......____..__..1135, 1640
Beckum, Honorable Millard A., Sr. ____________.........1146, 1147, 1654, 1655
2032
INDEX
Beiswanger, Honorable George .._._...._._....._.....-..-..._.....--_______________ 1132, 1635 Billingslea, Honorable Albert _____________________.-...1149, 1657 Bishop, Honorable Gerald ......__....__._.___.____.____.____,,__._...1531, 1670 Black, Monte Joe .._.._.___________..............__..___.._....._1472, 1673 Blanchard, Honorable John Pierce _____..........___._._____...1134, 1640 Blaylock, Honorable Rodney H. _______________._________ 1141, 1647 Bolton, Honorable Arthur K. ...._______......______.__.__-1149, 1657 Bondurant, Honorable Emmett ______________________1527, 1666 Borden, Honorable Richard C. ______________________1145, 1652 Borders, Reverend William Holmes ....__..._.____1149, 1527, 1658, 1665 Bowen, Honorable Robert ______..___.__...___....___......._1528, 1667
Boyd, Dr. James E. ..........________________________..1142, 1648 Brady, Dr. Robert E. .__________..__._.._.__.__._._.........1279, 1660 Bramlett, Honorable Dan W. ..._.__.........._____....___._-----1530, 1669 Branch, Honorable Robert ______________________________1283, 1664 Bridges, James Thomas _________________________________________________1472, 1672 Brown, Marilyn Jane __________________________..1472, 1673 Brown, Honorable Robert K. __._.......__.______________.._.___1141, 1647 Brown, Major S. W. ________________________________________.______..._.. 1140, 1646 Brown, Dr. William G. ....._.,________.__._______1134, 1671, 1684 Bruce, Brenda Joyce ...........______________________.____.1471, 1672 Bryan, Mrs. Frances .._..__.....___________________.___1529, 1668 Buckner, Honorable W. Ernest _______________________..._....._.. 98 Budd, Roger M., Jr. .___.________________._____________..__.1472, 1673 Bugg, Randall _..._....._......_._____....__.__________________--1472, 1672 Bunch, Honorable Paul E. _______________________...1147, 1654 Burke, Honorable Sam ._..._.....___.___________________.__.1529, 1667 Burkett, Honorable Norman D. _.._______.....__._________...1136, 1642 Burns, Robert Lane, Jr. _________..._._________________..1472, 1672 Cain, Steve Lee _...._....________________......._.___._.__....--1471, 1671 Cain, Steven Lee .._..__._______.________._____________________..1471, 1671 Caldwell, Honorable Horace ___._____________________________1145, 1653 Caldwell, Honorable Robert Donald _________.....______________..1139, 1645 Camp, Wayne ___,,___...__________________________________.1471, 1671 Campbell, Honorable Phil __________________________1142, 1648 Carlton, Ken ...________________________..__________.1472, 1672 Carr, Dr. Wesley A. ________________________________________1135, 1641 Carter, Honorable T. E. ________________________._.......1149, 1658 Champlin, Honorable James R. _______...._..._.__..1131, 1141, 1636, 1647 Chapin, Honorable E. Y., Ill _.._________________________________1135, 1641 Chapman, Honorable Cecil W. _..._____________________1144, 1651 Christian, Mrs. Mozelle .._.._..._______________________________..._.1145, 1652 Clarke, Honorable Clifford M. _________________..___..1135, 1640 Clark, Honorable Glen W. __.____.._____________.___1148, 1657 Clark, Mrs. H. Sol _.___._________________________1133, 1638 Clark, Honorable William E. .____._......._____________1147, 1655 Clay, Mrs. Hunter M. ......___.______________________1281, 1662 Gofer, Honorable H. J., Jr. .____._.._______________.1133, 1638 Coles, Dr. W. C. __..........__._________________.__.... ....1283, 1665 Collier, Honorable Clarence H. ____._________________1149, 1658 Comer, Honorable John D. ____________________________1134, 1639 Conner, Dr. H. I. .....__._..__.____________.___.______1135, 1640 Constangy, Honorable Frank A. ...._._______..________._____.1134, 1640 Conway, Honorable H. McKinley, Jr. _________________1283, 1664 Goody, Steve H. ______________________._____________....____________.1471, 1672
Coogler, Honorable C. S. (Bo) __________._....__,,________.___1135, 1640
INDEX
2033
Coons, Honorable Carol W. .______.__.____-__-----__--__--1530, 1669 Cooper, Jerry ______________________________......__--------1472, 1672 Cooper, Honorable Lew R. _----..____-__--------------1137, 1138, 1643, 1644 Cooper, Paul Edward _____._..___-_.___________..__--1471, 1671 Cottingham, Honorable Clifford 0. --------------------.__.-__----1133, 1639 Counts, Honorable Charles ._._..--...._.._.__._..._____------------1132, 1637 Courington, Mrs. Roy ----___._.--.__,,....___..____.__._....._..1132, 1635 Cowen, Honorable Lindsey _...--__..______._________1148, 1657 Crews, Honorable Harry ...___..--..._--____________.____.1147, 1654 Crockford, Honorable Jack A. _________....____,__------------------1143, 1650 Cromartie, Honorable John ___________.__._______------..1281, 1662 Groom, Honorable Robert E. ...______________.______-____..1528, 1666 Crump, Randy __._.___----______.__.._____________.__-.1472, 1672 Culver, Honorable Arthur L. _______________________...._--------1140, 1646 Culver, Honorable John _..______._._______________1146, 1653 Dalton, Honorable Branson ___.._____.___._._._.______..1527, 1665 Daniel, Honorable W. R. ____________________________1144, 1651 Darby, Honorable Sanford P. __________________________......1144, 1651 Davis, Alien _______________________...._____________________._1471,1671 Davis, Honorable Alvin _.._.__.__._.._____._.__________.1145, 1652 Davis, Dr. Evan P. ___...._____._...._________............._..-1139, 1645 Davis, Honorable John Reginald _._.________.____.____--1135, 1640 Davis, Mrs. Lawton ___________________________________...--............1132, 1636 Davis, Honorable Ovid _____..________._____________..1146, 1653 Davison, Dr. Fred C. .....___.__________________._____..1141, 1648 Dawson, Honorable William ___________________..___...1146, 1654 Day, Honorable T. Mack .......__.._____.___.____________1147, 1654 Dean, Honorable Bob Wesley ...._...________________...__..__1136, 1641 Dean, Honorable Braswell .....___..______________.____..1134, 1639 Dehart, Honorable Garnett H. ._...._...__......___.___._______..1141, 1648 Dickey, Honorable Garland M. .__...._...__.___._______.___. 1528, 1667 Dodd, Honorable Lamar _________________......________..1131, 1132, 1637 Dollar, Honorable Hubert __.___________._______--1280, 1661 Dorminy, Albert, Jr. ______________._____.__._.______.....1472, 1673 Dorsey, Honorable Jack V. ________._____.._.____._.--1148, 1656 Dugan, Steve _....__------______._._.___.__._____----1472, 1672 Duke, Dr. Hoyt B. ___.__..____.________.________.1133, 1638 Dunaway, Honorable James C. ___..._........._....._....__.___.--..1131, 1636 Dyar, Honorable Hubert L. _________._._._.______....--___.1280, 1660 Elkins, Honorable Listen __..__._._____________________.--.1145, 1652 England, Honorable Ed ....________________________..1144, 1652 Engle, Cathy .......--------_.----------__________._._.__._._____...1471, 1671 Evoy, Honorable George ...___..____._____________....1145, 1653 Pagler, Randy __.__.._._______..._____________..___-1471, 1672 Farmer, Sherry _____________..______.____________...._..1472, 1673 Farrar, Janice Lynn ........_.______._____.__________1471, 1671
Fendley, Honorable Alton _________________________1131, 1637 Fields, Honorable Pat ___________________.________.___.1529, 1667 Finch, Honorable James H. ______.__.______._____._1132, 1637 Findley, Dr. Warren G. ,,..___.__._._.__._.___________.1140, 1646 Finney, Jimmy ..__.____________________________1471, 1672 Flowers, Larry Daniel --......__.____________________1471, 1671 Floyd, Honorable Woodrow W. _.____.____.___._______..1147, 1655 Forrester, Honorable Frank L. .____._______________..1131, 1636 Fortson, Honorable Ben W., Jr. _._______________.___1149, 1657
Franklin, Honorable Gary ..______._______.___.__..__.__1149, 1658
2034
INDEX
Franklin, Honorable Lamar .____..______...____1143, 1144, 1649, 1651 Frazer, Honorable Eley C. .........._....._....____.___..__,,__......1135, 1640 Freeman, Nancy ----____--______.___..............__------------1472, 1672 Frisbee, Honorable Lloyd E. ----_--------__.________.._____--1141, 1648 Fry, Honorable W. B. ----_____.......................................___..__----1146, 1653 Gaines, Honorable Roy ..........__________________________________....__--1282, 1663, 1664 Garren, Honorable Robert E. .........__.__--._____..___.__------------1527, 1666 Garrett, Jeannette ______-.____-_-_____._.._._-._..____--.--------_____....1472, 1673 Garrison, Honorable Searcy S. __.__..__....____.____________________.1131, 1636 George, Honorable Leonard M. ............__.._..............._--------1138, 1643, 1644 Gibson, Honorable H. Mitchell _____________.._..__________1528, 1667 Gilbert, Honorable Dwayne ........_.__.._........._........._.___._------1527, 1665 Gilbert, Dr. W. R. ____-----__--_____-----_____-___...1139, 1645 Gill, Mrs. Edith ...._____________.__.._..__..._--.._..----___.----1280, 1661 Gillis, Honorable Duncan __...__.___.__._________..----.--1146, 1654 Gillis, Honorable James L., Jr. ....__------------...._.1143, 1527, 1649, 1665 Goddard, Dr. James L. _______________________.__._____.______1141, 1648 Godwin, Dr. John T. ___________________________._____.----------------1148, 1656 Golden, Honorable James R. _________________.________-1148, 1656 Goldin, Honorable William James ..._________.._._.------------1149, 1658 Graves, Mrs. Amilee ..._.._____________..__.__------1137, 1138, 1643, 1644 Gray, Honorable J. Bowie _______----___.________________1528, 1667 Greenway, Honorable W. Clyde ________________.._.__...1530, 1670 Haight, Dr. A. R. ___________________.______._______------1139, 1645 Hailey, Dr. Chenault W. ______.___________________----.----1283, 1665 Hale, Honorable John W. ._________________________1143, 1650 Hall, Honorable Gordon ________________________...._...1135, 1281, 1640, 1662 Hall, Mike _______________________________________.___.1471, 1671 Hamilton, Honorable R. E. ..__.__...__._._....________....1140, 1646 Hancock, Honorable M. Larry ____________________________._.._.----.1135, 1641 Hand, Reverend G. Othell ________________________.__.1133, 1638 Hannah, Honorable Bob __________________.__----------....1146, 1654 Hansen, Dr. Arthur G. ___________..____1139, 1141,1283, 1645, 1648, 1664 Hardwick, Dr. H. D. _________.._________.____._._.____1139, 1645 Hardy, Honorable Jack ......_______._____.____.____.1145, 1652 Harrison, Dr. Edwin D. ....----______________________1142, 1649 Harrison, Honorable Robert W., Jr. __________._____1149, 1532, 1657 Harrison, Honorable T. Mills ____._______.___._______.1150, 1658 Haverty, Dr. Rhodes ___________________________.____1142, 1648 Heard, Marcia Gail ______________________...___.___..____1471, 1671 Henderson, Honorable Billy _..____________._____----.1528, 1667 Henry, Claude __--__---______________________--------.1472, 1672 Henry, Honorable Waights G. ....__...___._____._--------.-1134, 1639 Henson, Honorable L. O. (Pete) ____________________1147, 1655 Herrick, Dr. Allyn M. ....______.__._______________1279, 1660 Higginbotham, Honorable C. M. ._______.____________..1143, 1650 Hightower, Honorable H. B. ______________________...1279, 1660 Hill, Honorable Robert J. .________________________1280, 1660 Hinton, Honorable J. M., Jr. ________________________...1150, 1658 Holmes, Honorable Eric .___.____________....________.__1144, 1652 Holmes, Honorable Joseph ________________________----.1149, 1657 Hood, Carol Rebecca .________._..._______.._..______..__1472, 1673 Hopkins, Linda Kay ____.________.____.___----___..1471, 1671 Howard, Honorable R. S., Jr. ________________________1143, 1651 Howell, Honorable Hugh H., Jr. ___.____________.___..1280, 1661 Howell, Dr. Tom S., Jr. __________________________1283, 1665
INDEX
2035
Huber, Honorable Anton, II ..........._...._..----.----......_.___._._----.......----1140, 1647 Hudson, Honorable R. H. .--.--__________________..------1529, 1668 Hughes, Honorable Edmund W. ------------------_----._.--____.1148, 1656 Hughes, Dr. Robert M. _________----__--.__............_......--1280, 1661 Hulbert, William __--_.__------__--_______________________________..______1471, 1672 Hunt, Honorable Jerry ___________.__________________________ 1150, 1658 Hutcherson, Reverend Guy K. ___________...--_._....__........__-1133, 1638
Hutson, Honorable John L. .............._.._----.-.________________...--.1134, 1639
Isenberg, Honorable Jack _.....______..._.__...__.__...__------1529, 1668 Ison, Sandi ..............._.____.________.._...........-..-.-._.____.._.__._.....1471, 1672 Jackson, Dr. Calvin ..._.._._..._.____......._..._._..................._._.........1282, 1663 Jackson, Deborah ...._........_......_..._.__._____..........._....._.._...._...1472, 1673 Jackson, Pattie M. ----_____,,__.._.__.___......_....._.._..__..__--1472, 1672 Jarrard, Carol ............____.._......__.___...__.__._----..__._._.._...._........1472, 1672 Jarrett, Dr. Thomas D. ___._.___.._____....----.___________________--------.------1142, 1649 Jenkins, Mrs. Helen .........----_--------.__..............._.........----1530, 1670 Johnson, Dora ._.............___...._____------------_...._._.___....1471, 1672 Johnson, Eddie C. ----______.___----.----__................._....._.__.__----1471, 1671 Johnston, Deborah Lynn .__.____--____--_--_________.........----1472, 1672 Johnston, Mrs. Hilda _._____._------__-_____----_______--1531, 1670 Jolley, Dr. Fleming L. ____________.____..._--___________--__1148, 1656 Jones, Dr. A. P. ................__.__.........___.._...--__--__________1148, 1656 Jones, William Christy --..___--------__.________--------_____1471, 1671 Jordan, Honorable Howard, Jr. ----------___.__..__...__.1150, 1529, 1658, 1668 Kemp, Honorable Edwin S. ------------._--------__.___________1148, 1656 Kilburn, Dr. Galen B. ........._____________________________...1280, 1661 Kiley, Honorable Walter F. ______________-______________-__1279. 1659 Kineaid, Kenneth Michael ........._......_...._.____...... ._......____._.--------1472, 1672 King, Jeffrey --___--------._____.....____________________.1472, 1672 King, Sandy ----_----.----------____________________.__.1471, 1671 Kirkland, Susan Leigh _._...__....._._____--------...._...................1472, 1672 Kistner, Honorable David ..........----------------...._..........._------------____1143, 1650 Lane, Dr. J. Curtis ________._________------_____________1136, 1642 Lane, Honorable Mills B. ...._......----.__................------____------------1135, 1641 Langford, Honorable John S. __._______.___.._____--1528, 1666 Lanier, Ranee ............----_--------.--.._.._._._..._...__....__.._._._.___...___1471, 1671 Larmore, Honorable J. Carroll __----_________.__..__..__.___.._...._...1527, 1665 Leathers, Honorable V. C. ______________________________.--------1131, 1636 Leavitt, Dr. H. Douglas --...__..................___--------________.._...1141, 1647 Lester, Dr. Charles T. ....__.________________................_..1142, 1649 Letton, Dr. A. H. ----------_______________....._..._....___.._.....1142, 1649 Levison, Honorable S. Jarvin _._______________._____--.1134, 1639 Lewis, Honorable Curtis ...--___..._----.__._._______.._...1280, 1661 Livingston, Dr. D. M. ____--__.__.___________.__....._._._...._......1133, 1638 Lockamy, Susan Kay ................_--...._____..._....._.........__.....1472, 1672 Logan, Honorable Hugh ,,_..._.___.__.____.___.__._____..1147, 1655 Lowe, Lavoy ____________.______________________.1471, 1671 Lummus, Honorable Harold .._______....___...__....__...._.1281, 1662 Lunsford, Robert E. _------____.____.__........_____...._____1471, 1671 McCallum, Honorable James --....___...._.__.....___________.1281, 1662 McCluskey, Honorable George _.----------......__................_.._......1139, 1645 McCullough, Gary __........____________.__________..___.1471, 1671 McCullough, Honorable Glenn __________----...____.__.__1144, 1651 McDaniel, Honorable Charles Pope _____.__________....__1530, 1669 McDonald, Dr. Lawrence P. --..__..................__...._...._____.1282, 1663 McEwen, Thomas Welch _____.____.___._____._____.__1472, 1672
2036
INDEX
McLaren, Dr. John R. .__._.__.___.._...............__.__.............__1140, 1646 Maddox, Honorable Natt ....._____..__.......__..__...__1137, 1138, 1643, 1644 Magnus, Dr. Gerhard .....__._____________________________....----1132, 1635 Malone, Honorable Prank ....____________.____.....__........1142, 1649 Manganiello, Dr. Louis 0. J. ___...._._...._.....___._.___.-.--.....1137, 1643 Manners, Dr. George ..._...___...___.._________--..._.__...__..--......1281, 1661 Maret, Miss Sarah E. ............___.__________._......____1280, 1660 Marshall, Honorable A. C. ....__............____.__._____.__1281, 1662 Marshall, Dr. John D. .__......._._.__.__........__..._____._.._______.._.1136, 1641 Marshall, Mrs. Mary Lou _.__._______............._____.___....1531, 1670 Matheny, Honorable Kenneth B. _..........__..__....__........___.....1530, 1669 Matthews, Honorable Chappelle _.______.._________.__1143, 1650 Mauldin, Honorable A. T. __..____________....____.........._______._......_._1530, 1669 Mayo, Dr. Earl A. _..._.______._______..___._..__.___....._...........1137, 1643 Miller, Terry ...._...___......__.________._._..___._....._._._____.___.1472, 1673 Mitchell, Dr. Lane _._.__..._._.__...___..._...__.____._......._1143, 1650 Mobley, Nell Irene __.._..__......_______.___._._.___.1471, 1671 Mock, Honorable John E. ....__.____.....__._.________.....____________1149, 1657 Moreland, Honorable J. Y. ..._._._....__.._..............._.__.......___.....1530, 1669 Morrow, Honorable Elmer _____._..._._.___-._.-........_._.._.._._..._1B28, 1667 Moss, Honorable W. M. ..._..__..________..__:____..-....._.._.___________.......1527, 1666 Munford, Honorable Dillard ___.._._____._.._-.__._.._____---_.......1150, 1658 Murphy, Honorable William Jennings _____.___________1139, 1645 Myers, Homer _...._________.________.___.......___1472, 1673 Nails, Reverend Frank ______________.__._____.........1136, 1641 Nash, Thomas A., Jr. _........___.._______.........___..._.......1471, 1671
Nelson, Monty _.._._....__..._._______________________1472, 1673 Nichols, Paul Hooper, III _______.....___._.___._.__._..___...1471, 1671 Norman, Honorable Robert C. ....___...__._...______..._._....1140, 1646 Norsworthy, Honorable Calvin C. __._....___.________._1283, 1664 Nunnery, Dr. M. E. ............__._._._...._..__.._.____.__.._._.! 147, 1655 Gates, Honorable James 0. .__..____.__..__.____....___...1529, 1668 Odom, Greg ...________________._.___.......__._..........1471, 1671 Oliff, Katherine Claire ....__...._.......___._..___.___........1471, 1672 O'Rear, Dr. Harry B. ..........___......___........__._......._____1142, 1649 Orr, Karen .............._____.._________.___...______.__1471, 1671 Otwell, Honorable Roy P., Sr. __._________________._1133, 1638 Overstreet, John Clifford ________________________1471, 1671 Page, Lynn Elizabeth .........._._._._.._______.....______________..1472, 1672 Parham, Honorable Thomas M., Jr. ______________.___...1530, 1670 Payne, Dell .._..__.___...___.________________.............1472, 1672 Perrin, Honorable Joseph S. ..._.____________.___._._...1132, 1636 Perry, Honorable Kermit ________________________1529, 1668 Pfiffner, Honorable Harry _______________.________1132, 1635 Phillips, Honorable Alvin D., Sr. ______________.__...._1136, 1641 Phillips, Honorable John T., Jr. _.._.________....._..__.....1530, 1670 Phillips, Honorable Russell ________._____..__.__...__.1137, 1642 Piper, Lee Still ........-_._.....-._._......__._.__._.._.........__.........__.....1472, 1672 Pirkle, Dr. William P. ____________________1137, 1280, 1642, 1660 Pitts, Dr. A. R., Jr. ___....._.___________.__._...___.....1139, 1646 Poole, Lt. H. A. ...._________________.____........___.........1140, 1646 Pope, Honorable Ray _____________._____.....1148, 1527, 1656, 1666 Prosser, Honorable Bruce R. --.__________.....___.__._.1141, 1647 Pruett, Honorable Carl E. .......______________________.1136, 1641 Pye, Honorable L. F. (Johnny) _________.._______.__..1147, 1655 Quigley, Honorable Thomas H. .--________.._______.__1530, 1669
INDEX
2037
Ragsdale, Major B. G. __________________________1140, 1646 Ray, Honorable Jack B. __________________________1134, 1639 Ray, Honorable Richard ________________-._________.1527, 1665 Reddy, Mrs. Ruth ___......._______.___.__....__....___.....1134, 1639 Register, Honorable E. B. ........______..____._______.....1133, 1638 Rhodes, Honorable C. L., Jr. ___.__...._...__..._.._._..._._________.__1137, 1642
Rhodes, Honorable Travis ________________________1132, 1636 Robinson, Honorable Glen P., Jr. ....________.__...........___1142, 1648 Robinson, Honorable W. A. ....___________________.._.1140, 1646 Roundtree, William Randall ...._...____....___.__.._.._....._....._....1471, 1672 Rushton, Honorable Luke R., Sr. _______.____._____.......1140, 1647 Ryan, Honorable M. 0. _________._____............._.............1144, 1652 Satterfield, Dr. E. Wayne ._.___._____.___..._.__...___._.__._...! 134, 1639 Satterfield, Honorable Neil B. ......_...._.__._.__....___.__._..____..__......._...1528, 1667 Schmid, Honorable Harry E. _._____.___________.__....1527, 1665 Schmidt, Honorable Stephen J. ......____.....__.._.........__........1528, 1667 Schott, Mrs. Marguerite Ewing __________________-....1136, 1671 Serrate, Dr. J. C. __....._....._._._._..____.....__...._____......____.1282, 1663 Shadburn, Honorable Morris L. ......_.___._...___.._._._._.____.__......1135, 1640 Shaw, Honorable Robert __._.__...._......._._....._..._.__......._..1132, 1637 Shedd, Katherine -_.__-__-_._______-.-___...__.._....--1471, 1672 Shipley, Honorable Norman M. .._______.__.__..1148, 1528, 1656, 1666 Shirley, Honorable A. Ray ......__._.___..._........_..............._...1144, 1651 Short, Honorable Jack ...._______.__.____.___....__...___.1529, 1668 Shorter, Honorable Edward S. .............._..__._.__......._.__.____1131, 1637 Sikes, Ellis Daniel, Jr. .___________________......._.......1472, 1672 Skinner, Honorable J. V. _..__.__._.__............__.__._.__..._.......1281, 1662 Smith, Mrs. A. B. .............___________.......____.......___.......1137, 1642 Smith, Honorable Hoyt _______._____._____...._..._._..__.__1529, 1668 Smith, James B. _-__.____._____.....___.____........__........1472, 1672 Smith, Honorable James F. ._____...._._............____...._..____..______1147, 1655 Smith, John Andrew _.__.....__,,__.__..._...___._....__.........__._._._....1471, 1672 Smith, Honorable Stanley T. ___.__.._._______________.__.__1143, 1650 Smith, Honorable William T., Jr. _____..._.....____.__._..._..........2006 Spinks, Honorable Ford ,,._._......._.._._._.__._.........______________1145, 1653
Spurlin, Honorable James .__.____._.____.____.._._._._._..._...1531, 1670 Standard, Honorable Carl A. _____...__._______......__......1150, 1658 Statham, Honorable Fred ...__.__.._________.___._.......1143, 1650 Staven, Honorable Leland __...__.....______________...___._._.1133, 1637 Stewart, Honorable H. M. ..,,..._.,,_.__...........__.__...1137, 1138, 1643, 1644 Stewart, Honorable J. Auvel _____________________..1136, 1641 Still, Jane .._-_..-_.-._.,,-.._._..._._.___________.._________1471, 1671 Stovall, Honorable Calvin ....________..________...__....1131, 1636 Strickland, William Bradley ...._.._......__._...._.._..........__....._._..._.....1471, 1671 Stubbs, Honorable Robert S. ____.________.________.1148, 1656 Studer, Dr. William ....___._________.........______.__.....1281, 1662 Styron, Honorable Steve __..._....___...._._.__.._.__......_._.__...1145, 1652 Suder, Miss Lillie L. ..._.___.____________._.___.__.....1529, 1667 Suttles, Dr. William M. __.___..___________________1142, 1649 Sutton, Dr. J. Frank ...__.______.__.._._...._.._.__......._......._.._._..! 142, 1649 Tate, Dr. Horace -__--____.-_..____...._____......_.__._...__.1282, 1663 Taylor, Honorable Colan ____________.___.........................1531, 1670 Taylor, Honorable Wyndell L. ____________..........._.............1131, 1133, 1637 Templeton, Honorable C. O. ____._____...__.............____1531, 1670 Thiele, Honorable Paul F. ....._______....._......_......._._____1144, 1651 Thurmond, Honorable Charles __._-...__._..................__._.______1279, 1660
2038
INDEX
Tiller, Honorable William R. .______...___________.__...1140, 1647 Tillman, Honorable Curtis V. ...._.________________..._......._1148, 1656
Tindol, Honorable R. L. "Red" ..___.__._.___..__.__.____1281, 1663 Todd, Elizabeth Lynn .........._________......__.............__......1472, 1672 Travis, Honorable L. Edd ..........__.___.....1138, 1282, 1643, 1644, 1663, 1664 Trimble, Dr. Hassie H., Jr. ..____._.-___....____.._.---.___..____.1139, 1645 Tucker, Honorable Clack ..._____...__.........______...__.._.__ 1145, 1653
Tucker, Honorable H. Park ____.._......._...___..._.._._.....1150, 1659
Tucker, Honorable Reeder ____.............___..........____.......__..1136, 1642
Tudor, Honorable Hugh Eugene ._____--.____-_---__--.__...1279, 1660
Tumlin, Dr. Jack
__._.._._____.__...._._____,,___--.--_.--_____..__ 1283, 1664
Turner, Honorable C. Clayton __._.._._._........._.__________..1151, 1659
Turner, Cynthia -.._.. ...._.__..._..._____...._____________.__1472, 1672
Turpen, Honorable L. R., Jr. ......_..________________________...__.......1139, 1645
Turpin, Honorable William H. ........_.......__.______...._....___1150, 1659
Tuten, Janice Elaine ____________...._____.....______________...1471, 1672
Van, Honorable Carl ____________....__..__________.--.______....___......1146, 1654
Varner, Sharon Lynn .........__._......._...._.._...._..._____._.___,,___.__ 1471, 1671
Vickers, John IV
._.________.__.________._______..__-_-_._.__.____._.1471, 1672
Vickers, Honorable Walter __________________________1146, 1654
Vigetl, Honorable Gudmund ___.._...._._____...-._.__...._..___.___..___.____1132, 1636 Wade, Honorable Donald ___.__...._.........__--__..._____.........1133, 1638 Wainer, Mrs. Alex _..__.____......._.._._......______.____________________...1132, 1637 Waites, Richard C. ___.._.______.__......._______..___......__......... 1472, 1672 Walker, Honorable Charles E. ___._._______._._._..._._1150, 1280, 1659, 1661
Walker, Gene __.___....._.._........________._._..._.__...._._............1471, 1672 Walker, Honorable L. Cohan ....__.______.........._.._........_.._._..1530, 1669
Wallace, Honorable C. M., Jr. .__.__._._..._.....__......._......._....1281, 1662 Walraven, Dr. Harold C., Jr. ..___..._..._..-_._-_._..._............._......_. 1279, 1659 Warner, Honorable J. H., Jr. _____._......._...1138, 1282, 1643, 1644, 1663, 1664
Watkins, Mrs. Grace ......____._____....._.__.__..._.__....____.._______._.1146, 1654 Watson, Honorable H. B. ________.......___._____.__.__......_.1141, 1647 Watt, Honorable Charles _._.__._..__.__....____-_____._.__1528, 1666 Weathers, Honorable Douglas _...____....._~~_._.___.___.--..1150, 1659 Weaver, Honorable R. W. ....______.___...__.___________.__.._.. 1143, 1650 Weeks, Honorable Howard L. __.___.........._______...._.._...1530, 1669 Welch, Honorable H. Oliver .____.............__.........__....___________.1281, 1662 Werner, Honorable George V. ___._____..__.._......_...__._._.._____1150, 1659 Wesberry, Dr. James P. ........_______..............___...1150, 1280, 1659, 1661
West, Honorable William M. ..___._.__.____..._._.__._.__.__..1283, 1664 White, Honorable J. L., Jr. ...________________________..._........_.___1136, 1642 Whitsett, Honorable Ed _______.._._...._._.............._.._.__.._...._......_..1529, 1668
Whittle, Honorable Joseph A. _..._..___._....__...___________..__..1134, 1639 Williams, Dr. Charles L. ..._...__._......._............_...._____...1141, 1648 Williams, Honorable Thomas G. _....____.._.____...._.______..1137, 1642 Williamson, Honorable Jimmie _._....___......_...._...________________.1279, 1660 Willis, Honorable Osgood ______.._..____......._..._.._...._._....._...1146, 1653 Wilmer, Honorable Grant ______________._________.1150, 1659 Wilson, Robert N., Jr. ........._.._.__..____________._....________.1472, 1673 Wingate, Dan --.-.___.__.._._.__________._._________1472, 1672
Wingfield, Honorable John K. _______________.______.....1136, 1642
Woodall, Honorable Allan, Jr. ......._._...........__._.__._....._...__1137, 1642
Wright, Mrs. Mary M. _..__________._.____...___1139, 1280, 1644, 1661
Yandle, Honorable Hoyle R. .__._.._.____._..__._...__.__..__.1135, 1640
Yarbrough, Roland .....__...___._.._.._.._________________...1472, 1672
INDEX
2039
Yates, Honorable C. R. _____.____._.__.._____________1131, 1636 Zapico, Honorable Fred __________.___.._______-_._..1144, 1651 Appropriations Bill; House procedure in consideration of, HB 142 __.._______.___.___________-_.-...._-915, 916, 939, 1103, 1189 Appropriations; constitutional provisions, SR 9 _________________--_____51, 74
Appropriations for Operation of Government; supplemental for remainder of 1969, HB 76__________.....335, 345, 395, 399, 527, 555, 559, 560, 654, 668
Appropriations for Operation of Government; 1969-1971, HB 77 ___________.___._____1418, 1419, 1430, 1463, 1677, 1725, 1760, 1798, 1813, 1833, 1836, 1916, 1977
Appropriations, Supplementary; hog cholera indemnities to livestock indemnities, HB 844 ___.......__1534, 1541, 1579, 1679, 1725, 1758
Archaeologist, State; historical commission appoint, SB 146 --... 287, 308, 399, 526, 563, 1753, 1828, 2024
Archives Department; methods of preserving records, SB 277 .._ 1214, 1314, 1322, 1409, 1484, 1834, 2025
Armed Forces, Officers; income tax exemption, SB 108 ______194, 211, 227, 275, 302 Armed Forces Personnel; income tax exemption, HB 333 _________.385, 391, 523,
1274, 1375 Armed Forces Retirement; prior service
credit, SB 60 ___--_._.____________________._...._..118, 139, 1222, 1327, 1343
Armed Robbery; change definition and penalty, HB 719 ._.1035, 1041, 1097, 1555 1633, 1754, 1954, 1975, 2003
Arnoldsville, City of; incorporate, HB 634 ______722, 729, 804, 899, 965, 1037 Arraignment Date; criminal cases, trials, SB 10 ______________________ 42, 43, 1389, 1405 Arrest Powers; peace officers, HB 331 ________......____.851, 856, 891, 1204, 1275 Art Commission, Georgia; members' expenses, SB 266 _______ 1039, 1096, 1322
Artesian Wells; tapping requirements, HB 23 __________.240, 250, 295, 551, 599 Articles of Dissolution; Corporation Code, requirements
for filing, HB 863 ..__________________________________.__1559, 1564, 1582 Ashburn, City of; new charter, HB 612 _________._______.______1084, 1090, 1162, 1196, 1227 Assistant Administration Floor Leaders; appointment of ____________.___.___.112 Athens City Court; special investigation,
HB 996 ___________....._...__...._._...______.___________.1559. 1565, 1582, 1737, 1751 Athens High Football Team; commend, SR 40 _________.._____.._________..__.__.202 Athens-Monroe Highway; naming, HR 37 __._______________193, 197, 213, 229, 276 Atkinson County Commissioners; compensation,
HB 836 ________________.__-_.____________________.1086. 1093, 1164, 1683, 1695 Atkinson County; sheriff, compensation, HB 821 ____1085, 1091, 1163, 1683, 1694 Atkinson County; superior court clerk,
compensation, HB 820 ______________________________...__...1085, 1091, 1163, 1683, 1694 Atkinson, Mrs. Minnie Lee; compensate, HR 54 ______._.572, 581, 606, 620, 710 Atlanta Chiefs Soccer Team; commend, HR 198 _______._____________._____.._...._____.514, 538 Atlanta, City of; admission fee to zoo, HB 630 _______ 1722, 1724, 1743, 1905, 1963 Atlanta, City of; amend charter to add Ombudsman, HB 49 ______ 384, 389, 522 Atlanta, City of; close and clear certain properties, HR 187 _______.1213, 1218, 1317 Atlanta, City of; corporate boundaries, HB 957 ___._1423, 1428, 1503, 1804, 1884 Atlanta, City of; criminal court, salaries of assistant
solicitors general, SB 77 _______._.__.__122, 142, 604, 622, 688, 1154, 2022 Atlanta, City of; election of aldermen and education
board, HB 187 _________..__._._.__..___________________.__..174, 181, 201, 328, 358, 381
Atlanta, City of; firemen, pension eligibility, SB 53 _______ 117, 138, 897, 942, 1032,
1154, 2026 Atlanta, City of; hotel, motel tax, SB 203 ._-_______._________________542, 583 Atlanta, City of; Housing & Redevelopment Authority, SB 36 ,,____________81, 104
2040
INDEX
Atlanta, City of; land conveyance from Clayton County, HR 352 _._____..________...1708, 1712, 1742, 1805, 1978, 2017
Atlanta, City of; pension credit for State employment, SB 43 ______101, 123 Atlanta, City of; pensions, credit for
prior service, HB 154 ________________173, 180, 201, 898, 949, 1354 Atlanta, City of; police drivers exempt from tort liability, SB 251 _.._929, 1003 Atlanta, City of; police pensions, SB 57 ___.____._.______-_-----__118, 139 Atlanta, City of; police pensions, SB 80 ____130, 142, 897, 944, 1032, 1155, 2022 Atlanta, City of; primary elections, HB 381 _,,______724, 730, 804, 914, 1609,
1799, 1839, 1915, 1975, 2021 Atlanta, City of; regulate Sunday sales on premises, SB 288 __-1521, 1573, 1680 Atlanta, City of; schools close election days, SB 118 _____________.210, 226 Atlanta, City of; unfit dwellings, relieve tenant
of rent, HB 521 ....._......_._.___._._._...__..____..__.__...____.__...-568, 577, 617 Atlanta Criminal Court; filling of vacancies, SB 99 .______177, 198, 897, 945,
1032, 1616, 2023 Atlanta-Fulton County Compensation Study Committee; create,
SR 76 ___________............._.__..__.___..__..545, 585, 900, 1030, 1054, 1617, 2025 Atlanta-Fulton County Governments Study Committee; create,
SR 148 ......__________.__________________.___________.______.1570
Atlanta-Fulton County Tax Assessors; continue assessments, property tax, SB 204 ._....__._,,_.______.__....__.___.__.___-543, 583
Atlanta; Highway Department schedule repairs at certain times of day, SR 54 _____________._.________________._.___...._______..249, 294, 561, 702
Atlanta Housing Authority; additional members, HB 445.......____ 318, 326, 354, 1030, 1057, 1212
Atlanta Judicial Circuit; assistant district attorneys, HB 386__.__.283, 291, 311, 898, 951
Atlanta Municipal Court; judges, filling of vacancies, SB 133 _____________________________________________248, 293, 898, 946, 1032, 2019, 2024
Atlanta Municipal Election Commission, create, HB 382.--__..283, 291, 311, 1857, 1866, 2012
Atlanta Rapid Transit; relating to contracts, SB 162_______323, 351, 604, 624, 660, 1688, 2024
Atlanta, State Income Tax Return; city receive information from, HB 548 .___.._...________________________1721, 1723, 1743, 1905, 1962, 2012
Atlanta, State Income Tax Return; city receive information from, HB 549 _-___.______......________________-_..1721, 1724, 1743, 1905, 1963, 2013
Attendance, Compulsory; public and private schools, HB 156 ______________________..._______.....__..340, 345, 395, 842, 876, 1425
Attendance Records, Schools; teacher certify, HB 271 -__--__-.__________ 925, 930, 1004,
1129, 1385, 1803, 1841, 1890, 2003 Attorney General; jurisdiction, State authorities,
HB 385 ___________________.________,,_._.___,,,,__341, 346, 396, 1383,1460, 1569 Attorney General; revise constitutional provisions, SR 8 .__,,__._.51, 73, 1389 Attorneys; admission to bar, educational requirements, SB 253 _____.996, 1042 Attorney's Fees, Divorce; paid by party at fault, SB 152..______.321, 350, 867 Attorney's Fees; relating to answering interrogatories, HB 163__-___ 687, 726,
801, 1806 Attorneys, Out-of-State; admission to Bar without examination,
HB 318 _____________________________________________________________.281, 289, 310, 563, 592 Augusta, City of; general election, change date, HB 621____721, 728, 802, 1099, 1172 Augusta, City of; joint city-county tax assessor board, create,
HB 886 _-__________-_____________-___._____________1711, 1712, 1742, 1905, 1966, 2014
Augusta Judicial Circuit; assistant solicitor general, compensation, SB 144 ____________.___________.286, 307, 1367, 1436, 1566, 2017, 2024
INDEX
2041
Augusta Judicial Circuit; district attorney, salary, SB 143 ._.._.____..__----____.-.--286, 307, 1367, 1435, 1566, 1916, 2024
Augusta Judicial Circuit; judge's secretary, compensation, HB 308 ._-_.------_----_.----_----__...__.__.__----__.566, 575, 615, 738, 808
Augusta Judicial Circuit; senior judge, supplement, HB 595 --_----.-- ------__----------------__-924, 931, 1005, 1099, 1171
Augusta; Masonic Hall Trustees, amend incorporation, HB 704 ----__----------------------._-__.------__-.-884, 888, 939, 1099, 1174
Austell, Town of; change corporate limits, HB 502--__---------- 845, 856, 891, 1479, 1510, 1674
Authorities; allow State to abolish and incur indebtedness, SR 13---------- 71, 85 Authorities, State; attorney general's jurisdiction, HB 385 ....___ 341, 346, 396,
1383, 1460, 1569 Authors' Week in Georgia; designate, SR 83 --------------613, 675, 867, 902,
989, 1756, 2025 Automobile License Tags; credit on second purchase, SB 122 ......__..,, 224, 258, 400,
535, 553 Avondale Estates, City of; expand city limits,
HB 983 --_......__--------------_____._----__-1488, 1499, 1577, 1737, 1750
B
Bacon County; ordinary, compensation, HB 531------.__569, 578, 618, 1804, 1868 Bailey, Honorable Jackson; commend, SR 120 ----------------------------.-1273 Bail; juveniles' right to, HB 590 -----------------1561, 1563, 1581, 1806, 1910
Bainbridge City Court; change to Civil and Criminal Court of Decatur County, HB 829-_----------_.._..----_.1086, 1093, 1164, 1369, 1452
Baldwin County; Commissioners, compensation, SB 213 --------.__-------------------------- 612, 675, 738, 806, 880, 1087, 2024
Baldwin County; land conveyance, Forestry Commission to Public Safety, HR 307 --------.__,,.__--------_----_...._1568, 1572, 1690, 1736, 1820
Baldwin County; land conveyance, HR 201 ----------------611, 614, 676, 841, 876 Baldwin County; State lease to Education Board,
HR 200 --_--_._- --------__.----------------610, 613, 676, 841, 876
Baldwin County; State lease to J. P. Stevens & Co., HR 234 ..___..__-__,,_.....__----_.__1558, 1565, 1583, 1805, 1898
Baldwin, Mr. Robert Lee; compensation, HR 89----------_-572, 581, 606, 620, 712 Ballots, Challenged Absentee; counted as other challenged ballots,
HB 258 --------__--------__----------------------223, 226, 260, 355, 507 Banking Laws Study Committee; create, SR 147 ..__-._...___________1570 Banks: abolish private banks, limits on branches,
SB 202 ------------------------------542, 562, 583, 701, 719, 1374, 1484 Banks; conversion of certificated banks to chartered banks,
SB 190 ----------------..------..--------------389, 522, 562, 601, 660, 1687, 2023 Banks; determination of final payment, certain items,
SB 156 --------------_----__--.322, 350, 866, 875, 880, 902, 989, 1687, 2023 Banks; hold shares in certain investment
companies, SB 194 --------.__----._----.515, 547, 1104, 1185, 1205, 1688, 2023 Banks; increase in certain common stock, SB 157--322, 350, 562, 602,660, 687, 2023 Banks in Liquidation; disposal of deposits to cover claims,
SB 198 --------------------------__-----541, 582, 622, 701, 766, 1617, 1809, 2023 Banks; loan limits, exemptions, SB 155--------.321, 350, 622, 700, 766, 1687, 2023 Banks; reserves invested, SB 50----------.------117, 138, 161, 188, 207, 1212, 1889 Banks; state depositories be members of Federal Deposit Insurance
Corp., HB 144 _...._._--------------------------__-540, 545, 585, 1274, 1385
2042
INDEX
Barrow County; clerk of commissioners, salary, HB 444 ----__--__.._...------... .....-------------.318, 326, 354, 605, 637
Barrow County; sheriff's office; salaries, HB 338._____________245, 257, 300, 605, 631 Bartow County; commissioner, provide clerical help,
HB 891 _________________________..____.________.____1306, 1312, 1363, 1480, 1518 Bartow County; sheriff, compensation, HB 890 .---1305, 1312, 1362, 1480, 1518 Bartow County; tax commissioner, additional personnel,
HB 892 ______.__.__.......___.__._______________1306, 1312, 1363, 1480, 1519 Ben Hill County; create county depository,
HB 834 -__.___.___.________.._______-_._______._._____.______-__..1086, 1093, 1164, 1196, 1233 Bibb County Board of Education and Orphanage; employees not have
other employment, SB 75 __________.___134, 159, 228, 261, 301, 1617, 1997, 2026 Bibb County; board of election, provide for, HB 705..........920, 933, 1006, 1480, 1511 Bibb County; commissioners set own salary, HB 810 1034, 1042. 1098, 1480, 1513 Bibb County-Macon Hospital Authority; State convey easement to,
HE 199 _-_-__.__-._._________~-__________._...----723, 730, 804, 914, 1016 Bibb County; receive tract of land from State,
HE 178 ..__._______._.__.._____._................._..........723, 729, 804, 1274, 1370 Bibb County State Court; clerk, change bond, HB 760 ......923, 937, 1009, 1196, 1230 Bible, Sales Tax; ratify executive order, HE 304 ..____1491, 1501, 1578, 1679, 1813 Bicentennial Celebration, National; create Georgia Commission,
HE 251 __________._________________________._.__1036, 1042, 1098, 1320, 1415, 1560 Bill Jones Dodge City, Inc., compensate, HE 52 ...........1376, 1378, 1418, 1431, 1546 Bill of Eights for Senior Citizens, SE 96 -...-886, 938, 1010, 1101, 1205, 1835, 2024 Bio-Technology, Institute for Eesearch; create,
SB 263 ___________________________________ 1038, 1096, 1322, 1463, 1566, 1835, 2026 Birth Certificates; issuance of amended, HB 262..____--___540, 545, 585, 621, 1894 Blackburn, Honorable Ben B.; address Senate, SE 30 ....._...._.___.__190, 220 Black Eock Mountain State Park; grant easement,
SE 102 _..____--..______________ 929, 1003, 1383, 1410, 1484, 1902, 1908, 2025 Blackstock, Mr. J. L.; compensate, HE 229 _...__--_..1087, 1094, 1165, 1319, 1397 Blanchard, James Walter; regrets at passing, SE 12 ......_..._....________55 Bleckley County; commissioners, compensation, HB 794--994,1002,1047, 1100, 1184 Bleckley County; ordinary, compensation, HB 665 ............. 848, 860, 894, 1368, 1440 Bleckley County; sheriff, compensation, HB 795 _...-..__994, 1002, 1047, 1100, 1185 Bleckley County; superior court clerk, compensation,
HB 673 ._.__.__..-- -_.____--__.______848> 861, 895, 1368, 1443 Bleckley County; tax collector, compensation,
HB 666 __._..__________..__-_________.________.__________._________848> 860, 894, 1368, 1440 Bleckley County; tax offices, consolidate,
HB 669 __...__.____.._._..__._____.___-_-__-___.______________.________848l 860, 894, 1368, 1442 Bleckley County; tax receiver, compensation, HB 668 ......848, 860, 894, 1368, 1441 Blind, Deaf, Mute Children; education and rehabilitation,
HB 250 __________________________.__.__.______..._____.______.___341, 345, 395, 562, 591, 927 Blind Operated Vending Stands; define terms,
SB 116 ________._.____.__.___________._____.__.209, 226, 355, 505, 538, 1722, 1757, 2023
Blood Banks, Eegulatio-n of; committee to study, HE 273.._._._.__-.1535, 1543, 1580, 1681, 1992
Blood Tests; percentage of alcohol in blood, drivers, SB 92--176, 197, 261, 315, 336
Blue Eidge Judicial Circuit; employ court reporter, HB 274 __.._--____--_____________--_.__..___--._____________795, 798, 864, 1204, 1268
Blue Eidge Parkway; Highway Department acquire rights of way, SB 238 _----__.__._______________________________ 853, 889, 900, 982, 1032, 1688, 2026
Board of Examiners of Plumbing Contractors; employees, duties, HB 653 ______._..________-_------._------1467, 1495, 1574, 1803, 1995, 2006, 2022
INDEX
2043
Boilers; safe construction and installation,
HB 514 ____________________________.__________._.--1467, 1495, 1574, 1802, 1844
Bond, Mr. Jimmy D.; compensate, HE 19 _______________-572, 581, 606, 620, 706
Bond, Posting; cash accepted, HB 46 ____________________153, 156, 184, 331, 502
Bond Proceeds, County; authorize investment of,
SB 182 __.___________._.____.___.___.._____,,_,,_.____ 387, 520, 562, 601, 660, 1688, 2024
Bond Proceeds, County; authorize investment of,
SB 182 ______________________________ 387, 520, 562, 601, 660, 1688, 2024
Bond; required to enjoin public improvement, HB 866___1492, 1496, 1575, 1692, 2001
Bonds, County Construction Contracts; change provisions,
SB 150
______________________ 305, 326, 1321, 1370, 1484, 1756, 2024
Browne, Frederick Douglas, Jr.; commend, SR 63 __----------_------__-----------400
Brunswick City Court; change name to Civil and Criminal Court of
Glynn County, HB 930 _____________________________________1351, 1358, 1433, 1804, 1876
Brunswick Judicial Circuit; provide secretary for each judge,
HB 205 ._._.._,,._____.____.______..__________,,.___---__-___--_- 920, 929, 1004
Bryan County; deputy sheriffs, compensation,
SB 240 .____.__________________________.___________854, 889, 1030, 1052, 1151, 1424, 2023
Budget Procedure; provide information on new programs,
HB 11 ._________._______________.______________.__________1304, 1309, 1360, 1418, 1473, 1710
Budget Report; working reserve funds, SB 22 ____________.___.51, 73, 107, 127, 144
Buford City Commissioners; election, SB 244 ________________ 885, 937, 1030, 1053, 1151,
1707, 2525
Buford City Court; abolish, HB 292 ___.__....______ ________-566, 574, 615, 738, 807
Building and Loan Act; define certain terminology,
HB 629 _________________________________________.__.1560, 1563, 1581, 1682, 1818
Building Authority, Georgia; security guards employed,
HB 499 ________________________________-____________.______1492, 1495, 1573, 1678, 1843
Building Authority; parking space for General Assembly members,
SR 104 ..._-.._.____________________________..____.997, 1043, 1417, 1456, 1566, 2020, 2025
Buildings, Public; accessible to physically handicapped, SB 119 _______.___..._ 223, 258
Buildings, Public; accessible to physically handicapped, SB 147 _________________ 287, 308
Buildings, Public; accessible to physically handicapped,
HB 260 ......_____________ 341, 346, 395, 552, 588, 647, 658, 724, 764, 1211, 1269
Buildings, Public; unlawful to block entrance, exit,
SB 285 ______._____________________________________._____.____1356, 1382, 1430, 1482
Burke County; commissioners, compensation,
HB 857 _._...__-________________.______..___.________._____.__1209, 1216, 1315, 1480, 1517
Burke County; ordinary, compensation, HB 307 _________...243, 255, 299, 605, 631
Burke County; sheriff, compensation, HB 393 _____________304, 305, 327, 605, 633
Burke County; superior court clerk, compensation,
HB 306 _________________.______.__.._.______.._________._-_._____243> 254, 299, 605, 630
Burke County; supplement Augusta Circuit senior judge expenses,
HB 595 ___________________________________________________...924, 931, 1005, 1099, 1171
Butts, Mr. Ben W.; compensate, HR 83 .______________________..850, 863, 897, 941, 1393
Butts County; commissioners, assign additional duties,
HB 491 ____________________________________________________________...571, 575, 616, 898, 956
Butts County Courthouse; maintenance funds, HB 493 __.513, 519, 550, 898, 956
Butts County; create new education board, HB 875--1422, 1426, 1502, 1556, 1587
Buyers of Goods; protect, HB 362 _________________________._____1115, 1116, 1166, 1195, 1386
c
Cagle, Mrs. Doris; compensate, HR 260 ____________________.1377, 1378, 1418, 1431, 1551 Cairo, City of; extend corporate limits, HB 526 ________________568, 577, 617, 738, 812
2044
INDEX
Calhoun, City of; redefine corporate limits, HB 966 __..--.....-----------__-___-__-___1423, 1429, 1504, 1557, 1598
Camden County; certain employees, compensation, HB 284 _._._._--------________.___......... _..-..__.___..___242, 252, 297, 1804, 1863
Camden County Planning Commission; create, SB 230 ._._._..._..___....726, 801
Camden County; tax offices, consolidate, HB 287 ._---,,..-. -- ...-_............__242, 253, 297, 1804, 1864, 2012
Camden County; zoning and planning laws, HB 686 ..........924, 932,1006,1744, 1894 Camden Recreation Authority; create, SB 228 ....__.............._.....__........726, 801 Camden Recreation Commission; create, SB 229 ....___...._.___...__...726, 801 Campbell, Honorable J. Phil, Jr.; commend, HR 100 .....__.__-_______--_____175, 202 Campbell, Honorable Phil; remarks ___...___._________.._____._.10 Cancer Control Month; designate April, HR 318 ..........__.___......_....1211, 1234 Candidates; time to qualify, SB 37 _.__-_,,___________.._______..81, 104 Candler County; commission clerk, compensation,
HB 675 _________.___.___________..._..-._.--_.--------.848, 861, 895, 1031,1065 Candler County; ordinary, compensation, HB 676 .......__849, 861, 895, 1031, 1065 Canton, City of; councilmen, election, HB 701 .......................924, 933, 106, 1099, 1174 Capital Punishment; abolish death penalty, SB 282 _.._._~_~..-_~1356, 1430, 1481 Capitol Grounds; allow American Legion to place freedom flame on,
HR 222 __________...--___.----.--------_----..____......................723, 730, 804, 879, 911 Carrington, Mrs. Hollis; compensate, HR 232 .....__..1087, 1094, 1165, 1319, 1399 Carroll County; failure to return taxes, HB 434 ....__,,__._.318, 325, 353, 1367, 1474 Cartersville, City of; reincorporate, HB 918....--..1422, 1427, 1502, 1556, 1590, 1710 Carver, Honorable Gail Luke; commend, SR 169 ......._.._._._.._..._____......-1889 Carver, Honorable Gail Luke; commend, HR 461 __________________.______1891, 2011 Cash Bond; acceptable as security, HB 46 _........_..___....__153, 156, 184, 331, 502 Castleman, Honorable Henry; elected Senate Doorkeeper _......_______....__.8 Catoosa County; commissioners, salaries, HB 302 ................. 243, 254, 298, 328, 363 Catoosa County; sheriff, salary, HB 301 ______..._.--....243, 254, 298, 605, 631, 852 Cave Spring, City of; reincorporate, HB 899 ........1307, 1312, 1363, 1556, 1589, 1710 Cemeteries; registration and regulation, HB 62 ..__......153, 157, 184, 678, 758, 852 Central Accounting Department, State; create committee to study,
SR 153 ___----_._.___--..--......___._...--_..-.----.__._._.._._.............._...._...__.1571 Central Records Office; school attendance compiled,
HB 271 ................--__..........._.. 925, 930, 1004, 1129, 1385, 1803, 1841, 1890, 2003 Certificate of Title Act, Motor Vehicle; lien records,
HB 288 ........__...._--_----.___--___..._.____._385, 391, 523, 562, 838, 915, 916
Chaplains: Adams, Reverend A. Ray ..............._._............._......__..________...720 Alston, Reverend Robert M. ____________________________________________..___._______...22 Ballard, Reverend Jack ......__-_-.._._......_...._._._._.__..._..___._.....__....... 400 Barlow, Reverend Max ._.._._____.______._.__...._._......_...__....._._._____________.1066 Bowman, Reverend Gene T. _________________......_.....___________._._...__-55 Brown, Reverend J. L. ......_....___.._...._...__.....__.____.__.._.____.41 Burgess, Dr. J. R. _____..--__............________.________._._._____.______.___-__1234 Burrell, Reverend James _._..__.........__.....___.___.__.__.._.___._._....._._.._____.._.1369 Carter, Senator Hugh ..........__.__._.___.___.__.._________.__302 Cochran, Reverend Leonard ___----_--____.__._._._.._._.._..____._______.___-...... 203 Davis, Reverend C. Edward ........_..............._......._._..._______________________.......1323 Davis, Reverend Richard ......__._...___..____..__________.___.___...__.1599 Edmundson, Rev. C. C. .._.___.....___.__.._._.....__.___..__.........1455 Farr, Reverend Hoyt G. ..........................__.........__......__..._________.................1893 Habersham, Reverend Alien I. ._._......._......_.___.._.__._...._.....__._.....1167 Hahn, Dr. Stanley ....................................___.......__.____.__.....__.....872 Hand, Reverend Othell ....--.._----._.__......._.--.-..________.____.--__....._.._.....:--..... 230
INDEX
2045
Harp, Reverend Don ______--_--__....._----------.-.--.--.------. --._-----_-.587 Hasty, Reverend Charles --._------_----------------.--_.__-,,----___.126 Heeth, Reverend Nat ___________________._._..__._.___....----1752 Jackson, Dr. Robert ........_....._--._.____________._____.__,,--_.____. 332 Jones, Reverend Bobby ....... ...--.----________________,,___--------85 Jones, Dr. W. Jeffrey .....__......................._......______.______.___1010
Keese, Reverend Jerry--_--_--_-----------------.--------------.._.._-- .---- 1506 McCutchen, Reverend C. L. ____________........___ ... ................ 900 Morrow, Father Richard --..._...__--...--..._--_._.....----.._......__....._525 Newton, Dr. Louie D. .------_._----__.........__________________________________ 5 Ozment, Dr. Robert .--...____________------.._.------------______..,_260 Phillips, Reverend Jerry ------------__._._____.___._____.____214 Pierson, Reverend Marion __...._._._.__.._________.....___.__..._.___.___187 Price, Reverend Nelson ...--_--._----_.__.__.----_.__..._.._._..__._._--144 Richards, Dr. John E. __--._.------------------.----____...._._............--.......312 Richardson, Dr. J. R. ..__._._ _........----.--..............__.....______----371 Ruff, Reverend William ----------------------------__.._____...__...._162 Seckinger, Reverend Earl ._.....------.._--..--------___________,,--_--____--__ 75 Smith, Reverend Chess ______ ......__._._.----_.______._..,,--------__--1720 Smith, Reverend Jack D. ......______.------------_...----.._____.__,,____.942 Sprouse, Reverend Conrad _._----..__....__..--_.______________107 Veal, Reverend Ernest ....___..--..___________..., _.._...............^__------ 805 Wesberry, Dr. James ...._--------------.--------._......__.._______--_.553 Williams, Reverend Marcus --__...__._----__...___.__.________ 680 Williamson, Dr. W. W. ___...__-._.___...._......_____________1100 Withers, Reverend Harold ..__________.._________.._____-.643 Charlton County; education board members, election, HB 585 __________.....___._____,,__.............________666, 673, 734, 1804, 1861 Chatham County Civil Service Board; members, election, HB 956 ____________________________________________ 1489, 1497, 1575, 1804, 1884, 2015 Chatham County Hospital Authority; board members, appointment, HB 800 ................__.__..__...__.___...........1208, 1216, 1315, 1480, 1512 Chatham County; land conveyance from State, HR 34 ...._.174, 181, 201, 329, 502 Chatham County; officers, election of, SB 27 ..------.--_____.71, 84, 143, 163, 191 Chattahoochee County; sheriff, compensation, HB 752 --992, 999, 1044, 1100, 1181 Chattahoochee Judicial Circuit; solicitor general, compensation SB 70 .............................................__._....120, 141, 143, 163, 191, 668, 764, 1419 Chattahoochee Judicial Circuit Study Committee; create, HR 258 ___________________..___.__...__...-.__1535, 1543, 1580, 1678 Chattahoochee Judicial Circuit; superior court, additional judge, HB 613 ________....__.-.------___.__...__.__..925, 931, 1005, 1320, 1372 Chattooga County Civil and Criminal Court; change name, HB 637 ________..__...__..___._.___..__..846, 858, 892, 1031, 1063 Chattooga County; commissioner clerk and warden, compensation, HB 636 ...__--..._.._....._.....___...._____________ 846, 858, 892, 1031, 1063 Chattooga County; deputy tax commissioner, compensation, HB 639 ___________....____........__..__..______846, 858, 893, 1031, 1064 Chattooga County; ordinary, clerical help, HB 635 --.__...846, 858, 892, 1031, 1062
Chattooga County; superior court deputy clerk, compensation, HB 638 ____________________________........_....__....846, 858, 893, 1031, 1063
Cherokee County; certain employees, compensation, HB 273 ________......._.___________..___--------241, 252, 297, 605, 629
Cherokee County; commissioners' clerk, compensation, HB 275 _____-_--____________...........___.__.--.338, 346, 396, 605, 630
Cherokee County; education board, terms, HB 365 ____...282, 290, 310, 605, 632
2046
INDEX
Cherokee County High School Girls Basketball Team; congratulate,
SR 137
____-- -- -------__..._....1599
Children and Youth Division; imprisonment of children under 17, SB 149 .....___.___._..287, 308, 525, 554, 607, 1213, 1324, 1466, 1606, 1707, 1838,
1977, 2024 Children and Youth Division; emergency hospital services for minors,
SB 96 ------...--_..-.,,_----------------.177, 198, 551, 603, 660, 1617, 1856, 2023 Children; illegal to advertise for adoption or sale, HB 107 ______..1089, 1094, 1165 Children; work under 16 with doctor's certificate,
HB 51 _______________________....386, 389, 522, 678, 757, 837, 842, 878, 900, 927 Chitwood, Mr. Joe Jackson; compensate, HR 114 ....._-...--573, 582, 607, 621, 715
Cigarettes, Advertising of; oppose FCC proposal to ban, HR 181 ..............--------..--.........._...-_...--..------..--.........796, 799, 865, 1195, 1330
Cigarette Tax; distributors, dealers, duties of, HB 244 ..-- 513, 516, 548, 1384, 1473 Cities; amend Constitution to authorize salary, pension regulation,
SR 52 ________----______,,.________--_________......249, 294, 329 Cities, Counties; authority to jointly zone property,
HB 432 ....----_..._.-....--------------__.,--------------...991, 998, 1044, 1321, 1413 Cities, Counties; create development authorities in,
SB 120
___-. -- ___.-- ____,, 223, 258, 551, 748, 842, 1688, 1738
Cities, Counties, Grants to; distribution of, SB 3 ______________________________27, 44
Cities, Grants to; define "population", SB 160 --__--.__....-.-.--.------.-----..-.__..-.--.-- 322, 351, 355, 503, 510, 1202, 1302
Cities, Grants to; population figures used, SB 140 _____________________.286, 307 Cities, Grants to; provide for special census, SB 161......... 322, 351, 355, 1201, 1302 City Annexation; alternative method, HB 854 .------...1352, 1357, 1432, 1555, 1615 Civil Aeronautics Board; request Atlanta air route to Hawaii,
SR 67 _______________________.___________ 389, 522, 679, 837, 881, 1721, 2025
Civil Cases; money damages, provide which court, SB 15 _________________50, 72
Civil Cases; trial procedure for third-party complaintants, SB 215 __------......._........_...----.__________._612, 675, 1389, 1408, 1484, 1835, 2024
Civil Practice Act; duty of court, trial without jury, HB 747 _______________________________.-----1268, 1270, 1317, 1555, 1676, 1710
Civil Practice Act; minor, service of summons, SB 8 -.________..._....------.___.___...._.._...----._._____.._42, 47, 53, 87, 114, 175, 191, 2025
Civil Practice Act; provide time for taking executions on judgments, HB 139 -_-.------....-.--...-..--------.__.___.....-..----..______________________175, 179, 200
Civil Service Program; veteran preference, HB 550...-...883 887, 938, 1105, 1190
Civil Service Program; veteran preference, SB 185 _______.__________________388, 521 Claims Advisory Board; State agencies file notice of possibility of claim,
HB 906 _________________________________________1568, 1572, 1690, 1857, 1912 Claims Advisory Board; State agencies file notice of possibility of claim,
SB 287 ________________________________________.._.______....1493, 1573 Clarke County; new board of education, HB 968.__...1424, 1429, 1504, 1557, 1598 Clarke County; prisoners, increase food allowance,
HB 992 ____________________________________________...1558, 1564, 1582, 1737, 1750
Clarkesville, City of; mayor and council, compensation, HB 200 ___________________________________________....____222, 225, 259, 738, 807
Claxton City Court; judge, compensation, SB 199 _________________._______________._..542, 583, 604, 626, 688, 1087,1485
Claxton City Court; solicitor, compensation, SB 154 _______________________________321, 350, 604, 624, 688, 1087, 1485
Clayton County; annual audits, HB 167--174, 181, 201, 328, 357, 382, 383, 867, 1211
Clayton County; civil service board, compensation, HB 731 _________________________________________921, 934, 1007, 1099, 1177
INDEX
2047
Clayton County; land conveyance to Atlanta, HR 352 ----.____--_____----_----_____--___--------.1708, 1712, 1742, 1805, 1978, 2017
Clayton County; levy tax for industry promotion, HR 76 ___________.____174, 181, 202 Clayton County; supplement judges' salaries,
HB 130 ----____----_.--_____----___--.____--------------_151, 158, 185, 1099, 1168, 1711 Cleland, Captain Max; commend, SR 70 --------------_----------------------527 Clerks, Superior Courts; change fees received, HB 217 --..----------.319, 324, 353 Clerks, Superior Courts; change retirement benefits, HB 5 ________49, 52, 74, 915, 985 Clinch County; additional deputy sheriff, HB 466.-------.--.567, 575, 615, 898, 955 Clinch County; tax officers, compensation, HB 464 ....----....566, 575, 615, 898, 955 Coastal Islands Study Committee, Georgia; create,
HR 82 _____.----_.----------___----------------------..851, 863, 897, 1319, 1371, 1467 Coastal Marshlands Study Committee; create,
SR 138 --------------.----------.----.--------1542, 1573, 1678, 1704, 1738 Coastal Wetlands Protection Board; create, HB 212 ...._..--------1296, 1309, 1360 Cobb County; bond of superior court clerk, HB 268 ...------241, 252, 296, 605, 680 Cobb County; certain officials, compensation,
HB 733 __--------.--..--.----...--.__--........----.--1154, 1160, 1221, 1368, 1445 Cobb County; change education districts, HB 267 __------.241, 252, 296, 605, 629 Cobb County Civil and Criminal Court; court of record,
HB 878 --------------------------------------1210, 1217, 1316, 1737, 1747 Cobb County Civil and Criminal Court; judges and clerk,
compensation, HB 591 ------------_.__------____----------66, 673, 734, 899, 961 Cobb County Civil and Criminal Court; jurisdiction, HB 879 __1210, 1217, 1316 Cobb County; civil service system, HB 530 ...--------_----568, 578, 617, 738, 812 Cobb County Commissioners; compensation,
HB 642 __--------_--..__------------._..--------.__846, 859, 893, 1099, 1172, 1355 Cobb County Commissioners; ordinances, HB 535----_._569, 578, 618, 738, 813 Cobb County Juvenile Court Judge; compensation, HB 504 --567, 576, 616, 738, 810 Cobb County; tax commissioner, chief clerk, compensation,
HB 508 __--__--_..----___----_--__----_____._--_._567, 576, 616, 738, 811 Cobb Judicial Circuit; assistant district attorneys,
HB 204 _--_--------..___--_----_----------___...----------570, 574, 615, 738, 806 Cobb Judicial Circuit; assistant solicitors, qualifications,
HB 254 _----.----_.--_------------------_----------------610, 613, 675, 738, 807 Cobb Judicial Circuit; judges employ two court reporters,
HB 542 _______-___----.....--._....__.--..__.----571, 579, 618, 1204, 1295 Cochran, City of; commend on 100th anniversary, SR 181 ___--------__________2010 Cochran, Mr. Paul; compensate, HR 72 __________1535, 1543, 1580, 1679, 1725, 1758 Code Revision Council; change composition,
HB 30 ____--_--__--__--------.133, 135, 159, 331, 378, 724, 878, 885, 907,1847,1903 Coffee County; annual audit, HB 771 ______________.933, 1000, 1045, 1683, 1873, 2014 Coffee County; certain officials, compensation
HB 843 __________________----------...1155, 1161, 1222, 1737, 1747, 1759, 1890, 1964 Coffee County, State Court of; change name, HB 818____1084, 1091, 1163, 1961, 1968 Coggin, Senator Frank E.; appointed Administration Floor Leader ____________99 Cohutta, City of; incorporate, HB 645 ___.____.------___991, 998, 1044, 1099, 1172 College Park City Court; judge pro tern, procedure for selecting,
HB 515 ___..___.__.____------------------------------_..665, 672, 733, 1030, 1059 College Park, City of; permit liquor sales, HB 323 _...__245, 256, 300, 1479, 1508 College Park, City of; zoning laws, HB 546 _____--_______665, 672, 733, 1030, 1059 Colquitt, City of; mayor and councilmen, compensation,
HB 970 ______________________________.___._________..._____..____.______1489, 1497, 1576, 1683, 1697 Colquitt County Airport Authority; change name,
HB 586 ______________________________845, 857, 892, 1030, 1060 Colquitt County; education board, create, HB 657___________847, 859, 893, 1031, 1064
2048
INDEX
Columbia County; certain officials, compensation, HB 127 ....151, 158, 185, 228, 268 Columbia County; commissioners, salary, HB 126 ____.._._..___.151, 157, 185, 228, 268 Columbia County; superior court judges, compensation,
HB 419 .___--___--_--...--------__.--____.____...--.___----------.338, 347, 396, 898, 952 Columbus, City of; extend corporate limits, HB 757_-~_ 923, 936, 1009, 1196, 1229 Commission Chairmen, Certain Counties; effectuate approved
actions, HB 908 ____--------------------------1306, 1313, 1363, 1556, 1590, 1755 Committee of the Whole Senate ._.._._._____..____._._.___.... 527, 1074, 1725, 1837, 1818, 1849 Committee on Agriculture & Natural Resources; function
after adjournment, SR 36 ----------------------------_..____..__196, 213 Committee on Defense & Veterans Affairs; function after adjournment,
SR 145 ____--.. .__.___...__.__.._____-__._..._._ 1570 Committee on Judiciary; function after adjournment, SR 155 ~_-____----.1689 Committee on Public Utilities and Transportation; function
after adjournment, SR 131 .--_.----___--_.__._._____________1426 Committee; to study alcoholism and alcoholic beverage tax, SR 146 ....._.......1570 Committee; to study Atlanta airport, SR 128 _--___----_,,----_ 1356, 1506, 1524 Committee; to study Atlanta-Pulton County governments, SR 148_..._....1570 Committee; to study banking laws, SR 147 ....--.............-___.._...._._..__.........1570 Committee; to study central printing agency, SR 15 --81, 105, 230, 231, 1753, 2025 Committee; to study Chattahoochee Judicial Circuit,
HR 258 ____-___..______.-__---------________...1535, 1543, 1580, 1678: Committee; to study coastal islands, HR 82 ----.....851, 868, 897, 1319, 1371, 146T Committee; to study coastal marshlands, SR 138 __.1542, 1573, 1678, 1704, 1738 Committee; to study Code of Ethics, SR 136------_..._...._.__..__...___.1494 Committee; to study compensation in Atlanta-Fulton County,
SR 76 ...................._--------------------__ 545, 585, 900, 1030, 1054, 1617, 2025 Committee; to study county and urban affairs, SR 152--------.__...._------.1571 Committee; to study educational matters, SR 134 _...--,,....________------_ 1494 Committee; to study election laws, HR 249 -----......1307, 1313, 1363, 1506, 1545, Committee; to study establishment of historical museum, cyclorama, SR 79 _..574 Committee; to study game and fish revenues, SR 163.--.__._.______17421 Committee; to study habitual offenders, SR 50--.......___.__..._.._....__......... 24& Committee; to study highway laws, HR 144 -.--__________--851, 863, 897, 1319, 1415, Committee; to study homestead exemption, SR 90 _.__..________..797, 2024 Committee; to study hunger and malnutrition, SR 150.._.....__....__...__1570 Committee; to study illiteracy, SR 149 ............_.__....___...._____.__._.1570i Committee; to study janitorial supplies, SR 44 ...._.___.____.._._._....__._..___.__.210 Committee; to study junked motor vehicles, SR 119__..__1215, 1506, 1522, 1685 Committee; to study local government needs, SR 168....____._______1742 Committee; to study patient pay, SR 151 ------....___._.._.___.__.___._1571 Committee; to study private detective agencies, SR 139...___________.1569, Committee; to study problems of disadvantaged youth, SR 156 ----__...__......1689f Committee; to study Providence Canyon, SR 37 ................196, 213, 331, 377, 509,
1753, 2025, Committee; to study regulation of blood banks, HR 273...-...1535, 1543, 1580,,
1681, 1992 Committee; to study retirement, SR 174--__......___.____.________........__--...1893; Committee; to study revenue bonds, SR 107----997, 1319, 1382, 1484, 2018, 2025 Committee; to study scholarships, SR 117 ------_..1215, 1434, 1464, 1566, 1904,.
2025, Committee; to study State central accounting department,
SR 153------------___----_______--__----________------------1571 Committee; to study State communications,
HR 264 ----------------------------1036, 1042, 1098, 1223, 1331, 1384, 1545
Committee; to study Teacher Tenure, SR 135 ___________________1494
INDEX
2049
Committee; to study teaching Americanism vs. Communism, SR 140 _._~---1569 Committee; to study tourism in Georgia, SR 142 ..._----..------------__------_ 1570 Committee; to study uniform consumer credit code, SR 101 __.,929, 1048, 1151,
1205, 1902, 1907, 2025 Committee; to study University System of Georgia, SR 109------------.1039, 1302 Common Carriers; license fee reduction, certain cases,
SB 234.------------------.------.----_----_.------797, 864, 1081, 1186, 1711, 2025 Communications from the Governor _..........98, 737, 1073, 1277, 1470, 1526, 1531,
1683
Communications, State; approve Governor's plan, HR 264 __----.---------------------------1036, 1042,1098, 1223, 1331, 1384, 1545
Congressional Delegation, Georgia; urged to support H. Res. 2500, HR 280 _-......-------------------------1308, 1313, 1364, 1482
Congressional Delegation; urged to initiate bill for aid to dependent children, HR 288 ----------..------------1308, 1314, 1364, 1557, 1605
Congress; urge repeal of fund freeze for aid to dependent children, SR 91 ____-----.-----------_-__~__797, 864, 899, 985
Conservation, State Division of; administer federal funds, HB 684 .----._--__------_--.----------------------1561, 1563, 1581, 1735, 1846
Constables; justices of peace appoint, HB 689 _--_____--884, 888, 939, 1692, 1895
Constables; no power of arrest, traffic violations, HB 907 ._.._.1352, 1357, 1432, 1484, 1525
Constitutional Amendments: Ad Valorem Tax; exempt personal property in transit, certain cases, SR 17 ___._--------____----_------------_-------------102, 123 Ad Valorem Tax; exempt persons 65 or older, SR 53 --.....249, 294, 561, 659, 756, 1320, 1379, 1419 Ad Valorem Tax; limit maximum amount, SR 6 ----------__------_--.43, 54 Alcoholic Beverages; tax to Health Department for alcoholics, SR 71 _------.._______------_........_.--------_____.B44, 584 Appropriations; constitutional provisions, SR 9 -_-____------___~_51, 74 Authorities; allow State to abolish and incur indebtedness, SR 13 ----71, 85 Cities; amend Constitution to authorize regulation of salaries, pensions, SR 52 ------_--------------.__--------------__--_------.249, 294, 329 Clayton County; levy tax for industry promotion, HR 76 --_--174, 181, 202 Constitution; change meetings of General Assembly, SR 118 _----1215, 1314 Constitution; change method of amending, SR 7 __.----.43, 47, 54, 108, 114 Constitutional Amendments; effective date, HR 196 _..__-----796, 799, 866 Constitutional Officers, Compensation; may not be changed during term, SR 74 ______----------_..__--.__-.544, 585, 841, 872 Corporations, Non-Profit; exempt from ad valorem tax, HR 204 --------_----____.__.....-._--------__------._----1036, 1042, 1098 Counties; amend Constitution to authorize regulation of salaries, pensions, SR 51 ._--------.__----_____------249, 294, 329, 907 DeKalb County; police perform sheriff's duties, SR 35 --.----------------.------------------...196, 212, 229, 276, 302 DeKalb County; selecting official organ, SR 94 --855, 890, 1031, 1552, 1685 Elections; residence requirements, SR 5 --------------_ 27, 44, 914, 983, 1010 Fulton County; issue bonds without referendum, SR 72 _--------__----------------_.----.544, 584, 606, 815, 881, 1214, 2025 Pulton County; tax on automobiles licensed in county, SR 73 -_-_......-------------.--------------------.544, 585, 606, 817, 881 Governor and Lieutenant Governor; elect as a unit, SR 103 -_----997, 1043 Governor; succeed himself, SR 42 ------._------------------------------.....210, 226 Judiciary; revise constitutional provisions, SR 8 _..--__......_..51, 73, 1389 Marietta, City of; Bonded indebtedness, HR 143 .........-341, 349, 398, 738, 819
2050
INDEX
Retirement Systems; amend Constitution relating to, SR 75 _.-___--____--_____._-----.-__.__------__---- 544, 585, 622, 703, 766-
Scholarships; to students in non-State colleges, SR 86 ___________..670, 732 State Employees; covered under minimum wage, SR 49 _-_--_------____. 224, 258 State Employees; immunity from liability while performing
duties, SR 93 _..------____--------------___----______.--....854, 890 Teachers' Retirement System, increase benefits, SR 22 ----_____----_______121, 142 Veto by Governor; change procedure for overriding,
SR 43 ----___.._.__...._.__..__.------.____...__..._------.........__.___.210, 226, 914, 1116, 1205 Constitutional Amendments; effective date, HR 196 ____.----..__.--._ 796, 799, 866 Constitutional Officers; compensation, SB 68___--____------____--__--120, 141, 1383 Constitutional Officers, Compensation; may not be changed during
term, SR 74 ..........__...._____.___.___----.______------__.___.____--....544, 585, 841, 872 Constitution; amend to authorize regulation of salaries, pensions,
SR 52 ___________________--_-_____-______.__._______._______.___.--________--..___.---- 249, 294, 329 Constitution; authority to counties to regulate salaries,
pensions, SR 51 ________......._________ __------ 249, 294, 329, 907 Constitution; change meetings of General Assembly, SR 118 .___....___..__ 1215, 1314 Constitution; change method of amending, SR 7 -.--------__..43, 47, 54, 108, 114 Constitution; provisions relating to appropriations, SR 9 ........................... 51, 74 Constitution; revise Judiciary and Attorney General, SR 8 ......--..._ 51, 73, 1389 Constitution Revision Commission; create, SR 10 ..___48, 51, 74, 113, 128, 144,
1619, 1630, 2025 Construction Contracts, Counties; change bond requirements,
SB 150 ____.------____----__--__________------______----____305, 326, 1321, 1370, 1484, 1756 Consumer Credit Code, Uniform; create, SB 18 .._______...... 50, 73, 330, 381, 401, 588 Contests; forced participation by lessee unlawful, SB 181 ........387, 520, 551, 645,
688 Contractors, Dwellings; receive insurance directly, SB 225 ...___._.____._..__ 725, 800 Contractors; relating to liability in claims, HB 26 ________1465, 1468, 1505, 1692, 1914 Contracts by Highway Department; periods of limitation of
actions, SB 88 ______.__...________________..........155, 182, 229, 274, 301 Convicts; permitted to work outside prison, HB 815 ..______._.... 1493, 1496, 1574, 2002 Cook County; certain employees compensation, HB 421 ____338, 347, 397, 605, 635 Cook County; commissioners, compensation, HB 423._...._.....339, 347, 397, 605, 635 Cook County; sheriff, compensation, HB 420 ..._.._----.338, 347, 396, 605, 634 Cook County; tax collector collect fi fas, HB 422 ..----.......338, 347, 397, 605, 635 Cooper, Dr. James Thomas; commend, SR 26--.____.____......--.._...__..._.____..._...153 Coosa Valley Area Vocational Technical School System;
create, HB 475_____..____.._.______--__--.511, 517, 548, 605, 639 Copeland, Honorable Millard A.; regrets at passing, SR 69 _.._..._..__....... 519 Cordele, City of; new charter, HB 748 _______..._...._._991, 999,1044,1100,1179, 1355 Cordele Judicial Circuit; court reporter, compensation,
HB 816 __-_-__________________..___.......__.....1084, 1091, 1162, 1368, 1449
Cordele Office Building Authority; membership, HB 903 __----1306, 1313, 1363, 1480, 1519
Coroner Jurors; compensation, HB 605 ___._.. _...-------- 915, 916, 940, 1010, 1191
Corporation Code; amend, HB 593 ____------......_852, 857, 892, 1554, 1620, 1893, 1981
Corporation Code; articles of dissolution, requirements for filing HB 863 -____---..__--------..-----------._._____....1559, 1564, 1582
Corporations, Non-Profit; exempt from ad valorem, HR 204 ______1036,1042, 1098
Corpse, Human; authorize gift of after death, HB 83 ........174, 179, 199, 355, 525, 588, 589
Corrections Board; court orders, prisoners seeking trials, SB 174 _____________________.___.___.___.___.___344, 394, 525, 556, 1207, 2024
INDEX
2051
Corrections Board; limits of confinement of prisoners, SB 148 .------ _------___------__------287, 308, 525, 555, 607, 1207, 2024
Corrections Board; members prohibited from employment by Board, HB 317 -----------------------------795, 798, 864, 941, 1028
Corrections Board; money to released prisoners, SB 145 _--------------------_-.287, 308, 525, 553, 607, 1207, 1323, 2024
Corrections Board; prisoners as witnesses, court order, SB 175 ------------------------------------344, 394, 525, 556, 607, 1208, 2024
Corrections Board; prisoners segregated, certain categories, SB 172------------------------------------------343, 394
Corrections Board; prisoners, social visits, SB 173 ------ 344, 394, 525, 555, 607 Corrections Board; under Administrative Procedure Act,
SB 130 -------------------------__-------247, 293, 355, 506, 538, 1207, 2024 Cosmetology; qualifications of applicants, SB 67 _._____--_----_--.__.----..120, 141 Couch, Dr. Solon C.; acknowledge presence, SR 164 _----------__----..----1757 Counties; abolish fee system, certain employees, SB 200 .____-.-542, 583, 1321 Counties; amend Constitution, authorize regulation of
salaries, pensions, SR 51--.------.--..--.--........----------_.._. 249, 294, 329, 907 Counties; bond requirements on county construction contracts,
SB 150 ------------------__--.....-..--.-305, 326, 1321, 1370, 1484, 1756, 2024 Counties, Cities; authority to jointly zone property,
HB 432 --.--------------------------------991, 998, 1044, 1321, 1413 Counties, Cities; create development authorities in, SB 120 _--223, 258, 551,
748, 842, 1688, 1738 Counties, Cities, Grants to; distribution of, SB 3 __....-.--.___--------_--27, 44 Counties; purchase motor vehicles through State, SB 104----178, 199, 230, 274,
302, 1709,1814, 1829,1832, 1904,1972, 2021, 2023 Counties; tax assessors, powers and duties, SB 114....--195, 212, 562, 597, 660,
1212, 1337, 2023 County and Urban Affairs Study Committee; create, SR 152------------.----.1571 County Bond Proceeds; authorize investment of, SB 182----.387, 520, 562, 601,
660, 1688, 2024 County Roads; funds, proof of deposit, HB 557 -------883, 887, 938, 1103, 1191 County School Superintendents; change qualifications, HB 842 ...1305, 1311, 1362 County Surveyor; filling vacancies, HB 567-. 992, 998, 1044, 1554, 1613, 2021 County Tag Agents; fee for tag application, SB 219 _______--.__..669, 731 County Tag Agents; fee for title application, SB 218 --669, 731, 1482, 1526, 1684 Court Costs, Divorce; paid by party at fault, SB 152 --___.___...321, 350, 867 Court of Appeals; judges salaries, SB 26 __.--------70, 84, 126, 146, 150, 373, 509 Coweta County; certain officials, salaries, HB 985____--_1488, 1499, 1577,
1683, 1700 Crawford County; ordinary, compensation, HB 692 ----850, 862, 896, 1368, 1445 Crawford County; sheriff, compensation, HB 690-----..849, 862, 896, 1368, 1444,
1561 Crawford County; superior court clerk, compensation,
HB 691 --------------------------_...... 849, 862, 896, 1368, 1445 Credit Cards; create Lender Credit Card Act, HB 413 -__.796, 798, 865, 880, 911
Credit Cards; illegal use, SB 115 ------195, 212, 765, 824, 842, 1353, 1373, 1685
Credit Cards; prohibit certain activities, HB 378 --._._.--______.320, 325, 353
Crew, Roger; compensate, HR 248-___.__--------1377, 1378, 1418, 1431, 1550
Criminal Cases; compensation of peace officers, SB 137------.__.____285, 306
Criminal Cases; credit for custody time, SB 171 ----343, 393, 1383, 1462, 1566,
1859, 2024
Criminal Code; amendments to, SB 72 _------.....--_...134, 159, 1031, 1123, 1205
Criminal Code; amendments to, HB 722 .----1156, 1160, 1221, 1858, 1970, 2014
2052
INDEX
Criminal Code; amend, school property damaged, unlawful,
HB 540 __._.__.._________..---___._.-_-_--_..--------.--------------------1568, 1571
Criminal Code; trial without jury, provide sentence, HB 717--.--.1035, 1040, 1097,
1806, 1997
Crisp County; superior court deputy clerk, compensation,
HB 792 --
_----._____----------------994, 1001, 1046, 1100, 1184
Cyclorama; committee to study relocation, SR 79 _........_--...----___..___,.--574
D
Dalton, City of; employees' pensions, HB 180__-------- 240, 251, 295, 328, 358 Dalton, City of; incorporate land lots, HB 547 ----..570, 579, 619, 1030, 1060, 1157 Dalton, City of; Metropolitan Government Study Commission,
create, HB 516_------_------__...,,-----..-,,__-._--.---- 568, 577, 617, 738, 811 Damages, Money; court having jurisdiction after judgment, SB 15------50, 72 Darien, City of; mayor and councilmen, HB 779 ...--993, 1001, 1046, 1368, 1447 Davis, Charles H.; commend, SR 41 ______________________________________ 206 Davis, Mrs. Vivian Hawkins; regrets at passing, SR 61 _______________336 Dawson, City of; State convey property to Dawson Implement Co.,
HR 298 ________________-_____._____..___1558, 1565, 1583, 1604, 1736, 1827 Dawson County; commissioners, compensation, HB 151 ----173, 180, 200, 228, 271 Dawson County; ordinary, superior court clerk, compensation,
HB 148 _______________________.._-____--___________--173, 179, 200, 228, 270 Dawson County; sheriff, compensation, HB 149 _____173, 180, 200, 228, 270 Dawson County; tax commissioner, compensation,
HB 150 __--_--____----------------_----__-.-_173, 180, 200, 228, 270 Day Care Centers for Mentally Retarded; licensing of,
HB 264 ________----------------.-------------540, 546, 586, 621, 1900, 2012 Dead Animals; disposition of, HB 428 ___________1034, 1039, 1096, 1366, 1911 Deaf, Blind, Mute Children; education and rehabilitation,
HB 250 __.....__________-.__..._-_.____----------------_ 341, 345, 395, 562, 591, 927 Deaf, Speech-handicapped Children; Education Department, funds
to teach, SB 275 ___------------------.1158, 1220, 1366, 1409, 1484, 1902, 2025 Death Penalty; abolish, SB 282 ----.____. ________------.--------.1355, 1430, 1481 Debt; allow State to incur and to abolish authorities, SR 13 ______------_____71, 85 Decatur County Civil and Criminal Court; change name,
HB 829 _--___-___________----_________......1086, 1093, 1164, 1369, 1452 Decatur County; superior court, terms, HB 830 ______-1086, 1093, 1164, 1480,
1516, 1675 Deeds, Real Estate; provisions for recording of, SB 235....----_______853, 888 Deeds, Security; recording of master forms, HB 33 ________.209, 210, 227, 867 Deeds, Transfer Tax; lease excluded, HB 90 __-174, 179, 200, 206, 219, 386, 1522 Deer Hunters; wear visible clothing, SB 227 _________------.-_.___--725, 801 Deer Hunting; change regulations, HB 375 ________-1534, 1541, 1579, 1680 Defendant; judge release on own recognizance, HB 47 --------..153, 157, 184, 552,
595, 723 Defense & Veterans Affairs Committee; function after
adjournment, SR 145 __________________________________------1570 DeKalb County; abolish certain county offices, SB 138 _______________285, 307 DeKalb County Board of Elections and Registrations;
create, SB 42 __________...________________.____------101, 123 DeKalb County Coliseum Authority; create, HB 699 ___._.__. 1488, 1496, 1574, 1967,
2002, 2014 DeKalb County; commissioners, election, SB 101 ______.----.178, 198, 228, 262, 302 DeKalb County; commissioners, filling vacancies, HB 850----__-1155, 1161, 1222,
1369, 1453
INDEX
2053
DeKalb County; commissioners publish quarterly audits, HB 574 ____________------ .____-__.................._ 610, 613, 676, 738, 815
DeKalb County; corporate boundaries, HB 957 ------.1423, 1428, 1503, 1804, 1884 DeKalb County Courts; certain employees, salaries,
HB 389 ...._______________--------------------1558, 1562, 1580, 1736, 1746 DeKalb County; create office of court commissioner, SB 139 -_-__--_ 286, 307
DeKalb County Education Board; election of members, SB 102 ..--178, 199, 228, 262, 302
DeKalb County Education Board; publish quarterly summary, HB 780 ______________________________________________1208, 1215, 1314, 1480, 1512
DeKalb County Education Board; terms, HB 558 ----1154, 1160, 1221, 1368, 1438 DeKalb County Education Board; terms of members, SB 237 __-853, 888, 1030,
1051, 1151 DeKalb County; exchange of easements, SR 108 ..__1039, 1096, 1167, 1266, 1903,
2025
DeKalb County Governing Authority; local study commission, SR 130...-__----__-__---------__1426, 1502, 1556, 1586, 1685, 2018, 2025
DeKalb County Grand Jury; stenographer present, HB 388 __.__. 845, 856, 891,
1196, 1226 DeKalb County Hospital Authority; filling vacancies,
HB 819 __--..__._____..________.___._----__--_______________.1084, 1091, 1163, 1368, 1450
DeKalb County; police perform sheriff's duties, SR 35 ----.196, 212, 229, 276, 302 DeKalb County; referendum for county manager, SB 187 -------- .-------388, 521
DeKalb County; selecting official organ, SR 94 -----855, 890, 1031, 1552, 1685 DeKalb County; superior court clerks deposit funds,
HB 489 _-,,.--------------------------.....845, 856, 891, 1479, 1509, 1710 DeLoach, Cartha D. "Deke"; commend, SR 68 ___._._._-___----.----___--------r__.509 DeMolay; commend, HR 158 ----------------.----------__-_----___--------284, 302
Department of Public Safety; deputy director, salary, HB 185 ...__...1558, 1562, 1580, 1682, 1817
Depositions; allowed as testimony, Workmen's Compensation Board, HB 852 _______ _,,_._------------------ 1466, 1468, 1505, 1803, 1980
Depositories, State; limited to members of Federal Deposit
Insurance Corporation, HB 144 ------__.....--_--__----640, 545, 585, 1274, 1385
Detective Agencies Study Committee; create, SR 139 .___--___------___----1669
Development Authorities; create in cities and counties,
SB 120 .._...---------_-------------____----.223, 258, 551, 748, 842, 1688, 1738
Disabled Veterans; consensual transactions binding,
HB 335 ________
--- _--------------.667, 671, 736, 1555, 1603
District Attorney; change name from solicitor general,
SB 16 ___.----------___--------------_______ 50, 72, 107, 127, 144, 193, 205, 2026
District Attorneys; retain eligibility in State employees'
retirement system, HB 186 --__--___--_.------------341, 345, 395, 1367, 1979
Divorce, Attorney's Pees, Court Costs; paid by party at
fault, SB 152 ----------__________________--------_------------__-321, 350, 867
Divorce; by mutual consent, SB 153 ----------------------_------321, 350, 867
Divorce; prohibit rule nisi, SB 151 ----_,,_--_----------------------321, 349, 867
Doctors of the Day: Atkins, Dr. Ernest C. ______-_.--_--___.--.___.._-___.._--__----------__--_--21 Boddy, Dr. Evan _--------_----_____------__------------__________--------1206
Butterworth, Dr. Harper _______----___________________----------------610 Carter, Dr. Leon __----------------_______________--------,,____--.1567 Christopher, Dr. Philip ____________________________________________-115, 1421 Cooper, Dr. Tom ___________----____--______________________________________________663 Crank, Dr. Paul -____.__..-__-____-_--__-______-.___.-______--_____________-__----511
Faile, Dr. George M., Jr. _______________________.___________.--1741
2054
INDEX
Fulgram, Dr. C. B. ___________._____________,,________________________________________________.___1486 Griffeth, Dr. Joe _____._____________________________...________________________794 Harden, Dr. Timothy _______________________________________________________________________ 41 Hobby, Dr. L. W. _______.______________________._____._____.___.___,,______________-_..___-_____..____.____ 303 Holloway, Dr. George ___________________________.____________________________,,__._. 48 Jolley, Dr. Fleming ___________________________,,__,,___._______________----______________162 Kaufmann, Dr. James A. ___,,_____________._.______________________.___.___._____________________________.99 Loaters, Dr. Lamar __________________________________________-____-_____-_,,__._-___-_-_--______566 Lowry, Dr. Thomas _______________._._..__...______...,,___.__------__----------____----..131 McGahee, Dr. Ollie _______________________________________________________________.__________________539 McLaren, Dr. John _____________________________________________________________________1303 North, Dr. Alvin ___________________________________________________________.______________________172 Overton, Dr. Dewey ______,,______________________________--------________________ 208 Pence, Dr. Robert L. .,,_______,,__-_____.__.__.____,,____-____-___-_-.________.___._-_-_____-_____ 221 Rice, Dr. Hobson ______________________________________________________________________________________ 337 Richardson, Dr. Dale _____________________________.__________________________________________________1350 Ridley, Dr. John ___________________________________,,_,,__,,_ _____ _--_____- 384 Robinson, Dr. Clark ________________________________________ _______--__-__--_ _____ _ 1153 Rogers, Dr. A. A. ___________________.___,,_______________________.___________________.___.____________________1034 Sappington, Dr. T. A. _______________________________________________________.____________________________845 Sessions, Dr. George ________________________________________________________________________________________ 69 Smith, Dr. Carter, Jr. ______ ____.___._._,,___.____.___ ___-_.__-_- 239 Sotus, Dr. Peter ______________________.__________.____,,_______________.__.___________________-____.______________.__ 1083 Stuckey, Dr. Katherine ____________________._____________________,,-___-_-________________._--- 77 Thebaut, Dr. Ben _____________________________________________________________________-1686 Van Buren, Dr. James ______________________________________-_._____,,_____________________________ 990 Walker, Dr. James __.------_--_______------__------------__________-_.________________-_______317 Walz, Dr. Peter _____________________________________________________________________________________________ 920 Watkins, Dr. Charles ___________,,______,,_.________________________________________________________1892 Webster, Dr. Robert ----------------__--__-__---------------------___----____192
Dodge City, Inc.; compensate, HE 52 ____________________________1376, 1378, 1418, 1431, 1546
Dodge County; commissioner, compensation, HB 662 ________847, 859, 894, 1368, 1439
Dodge County; ordinary, compensation, HB 663 ___________847, 860, 894, 1368, 1439
Dodge County; superior court sheriff and clerk, compensation, HB 660 __ _--_-___,,_____.____._______________________847, 859, 893, 1368, 1438
Dodge County; tax commissioner clerk and employee, compensation, HB 661______________________._________....847, 859, 894, 1368, 1439
Dogs, Dead; prohibit dumping of, HB 225___._______________.___.883, 886, 938, 1010, 1073, 1354, 1473, 1534, 1725, 1732, 1754
Dooley, Honorable Vince; commend, HR 163 __________________________________ ______._________284, 302 Dooly County Industrial Development Authority; bonds, issuance
and security, HB 680 ___________.___.____.______.___._______.___._______.____849, 862, 896, 1368, 1444 Dooly County; sheriff's office and salaries, HB 379 ____________338, 346, 396, 605, 633 Doors, Glass; safety glass required, certain cases, HB 412 ____1467, 1494, 1573, 1802
Doraville, City of; change corporate limits, HB 880 ______.___..________1210, 1218, 1316, 1369, 1455
Dougherty County Commissioners; compensation, HB 1007 __--____----_----------_------__--------.1616, 1620, 1691, 1737, 1752
Dougherty County Commissioners; create sanitary districts, HB 947 _____________________________________________.______________._1616, 1619, 1691, 1737, 1749
Dougherty County; conveyance of land to convalescent home, HR 310 _______________.____________________________________________1466, 1468, 1505, 1736, 1829
Dougherty County; sheriff and superior court clerk, compensation, HB 580 __________________________________665, 672, 734, 898, 959
INDEX
2055
Dougherty County; tax commissioner, compensation, HB 581 ______665, 672, 734, 898, 960
Dougherty Judicial Circuit; judge's salary, supplement, HB 105 __-____-_-__--_-________._.__-___133, 136, 161, 228, 266
Douglas City Court; change name to State Court of Coffee County, HB 818 ..........._._____.__.__1084, 1091, 1163, 1961, 1968
Douglas, City of; annual audit, HB 770 __.....993, 1000, 1045, 1683, 1872, 2014 Douglas County, Sweetwater Valley; State urged to acquire title to
property, HB 228 __._....._.._.._,,____....__.._._.1491, 1500, 1578, 1736, 1823 Dower; abolish right of, HB 303 ___________..___---320, 325, 353, 678, 823
Dower Rights; barred by failure to apply, certain cases, HB 9 .............._._..--.------__------_------------__--49, 52, 74, 207, 217, 285
Drewry, Honorable John Eldridge; commend, HR 376 ____----__-.1689, 1692
Driver of Motor Vehicle; liability to guest passengers, HB 69 _-----_____-___--______.--------__A33, 135, 159, 207, 219
Driver's License; certain marking for those under 21, HB 48--______.850, 855, 890 Driver's License; change point system, SB 272 ______1157, 1219, 1365, 1464, 1566 Driver's License; honorary to spouse of disabled
veterans, SB 276 .__._______--------._.----....--1158, 1220, 1365, 1404, 1484 Driver's License Suspension; change provision for removal of
points, HB 603 _________________.----1535, 1563, 1581, 1682, 2005, 2013 Driver's License, Temporary; provide when license lost,
SB 106----__----_--------____--------194, 211, 230, 275, 302, 1720, 2023 Drivers, Motor Vehicle; prohibit from intentional dangerous
driving, HB 50 __----_._------------____.,,_--------_____.851, 855, 890, 1185 Drugs, Certain; unlawful to carry into prisons, HB 797..._1268, 1270, 1317, 1417 Drunk Driving; percentage of alcohol found in blood, SB 92 _.__176, 197, 261,
315, 336 Dublin, City of; change corporate limits, HB 799 ----1034, 1041, 1098, 1368, 1448 Dublin, City of; mayor and aldermen, compensation,
HB 724 .------....___.._--------___----_...____--921, 933, 1006, 1099, 1175
E
Easements; not affected by tax fl fas, HB 6------------.49, 52, 74, 207, 216, 285 East Point, City of; amend charter, HB 537 __________569, 578, 618, 1480, 1509 East Point, City of; local advisory board, duties,
HB 806 ________ _____ __________________.1034, 1041, 1098, 1480, 1513 East Point, City of; mayor, compensation, HB 536 ----569, 578, 618, 1683, 1694,
1740 Echols County; commissioners, attorney, compensation,
HB 408 ----__----------------______----------____--------.304, 306, 327, 605, 634 Edison, City of; mayor and councilmen, terms, HB 923 _____.1350, 1357, 1432, 1480,
1520 Educational Improvement Council; abolish, SB 163 --------____--_323, 351, 562 Educational Institutions; unlawful to damage property, HB 540 ______.--..1568, 1571 Educational Matters Study Committee; create, SR 134 ------_.___________----1494 Educational Television; change state-wide cost factor, HB 203.__.319, 324, 352,
562, 590 Education and Rehabilitation; provide for deaf, mute, blind
children, HB 250 ____________________________------------341, 345, 395, 562, 591, 927 Education Assistance Corporation, Georgia Higher;
director's surety bond, HB 433-_.___------------.__.722, 727, 802, 1129, 1188 Education Assistance Corporation, Georgia Higher; student
loan program, promote, HB 954 _______________.1534, 1541, 1579, 1734, 1827
2056
INDEX
Education Boards; amend Code relating to appeals, HB 202 ---- 319, 324, 352,
562, 590 Education Board, State; Revenue Commissioner furnish equalized
school tax digest, HB 735------------------------------..........1343, 1344, 1364 Education; county school superintendents, change qualifications,
HB 842 ------------___----__----------------...........----------1305, 1311, 1362
Education; county tax digest, Revenue Commissioner equalize, HB 734 .____..____________.--________------___---_.._.--------1343, 1344, 1364
Education Department; expend funds to teach deaf, speech-handicapped children, SB 275 ................------------1158, 1220, 1366, 1409, 1484, 1902, 2025
Education Department; pay sums to certain local school units, HR 179 .._.-..--_--------.----_---------_------1296, 1297, 1318, 1383, 1469
Education, Higher Assistance Authority; create, HB 168 ......_ 686, 687, 736, 1129,
1385, 1557, 1601, 2011 Education, Higher Assistance Committee; powers, HB 176--..--686, 687, 736, 1129,
1385, 1557, 1602 Education, Minimum Foundation Program of; determination of
funds for pupil transportation, SB 207 .__.--------------------------.-543, 584
Education, Minimum Foundation Program of; local funds for maintenance, operation, SB 223 ._..............-.--------.--_----.----..725, 800, 842
Education, Minimum Foundation Program of; percentage of participation, local, State, SB 224 _-..._.__.._------..------___.__------725, 800, 842
Education, Minimum Foundation Program of; school lunch funds, HB 785 ..------------_------.--------------------------1115, 1116, 1166, 1366, 1474
Education, Minimum Foundation Program of; teacher allotment, SB 13 ----__.____._.._....._.._.__----__.------------_.------....43, 54, 75, 96, 97
Education, Minimum Foundation Program of; vocational school funds, HB 272...._____---------____.--------------341, 346, 396, 679, 823, 1214
Education; State Scholarship Commission accept money or property for student aid program, HB 953 ---- 1534, 1541, 1579, 1734, 1826
Education; teacher certify attendance records, HB 271-----925, 930, 1004, 1129, 1385, 1803, 1841, 1890, 2003
Education; teacher tenure, local school systems
provide, SB 84 __._______----_ _
.............------_------....-..-154, 182, 330
Effingham County; commissioners, compensation, SB 239 . -- ... 854, 889, 1030, 1051, 1151, 1424, 2023
Eisenhower, General Dwight D.; speedy recovery, SR 177 ____----.._------.2010
Election Board, State; Mrs. Melba Williams, election ....------.--.----_----_--12
Election Code, Municipal; revise, HB 917 ----1425, 1427, 1502, 1678, 1840, 2015
Election Day; declared legal holiday, HB 4 __..------............---- 240, 250, 295, 1735
Election Laws Study Committee; create, HR 249 __-1307, 1313, 1363, 1506, 1545
Election Returns; canvasssing and publishing, HR 5 __--__.__._12, 13, 28
Elections; absentee ballots, counted as other
challenged ballots, HB 258 ___--------_____..__.----223, 226, 260, 355, 507
Elections, Atlanta; conduction of primaries, HB 381 ........724, 730, 804, 914, 1609, 1799, 1839, 1915, 1975, 2021
Elections; candidates, time to qualify, SB 37 --------_..........--------._----81, 104
Elections; county school superintendents, filling vacancies, HB 560 -----...........------...._...........796, 799, 865, 1678, 1818, 2016
Elections; justices of the peace, filling vacancies, HB 565 ____1493, 1495, 1574
Elections; ordinaries, filling vacancies, HB 561 __._--.796, 799, 865, 1678, 1820
Elections; primaries, procedure for conducting, HB 563 _...._--1035, 1039, 1096,
1383, 1538, 1674
INDEX
2057
Elections; primaries, procedure for conducting, HB 564 _____ 1035, 1040, 1097, 1195, 1387, 1562, 1634, 1708, 1733, 1836, 1905
Elections; primaries, returns, HB 562 .__-___..__-.-925, 931, 1005, 1384, 1538 Elections; residence requirements, SR 5 __.____._._.__.__27, 44, 914, 983, 1010 Elections; voter qualifications, HB 559 _.._____________..925, 931, 1005, 1048, 1269 Ellijay, City of; change corporate limits, HB 873 __.1209, 1217, 1316, 1369, 1454 Emanuel County; commissioners, terms HB 501 ________.665, 672, 733, 898, 957 Emeritus Offices; State House officials, HB 509 __. _.._.... ...852, 857, 891, 1677 Emerson, City of; change corporate limits, HB 916 __.1422, 1427, 1502, 1556, 1592 Eminent Domain; amounts condemnees may draw on
appeal to higher court, SB 86 ______...-_-___154, 182, 229, 273, 332, 380 Employees* Retirement System; additional tax
collectors, HB 184 _____.___________________1377, 1431, 1802, 1894, 1900 Employees* Retirement System; district attorneys superior
court judges members, HB 186 ____-_._____.__ 341, 345, 395, 1367, 1979 Employees' Retirement System; federal employment, SB 6 -_________-27, 44 Employees' Retirement System; interest included in
computation, HB 199 _______________.______. 1493, 1494, 1573, 1802, 1895 Employees' Retirement System; investment of assets, SB 5 __--_------_--27, 44 Employees' Retirement System; members holding federal
office, HB 12 __._____.__._..___,,___.____________.___..______.70, 72, 85, 214, 233, 381 Employees' Retirement System; prior service, SB 40 _____________________..101, 123 Employees' Retirement System; prior service credit, SB 58 ----_----__-_118, 139 Employees' Retirement System; prior service credit armed
forces, SB 60 _______._______.._._._.____________-118, 139, 1222, 1327, 1343 Employees' Retirement System; superior court judges
continue membership, SB 69 _________________________120, 141, 622, 688, 766 Employees, State; 26 pay periods per year, SB 210 ___.__..__.___...__.573, 614 Employees, State Projects; wages, SB 242 _____________________________ 854, 889 Employees, State; public funds for education, SB 271 _______________1157, 1219 Employment; lie detector test requirement prohibited, SB 195 _____--.515, 547 Employment Security Agency; supplemental appropriation
for, HB 135 _______________________________384, 390, 522, 563, 598, 1037 Employment Security Law; change benefits and
eligibility, HB 447 ___________________________________386, 392, 524, 551, 589 Employment Security Law; extended unemployment
compensation fund expenditures, HB 136 _________384, 390, 522, 678, 761, 1037 Employment Security Law; week waiting period, SB 105 ________..178, 199, 551 Escort Committee; Governor Lester G. Maddox ._.__________________13 Estates; fiduciary bond, reduction, HB 703 _________________.1567, 1571, 1690 Estate, Wife's Separate; limitations, HB 89 ________-....340, 345, 395, 867, 1015 Ethics Code Study Committee; create, SR 136 ~_________________________1494 Evans County; ordinary, monthly allowance,
SB 117 __._______________________________209, 226, 328, 356, 509, 1086, 1485 Eviction Proceedings; tenant's right of
possession, SB 250 ___.________.____.___________.928, 1003, 1389, 1457, 1484 Excavating; gas pipes, filing and
examination of maps, HB 128 ........._________240, 250, 295, 551, 599, 645,
647, 663, 691, 830, 852
Executions; provide time for taking on judgments, HB 139 .._..__175, 179, 200
Executive Mansion, Ansley Park; disposal of, HR 139 ._________________..1491, 1500, 1578, 1801, 1913, 2017
Executive Order; sales tax on Bible, ratify, HR 304 --1491, 1501, 1578, 1679, 1813
Executive Order; sales tax on certain property, ratify, HR 306 ............___________1492, 1501, 1579, 1679, 1814
2058
INDEX
Executive Order; sales tax on property sale by certain hospitals, HR 305 ____.....____________--1491, 1501, 1579, 1679, 1814
Executive Sessions __..___.__-____--._____.____------____97, 1635 Executor; death, provide for administrator, de bonis
non, HB 627 ____.__--------_____,,.___.--________926, 931, 1005, 1806, 1912, 2013
Executor; sue for full value of decedent's life, HB 609 ._884, 887, 938, 1320, 1412
F
Fairburn, City of; councilmen, election, HB 889 _.....1210, 1218, 1317, 1683, 1697
Fairburn, City of; referendum to annex property, HB 355 ___________________........_...-..-.282, 289, 310, 1030, 1058
Fallout Shelters; public buildings be so designed, SR 106 ...........________________ 997, 1043, 1194, 1276, 1344, 2018, 2025
Family and Children Services, Department of; reimburse county employees for expenses, SB 95 ____.-__.______176, 197, 312, 334, 380, 1687, 2023
Fannin County Commissioners; create, SB 259 -_._____-______1038, 1095, 1556, 1583, 1684, 1903, 1974, 2026
Fannin County; consolidate tax offices, SB 236 ______________.--853, 888, 1030, 1051, 1151, 1756, 1896, 2026
Fannin County; ordinary, compensation, SB 196 _.____--..515, 547, 604, 626, 688 1352, 1811, 2024
Fannin County; sheriff, compensation, SB 233 ___.___.....__.......797, 864, 1683, 1693 1738, 1903, 2026
Fannin County; superior court clerk, compensation, SB 197 --.--516, 547, 604, 626, 688, 1352, 1812, 2024
Fee System; abolish for county employees, SB 200 _______--_.____.642, 583, 1321 Felony Cases; jury consider record, SB 136 ............_...... 285, 306, 678, 749, 843,
1238, 1271, 1493, 2023
Females, Pregnant; marriage licenses, consent, SB 7 __,,__-42, 53, 107, 126, 144 Fertilizer; eliminate registering brand and grade, SB 141 --.286, 307, 561, 595, 660 Fertilizer; inspection, requirements, HB 45 _______.__,,______.___________ 318, 323, 352 Fiduciary's Bond; reduction for estates, HB 703 _--______,,____..1567, 1571, 1690
Firearms; purchase in adjoining states, HB 643----926, 932, 1005, 1194, 1414, 2016 Fireworks; exempt Secretary of State for fighting
starlings, HR 133 ______________________________...._..-668, 674, 735, 914, 1016
Fireworks, Manufacture of; permit certain cases, HB 488 ______________________________-.926, 930, 1004, 1858, 2008, 2016
Firing Ranges; local grand jury must approve, SB 247 ______________ 928, 1002 First Offenders; amnesty, SB 34 _............_____________________________________ 80, 104
Fiscal Officer; provided for General Assembly, HB 352 _________.____.___.----______________________.......795, 798, 864, 1103, 1189
Fitzgerald, City of; territorial limits, HB 569 ----______1083, 1090, 1162, 1196, 1227 Flame of Freedom; placed on Capitol grounds, HR 222 ..----723, 730, 804, 879, 911
Flint Judicial Circuit; secretary to district attorney, compensation, HB 831 _____________________-_____..1488, 1496, 1574, 1804, 1875
Florida-Georgia Boundary; extend seaward, HB 113 ___________193, 196, 213, 331 Floyd County Labor Council; commend, SR 115 __._________,,_______--_. 1234 Floyd County; merit system, establish, HB 700 __.__-884, 888, 939, 1031, 1066 Floyd County; State lease certain property to Edwin
Mathis, HR 255 _____________________________________.1343, 1344, 1365, 1481, 1540 Fluoridation; public water supplies, certain
cities, SB 82 _________________--------------154, 181, 841, 1013, 1028, 1033 Forehand, Mr. Oliver C.; urging U. S. Department of Defense
to compensate, SR 129 ___--------.,,____________------1356, 1416, 1430, 1522
INDEX
2059
Foreign Merchandise in Transit; no property tax, SB 226 ______725, 800, 1081, 1186, 1205, 1674, 1851, 2023
Foreign Trade Zone; establish at Port of Savannah, SR 60 ________305, 326, 679, 757 Forest Park, City of; change corporate
limits, HB 293 ________________________..__._....... 242, 253, 298, 328, 361 Forest Park High School Football Coach; commend, SR 39 ._.._______.___.__________-202 Forest Park High School Football Team; commend, SR 38 ___.,,_........__..._-202 Formaldehyde Fumes; safety rules relating to, SR 82 _________.__612, 675, 1081, 1101 Forsyth County; certain employees, compensation, HB 368 ____283, 290, 310,
329, 368, 370 Forsyth County; commission chairman, compensation,
HB 367 ___.__._._ _.____.__.____.._-____________.____,__ 282, 290, 310, 329, 367, 370 Fort Oglethorpe, Town of; mayor and aldermen,
terms, HB 618 .________________________________.__846, 857, 892, 1030, 1061 Fort Oglethorpe Volunteer Fire Department; commend, HR 164 __.__284, 302 Fort Stewart-Hunter Air Field; urge Congress connect
by interstate highway, SR 31 _.__,,______.______________________190, 207, 1307
Fort Valley, Town of; improved property, sanitary requirements, HB 545 __._________________________569, 579, 619, 898, 959
Fort Valley, Town of; levy occupation tax, HB 544 ___.569, 579, 618, 898, 958 Fort Yargo State Park; easement, State to Plantation Pipe
Line Company, HR 128 ______________________723, 729, 804, 879, 912 Foster, Mrs. Saralyn; congratulate on birthday, SR 97 ____________________________, 877 Fox Hunting; recorded calls prohibited, HB 446 _________-1333, 1334, 1364, 1734, 1999 Francis, Mrs. Eleanor; compensate, HR 225 _______1087, 1093, 1165, 1318, 1396 Freedom's Foundation; monument
at grove, SR 80 ______________________________574, 614, 940, 1013, 1721, 2025 Freedom vs. Communism; taught in high schools, SB 286 _____.1426, 1483, 1501 Fulton County; annexation of property located
in two cities, HB 455 ._..._________--.___________________________________________340, 349, 398 Fulton County; assessment for sewers,
SB 206 ________ ..___.____________________543, 584, 605, 627, 688, 1211, 2024 Fulton County-Atlanta Compensation Study Committee;
create, SR 76 __________________________ 545, 585, 900, 1030, 1054, 1617, 2025 Fulton County-Atlanta Governments Study Committee;
create, SR 148 _________________________________________________________________1570 Fulton County-Atlanta Tax Assessors; continue assessments,
property tax, SB 204 ______________________________________________543, 583 Fulton County Civil Court; filling of
vacancies, SB 100 ___________________177, 198, 897, 945, 1032, 1617, 2024 Fulton County Civil Court; judges'
compensation, SB 44 ______________101, 123, 1030, 1049, 1151, 2017, 2022 Fulton County; Civil Service Board members,
compensation, HB 628 _________________________721, 728, 803, 1031, 1062 Fulton County Criminal Court; judges'
salaries, SB 38 _______________________________ 81, 104, 1030, 1049, 1151, 1916, 1958, 2022 Fulton County; domestic employees, minimum wage, SB 177 _____-_____344, 394, 643 Fulton County Education Board; retirement,
certain employees, HB 106 ________________________________________133, 137, 161, 1030, 1053
Fulton County Employees; pension payments, SB 59 _______------__ 118, 139
Fulton County; employees' pensions, SB 35 ____80, 104, 1196, 1223, 1343, 2020, 2022
Fulton County; employees' pensions, SB 76 ____________________________________122, 141
Fulton County; exchange of property between State and certain persons, HR 227 _________________.926, 937, 1009, 1194, 1276
Fulton County; fines, fees paid to treasurer, HB 131 __152, 158, 185, 1030, 1053
2060
INDEX
Fulton County; fire prevention systems, SB 205 _._._._._..._._...543, 583, 604, 627,
688, 1307, 2024 Fulton County; hotel, motel tax, SB 203 .___________________________________________542, 583 Fulton County; issue bonds without referendum,
SR 72 . _______________________._____-_-_-_-_544, 584, 606, 815, 881, 1214, 2025
Fulton County Juvenile Court Judge; compensation, SB 252 _________,,.._._________.___ 929, 1003, 1196, 1224, 1344, 2018, 2023
Fulton County Nurse Employee-Management Cooperation Act; create, HB 964 ___.___.__-__._-___.___________..1723, 1724, 1743
Fulton County Ordinary Court Judge; compensation, SB 249 ______._______._._,,___._____.__,,___.___.___.___ 928, 1003, 1196, 1224, 1344
Fulton County; police, firemen, pensions, HB 108 ___________________________________________________________664, 670, 732, 1371, 1683, 1693
Fulton County; sheriff, compensation, SB 66 _______________.___.120, 140, 897, 944, 1032 Fulton County; sheriff, compensation, SB 79 __122, 142, 604, 623, 688, 1424, 1566 Fulton County; solicitor, criminal court, pension plan,
SB 39 ______.____._____,,_.__._.____________.._.___ 81, 104, 1030, 1050, 1151 Fulton County; State sell certain property to
Percy Helmer, HR 270 _______.______.____________,,_________...1425, 1430, 1504, 1805, 1899 Fulton County Superior Court Judges; compensation,
SB 283 _________________________ ________________________________._______________.1356, 1430, 1556, 1585, 1684
Fulton County; tax on autombiles licensed in county, SR 73 __._______.____.__________________.____.__.___.__-_____,,____ ___544, 585, 606, 817, 881
Fulton County Teachers' Retirement; dependent benefits, SB 55 ___.____._....,,___,,____._______________-117, 139, 214, 738, 805, 880, 1903, 2026
Fulton County Teachers' Retirement; prior service credit, SB 78 _________________________________________________ ______________122, 142, 604, 623, 688, 1155, 2026
Furcron, Honorable A. S.; commend, HR 293 ________________________________.______992, 1010
G
Gambling, Commercial; penalty for conviction, SB 135 ______________________ 248, 294
Game and Fish Commission Acts; change definitions, HB 838 ____1560, 15P.3, 1581, 1680, 1824
Game and Fish Commission; Coastal Wetlands Protection Board, HB 212 ._._____________________,,___________________1296, 1309, 1360
Game and Fish Commission; deer hunting rules, HB 375-_---1534, 1541, 1579, 1680 Game and Fish Commission; merit system coverage, certain
employees, HB 648 ___________________________________________________ 1304, 1310, 1361, 1482, 1604
Game and Fish Commission; supervise Council for Preservation of Natural Areas, SB 273 __________________________________________________________________________ _.__________._1158, 1219
Game and Fish Revenues Study Committee; create, SR 163 ________________,,_-.__-1742 Game Promotions; forced participation by lessee unlawful, SB 181 ____387, 520, 551,
645, 688 Gannan, Mr. and Mrs.; commend on 70th wedding anniversary, SR 64 __________ 400 Garbage Disposal; counties grant franchise, SB 103 _______________________________ 178, 199 Garbage; unprocessed, prohibit feeding to animals, HB 935 _______ 1333, 1334, 1364,
1482 Garden City, City of; extend corporate limits,
HB 737 _-__-_-____.____-____-______-----_--_---______--___________927, 934, 1007, 1099, 1177 Garnishment; exempt all salaries, SB 14 ___________________________ 49, 72, 1031, 1067, 1151 Gas Pipes; filing of maps and examination by excavator,
HB 128 _._,,,,______.________-____-_-_ 240, 250, 295, 551, 599, 645, 647, 663, 691, 830, 852 General Assembly; adjourn Feb. 14 to Feb. 17, HR 140 _______________,,.__.___ 209, 231, 279 General Assembly; adjourn Feb. 21 to Feb. 24, HR 192 _.__.___________379, 380, 508, 509
INDEX
2061
General Assembly; adjourn Feb. 28 to Mar. 3, SR 88 -_____.....-___..-....._..686, 687, 688 General Assembly; adjourn Mar. 7 to Mar. 10, SR 99 ................917, 918, 919, 928 General Assembly; adjourn Mar. 13 to April 23, HR 314 __.-____-..__....__._._.1191, 1196 General Assembly; adjourn Mar. 14 to Mar. 17, SR 122 _____________ .1273, 1302, 1307 General Assembly; adjourn Mar. 21 to Mar. 24, SR 143 ___....... __._._1615, 1675, 1685 General Assembly; adjourn sine die, HR 405 ~.._._....________________._.____1709, 1757 General Assembly; adjournment sine die, amend HR 405,
SR 180 ._.-____...._..___-.._..._.....-......_.-....-._._...__.___........-_.______..1981, 2011, 2020, 2026 General Assembly; amend Constitution to change meeting
time, SR 118 __._,_______._..__,.-________._..-.-_________.-..--_____--..______--._____-_.__- 1215, 1314 General Assembly; joint session, message from Governor, HR 6 ...._.._____. 12, 13 General Assembly; joint session, message from Governor, HR 7 ..-----.--..12, 13 General Assembly; joint session Jan. 20, HR 27 __._----_-__.___..,,.__.___._._...___.45, 87
General Assembly; joint session to hear Maj. Pless & Lt. Col. Jackson, HR 113 __-_..-_-___-......._.._.__-.-.-..__.__--..--__.-.--..--.....,,.-..--.176, 186
General Assembly; joint session to hear Joey Vickers, HR 182 _____...._...___ 313, 316 General Assembly; joint session, Joey Vickers, SR 47 _._....._.--_.__---..- 231, 284 General Assembly; parking space for members, SR 104 _______ 997, 1043, 1417, 1456,
1566, 2020, 2025 General Assembly; provide for fiscal officer, HB 352 _______ 795, 798, 864, 1103, 1189 General Assembly; retirement bills introduced after actuarial review,
SB 289 .. ..._______.-._.__..______..__________.._..________.__..___.__________._.__._._.___.._..1741, 1893 "General" Locomotive; place in Museum in Atlanta, SR 59 _--.----._--_,,--._.250, 295 Georgia Building Authority; security guards employed,
HB 499 ______-_--__---__-_.----. 1492, 1495, 1573, 1678, 1843 Georgia Boundaries; conform to present boundaries,
HB 115 -___________..--___.__-.--_-._____-_.-_--_-..-___._.___.____.._.193, 196, 213, 331, 502 Georgia Commission on National Bicentennial Celebration;
create, HR 251 __...____..__________._..._______..__.____._____.. 1036, 1042, 1098, 1320, 1415, 1560 Georgia Educational Improvement Council; abolish, SB 163 -_....._____ 323, 351, 562 Georgia-Florida Boundary; extend seaward, HB 113 ____.__,,_____ 193, 196, 213, 331 Georgia Higher Education Assistance Authority;
create, HB 168 ____-.____.___-__..-_._____.._686, 687, 736, 1129, 1385, 1557, 1601, 2011 Georgia Higher Education Assistance Committee; powers,
HB 176 -.-______._...-.--__-_-____...-._..._._.-.-_..___._686, 687, 736, 1129, 1385, 1557, 1602 Georgia Higher Education Assistance Corporation; director's surety
bond, HB 433 _________________________722, 727, 802, 1129, 1188 Georgia Higher Education Assistance Corporation; student loan
program, promote, HB 954 ......__.__..__..._.._.._.._._..1534, 1541, 1579, 1734, 1827 Georgia Equine Act; create, HB 507 -______.____-_ __.___..__1304, 1310, 1361, 1482, 1536 Georgia Historical Commission; secretary, salary, SB 29 .________._._____-.71, 85, 1103 Georgia Human Development Commission; create, SB 264 ___..___._,,_1038, 1096 Georgia Industrial Loan Act; tax on fees, interest insurance
premiums, HB 607 ..._...__._...-_._._.___.-.__.___1353, 1357, 1432, 1682, 1840 Georgia Industrial Loan Act; program of consumer information,
SB 64 _____._.__-_.___--.______-____.___________,,___._________..____119, 140, 551 Georgia Laws; prohibit free distribution, SB 246 ____ ___.______.886, 937, 1103, 1200,
1302, 2019, 2026 Georgia Meat Inspection Act; create, HB 524 ......__1568, 1571, 1689, 1734, 1852,
2012 Georgia Motorboat Numbering Act; amend relating to license
fees, SB 256 _._______________.____._.___.__.__-____.___..__.__________.___.__..._____.__996, 1043, 1195, 1284 Georgia Natural Areas Council; change name,
HB 551 ._.._._..__..____.__._____.____.___._.1273, 1318, 1680, 2004, 2013
"Georgia"; official State Song, SR 111 ___._..._____.__._________.__.._______.._......__ ....1090, 1162
Georgia Peace Officers Day; Jan. 21, 1969, SR 18 ..-.....__ ________________________ 108
2062
INDEX
Georgia Science & Technology Commission; change membership, HB 329 ________________________________- 795, 798, 865, 1417, 1612
Georgia Securities Act; registration exemption certain transactions, SB 279 ___________________1309, 1360, 1483, 1523, 1684, 1756, 2023
Georgia-South Carolina Boundary; extend seaward, HB 114 _______________________________._-_______________193, 196, 213, 331, 501
Georgia State Board of Nursing Homes; membership, HB 534 _____________________________ 925, 931, 1004, 1321, 1421, 1535, 1825
Georgia State Scholarship Commission; student aid program, HB 953 _________________________________ 1534, 1541, 1579, 1734, 1826
Georgia State Scholarship Commission; director, surety bond, HB 172 __ _________________________________240, 250, 295, 679, 822
Georgia, University of; commend football team, SR 29 _________ 190, 207, 284 Georgia, University Football Team; commend, HR 163 ____________284, 302 Georgia War Veterans Home; Veterans Board admit,
discharge, SB 110 ____________________194, 211, 354, 503, 538, 1212, 2023 Giles, M.A.; compensate, HR 123 ________________850, 863, 897, 941, 1395 Gillis, Senator Hugh; elected president pro tempore __.________________7 Glascock County; deputy sheriff, compensation, HB 882 ___1305, 1311, 1362, 1556,
1588 Glass Doors; safety glass required, certain
cases, HB 412 _________________________________.1467, 1494, 1573, 1802 Glenn, Miss Layona; commend, SR 105 ________________________________________983
Glynn County Civil and Criminal Court; new name, HB 930 ____________________________________ 1351, 1358, 1433, 1804, 1876
Glynn County Commissioners; compensation, HB 929 __________1351, 1358, 1433
Glynn County; sheriff designate chief jailer, HB 928____ _1351, 1358, 1433, 1804,
1876 Glynn County Urban Redevelopment Law; define "county",
HB 768 _____ __________________________ 1465, 1468, 1504, 1556, 1585 Gordon County Commissioners; compensation, HB 253 __241, 251, 296, 605, 628,
995, 1706, 1709, 1738, 1822, 1834 Gordon County; lease of land by State to Calhoun Elks
Club, HR 188 ____________________________1218, 1238, 1317, 1481, 1545 Gordon County; State transfer certain property to Wilfred J. Mohr,
HR 266 ___________________________________________ 1089, 1095, 1166, 1365, 1537 Gordon County Superior Court; change terms, HB 73 ______281, 288, 309, 605, 628 Governor and Lt. Governor; elect as a unit, SR 103 __________________________997, 1043
Governor's Mansion, Ansley Park; disposal of, HR 139 _______________________________________ 1491, 1500, 1578, 1801, 1913, 2017
Governor; succeed himself, SR 42 ________________________________ 210, 226 Governor, Veto by; change procedure for overriding, SR 43 _____ 210, 226, 914,
1116, 1205 Grady County; possible state park site located therein,
HR 190 ___________________________________1560, 1565, 1583, 1680, 1823 Grady County; tax commissioner and superior court
clerk, salaries, HB 986 ____________________________._.__________ 1488, 1499, 1577 Grand Jurors; public officials prohibited, HB 219 __________280, 288, 309, 867 Grants to Cities, Counties; distribution of, SB 3 ___________________ 27, 44 Grants to Cities; define "population", SB 160 ___322, 351, 355, 503, 510, 1202,
1302 Grants to Cities; population figures used, SB 140 ___________________ 286, 307 Grants to Cities; provide for special census, SB 161 ____322, 351, 355, 1201, 1302
Gray, City of; change corporate limits, HB 939 ________1352, 1359, 1434, 1556, 1594
Greene County; conveyance of property by State, HR 271 ______---______-_-___----_-______1353, 1359, 1434, 1481, 1536
INDEX
2063
Griffin City Court; change name, HB 129 -------------------- 151, 158, 185, 228, 269 Griffin, City of; change corporate limits, HB 276 --------241, 252, 297, 898, 947 Griffin Judicial Circuit; court reporter, compensation,
HB 588 ---------------------------____________666, 673, 734, 898, 961 Griffin Judicial Circuit; secretary for judge, HB 380...---283, 291, 311, 552, 594 Groveland Lake Development Authority; create,
HB 971 __.__--------------------...------.._------__----..1535, 1543, 1580, 1734, 1824
Guardian; spouse given priority, SB 125 .--.246, 292, 552, 595, 660, 1674, 1702,
2023 Guards, Security; Building Authority employ, HB 499 ...._._...-_. 1492, 1495, 1573,
1678, 1843 Guyton, City of; change corporate limits,
SB 241 _------.--,,----_--------------854, 889, 1030, 1052, 1151, 1424, 2025 Guyton, City of; city officials, salaries, SB 188 -------388, 521, 604, 625, 688,
2017, 2024 Gwinnett County; certain officials, compensation,
HB 808 ----------__-----_--------..-----...1084, 1090, 1162, 1368, 1448 Gwinnett County; merit system board, HB 974 --------1487, 1498, 1576, 1683, 1698 Gwinnett County; relating to audits, HB 1005 .------1618, 1620, 1691, 1737, 1751 Gwinnett County; sewer and water system, establish,
HB 972 ----------------.--------.----------------------1489, 1497, 1576, 1683, 1698 Gwinnett County; tax commissioner, compensation,
HB 809 ----------------------------------------.---- 1084, 1090, 1162, 1368, 1448 Gwinnett Judicial Circuit; investigator for district attorney,
HB 482 __.____-__-___.__--------------------512, 518, 549, 606, 640
H
Habersham City Court; change name, HB 94 -----------132, 136, 160, 228, 264 Habersham City Court; judge, solicitor, compensation,
HB 56 ------.----------------.----..----____----------.-.100, 102, 124, 143, 167 Habersham County Commissioners; compensation, HB 57 --.--100, 103, 124, 143,
168 Habersham County Commissioners; election and
compensation, HB 34 --------------------_----------___78, 82, 105, 328, 358 Habersham County; deposit of funds, HB 798 ----1154, 1160, 1221, 1368, 1447 Habersham County; establish fire protection districts,
HB 450 ,------------.--------------------------------__---340, 349, 398, 738, 809 Habersham County Hospital Authority; board of trustees, selection
of members, HB 96 ----------------------------------132, 136, 160, 228, 265 Habersham County; ordinary, compensation, HB 97 --132, 136, 160, 228, 266, 320 Habersham County; superior court clerk, compensation
HB 95 --------------------------__....--__.------132, 136, 160, 228, 265, 320 Habersham County; tax commissioner, salary, HB 110 --------133, 137, 161, 898,
948, 1036 Habitual Offenders Study Committee; create, SR 50 ------__--------.--------249 Hamilton, Mrs. Grace T.; speedy recovery, SR 114 _----------------------1234 Hancock County Small Claims Court; fees and costs,
HB 592 ----_------_------------------.------------.845, 857, 892, 1030, 1061 Hapeville, City of; mayor, veto power, HB 322 --------245, 256, 300, 1030, 1056 Haralson County; commissioner, compensation, HB 624 --721, 728, 803, 899, 964 Haralson County; sheriff and ordinary, compensation,
HB 623 --------__....--------------------------.------------721, 728, 803, 899, 964 Haralson County; treasurer's employees, compensation,
HB 622 --------__----------------------------------------721, 728, 802, 899, 964
2064
INDEX
Haralson, Town of; extend corporate limits, HB 951 ....___.1422, 1428, 1503, 1556,
1595 Harris County; number of deputy sheriffs, HB 860 -...1489, 1496, 1575, 1683, 1695 Harrison, Dr. Edwin Davis; commend, SR 27 --------------...__..-------- 121, 169 Hart County; deputy sheriffs, compensation, HB 124 ...._.. 151, 157, 184, 228, 267 Hart County High School Girls Basketball Team; congratulate, SR 161_______.173'7 Hart County; superior court and ordinary clerks, salaries,
HB 123 ___.__.--___._-----_-_-.-._-------.---.-___.--.151, 157, 184, 228, 267 Hart County; tax commissioner assistant, salary, HB 125 _..._ 151, 157, 185, 228,
267 Hartman, Honorable Don Lee; commend, HR 219 ----------_.. ------....._..541, 553 Hartwell, City of; mayor, term, HB 835 ..------.----1086, 1093, 1164, 1369, 1452 Harvey, Honorable David; commend, SR 32 --------------------....--------____. 190 Hatchery Operators; method of registration, HB 697 --.1115, 1116, 1166, 1195, 1853 Hatchery Operators; registration, SB 261 ..._------------..----------------1038, 1095 Hawkinsville, City of; change corporate limits,
HB 963 ____......_.--__-_--._--_-__------._.-__----------1423, 1429, 1504, 1556, 1597 Hawkinsville, City of; commissioners sell certain land,
HB 671 -------.------.._____.--_--__---_--.------------.848, 860, 895, 1368, 1442 Hawkinsville, City of; competitive bidding on certain
property, HB 664 ----....------....------..._-----------. 847, 860, 894, 1368, 1440 Hazlehurst, City of; mayor and commissioners, compensation,
HB 962 __..__.._--_------___-.___.------------------1423, 1428, 1503, 1556, 1596 Health Boards, Counties; control of rabies,
HB 226 ----..-_----_._--_--..-..._.------------925, 930, 1004, 1803, 1896, 2012 Health Code, Georgia; amend provisions, HB 262 _--..--_ 540, 545, 585, 621, 1894 Health Code, Georgia; hospitalization procedures, mentally
ill, SB 1------..__----_.-__.-.------------__-_-____. 26, 43, 587, 766, 823, 880 Health Code, Georgia; hospitalization procedures, mentally
ill, HB 1 ---------_--------------853, 855, 890, 1104, 1205, 1239, 1285, 1295,
1334, 1712, 1720 Health Department, State; license ambulance service, SB 274 _________.1158, 1219 Health, State Board of; require fluoridation of water supplies,
certain cities, SB 82 __--------------------------.154, 181, 841, 1013, 1028, 1033
Heard County; assistant for superior court clerk, HB 159 ___.174, 180, 201, 228, 272 Heard County; commissioners, expense allowance, HB 157 --173, 180, 201, 228, 271 Heard County; sheriff, deputies, salaries,
HB 158 _._-------- _-------------_---------------------.173, 180, 201, 229, 271 Helen, City of; new charter, SB 284 ....--....1426, 1501, 1556, 1585, 1685, 2018, 2025 Helena, City of; title to certain property, HB 884 --...1305, 1312, 1362, 1556, 1588 Henderson, Honorable Vivian W.; remarks _--_._----------------.------__--------147 Henry County; certain officials, compensation,
HB 762 --.__.___----.----..__--_---_------..--.._.......--992, 999, 1045, 1196, 1230 Henry County; commissioners, compensation, HB 764 ... 992, 999, 1045, 1196, 1231 Henry County; superior court, terms, HB 765 __----991, 999, 1045, 1196, 1232 Henry County; tax commissioner, compensation, HB 948 -_...1422, 1427, 1502,
1556, 1594 Henry County; treasurer, compensation, HB 763 ----.992, 999, 1045, 1196, 1230 Henry Grady Hotel Lease; State accept bid of Jamestown
Shopping Center, Inc., HR 226 ----....1491, 1500, 1578, 1583, 1837, 1848, 2017 Higher Education Assistance Authority; create,
HB 168 _----._....___.--._--.------------ 686, 687, 736, 1129, 1385, 1557, 1601, 2011 Higher Education Assistance Committee; powers,
HB 176 --------------------.--------686, 687, 736, 1129, 1385, 1557, 1602
Higher Education Assistance Corporation; director's surety bond, HB 433 _....----------.----.__..--------.._.......------....722, 727, 802, 1129, 1188
INDEX
2065
Higher Education Assistance Corporation; student loan program, promote, HB 954 .________________........--_.__ .1534, 1541, 1579, 1734, 1827
Highway Authority Act; authorize additional bonds, HB 436 ___----..------___.......667, 671, 732, 1048, 1190, 1197, 1206, 1274, 1536,
1542, 1959, 1975
Highway Department; acquire rights-of-way in advance of need,
HB 118 __--.._----.......__-.____..__ 318, 323, 352, 677, 759, 883
Highway Department; acquire rights-of-way for Blue Ridge
Parkway, SB 238 _ _
_._ 853, 889, 900, 982, 1032, 1688, 2026
Highway Department; assistance to businesses or persons
displaced, HB 120 ____.----_...__...,,_.--.________--........_____319, 324, 352, 866, 910, 1013
Highway Department; contracts for prison labor, SB 189 _.--------____..----......_._----------.-______.._..__.389, 521, 866, 1329, 1419
Highway Department Contracts; periods of limitation of actions, SB 88 _.______________--_.__._.._...._____________._--._..__.________165, 182, 229, 274, 301
Highway Department; designate "E.S. Lane Bridge", HR 257 .....-..-----...-......-...-....---.-...-_-.-.-..--1491, 1501, 1578, 1682, 1816
Highway Department; easements in DeKalb County,
SR 108 ._.____,,_......_-..--.____._._.._.._...,, .--1039, 1096, 1167, 1266, 1903, 2025
Highway Department; retain proceeds of property acquired, HB 119 .--...--..--___________--.--..._...._-._____._....-----._..-....... 318, 324, 352, 677, 760
Highway Department's Maintenance; define responsibilities in certain cities, HB 347 ..,,-_.._._..._.-..____..._-_-610, 613, 676, 1167, 1284
Highway Laws Study Committee; create, HR 144 ....____...... 851, 863, 897, 1319, 1415 Highway 19; designate as Scenic Highway, HR 250 ....1268, 1271, 1318, 1484, 1537 Highway Patrol; require two members in each car after
dark, SB 89 ._._._------.--......._._._._..______.----_______ ___.______._.,,____ 155, 183 Highway Projects; Highway Department regulate installation
of public utilities, SB 85 ___._.___..__......... 154, 182, 677, 744, 842, 1721, 1799, 2023 Highway, Richard B. Russell Scenic; designate, HR 90 ....386, 392, 524, 677, 822 Highway; annual permits for overheight vehicles,
HB 121 ____...._..........__.-....__--.....___.______________________.319, 324, 352, 1048, 1101, 1212 Highways; road funds, proof of deposit, HB 557 __...______.883, 887, 938, 1103, 1191 Highways, State; utilities obtain permits to use, SB 87 ____--....------------- 155, 182 Hijacking Aircraft; offense and penalty, HB 458 ....... 514, 516, 548, 805, 874, 1308 Historical Commission; appoint State Archaeologist,
SB 146 __._____.__--....._-_______.__..___._....._..._.. 287, 308, 399, 526, 563, 1753, 1828, 2024 Historical Commission, Georgia; secretary, salary, SB 29 ___.___.______71, 85, 1103 Historical Museum, Cyclorama; committee to study, SR 79 ------__------_.____ 574 Hodges, Mr. T. L., Jr.; compensate, HR 134 _--.._..1708, 1711, 1742, 1802, 1914 Holiday, Legal; general election day, HB 4 _._..._..240, 250, 295, 1735 Holidays, Legal; change time for observing, SB 17---.50, 72, 75, 96, 97, 153, 170 Holidays, Legal; time for observing, SB 51 _--___.______....117, 138, 227, 273, 301,
2019, 2026 Hollomon, Mr. Vernon F.; compensate, HR 95 ........__.________850, 863, 897, 941, 1394
Homerville, City of; elections, HB 465 ........__._._______.566, 575, 615, 898, 955
Homestead Exemption Study Committee; create, SR 90 ...__--.....----..797, 2024
Hospital Authorities; create retirement plans, HB 651 ___._...926, 932, 1005, 1366,
1469, 1561
Hospital Authorities; expand functions and powers, HB 74 _____......._..____..________.__.___._._.........__.153, 157, 184, 312, 332
Hospital Care; relating to Insurance Code,
SB 41 _.______--__.101, 123, 1194, 1234, 1302, 1835, 1844, 1904, 1955, 1958, 2000, 2020, 2021
Hospitalization, Mentally 111; procedure, SB 1 ._.._.........26, 43, 587, 766, 823, 880
2066
INDEX
Hospitalization, Mentally 111; procedure, HB 1 ______._853, 855, 890, 1104, 1205, 1239,
1285, 1295, 1334, 1712, 1720
Hospitalized Mental Patients; procedure for transfer,
HB 263 -______________-______________.____--___________________._____.._______________540, 545, 586, 621, 761
Hospital Officials; not liable, certain cases, HB 239 ___.____795, 797, 864, 1320, 1390
Hospitals, Non-profit; sale of property, no sales tax, ratify
executive order, HR 305 _._-----_____-------__-___--1491, 1501, 1579, 1679, 1814
Hostess for State; designate Miss Georgia, HR 361 ------_______________________1674, 1685
Hotels, Motels; tax on rentals collected by cities and counties,
HB 812_____________
_____________ 1304, 1310, 1361, 1682, 1796, 1892
Hourly Laborers; paid within three days upon
dismissal, SB 131 --__--_-__---__---______.--_______.__.________248, 293, 330, 375, 509
House of Representatives; procedure for considering appropriations
bill, HB 142 __-___.____,,__.._,,.__________.___.___________ 915, 916, 939, 1103, 1189
Housing & Redevelopment Authority; City of Atlanta, SB 36 __.----__------81, 104
Houston County State Court; establish, SB 216 __..____668, 731, 898, 946, 1032, 1307,
2023
Houston Judicial Circuit; create, HB 138 ------------_______384, 390, 522, 1389, 1469
Human Body; authorize gift of after death, HB 83 ____174, 179, 199, 355, 525,
588, 589
Human Development Commission, Georgia; create, SB 264 __________ _____________1038, 1096
Hunger and Malnutrition Study Committee; create, SR 150 _--_______.____________1570
Hunter Air Field-Fort Stewart; urge Congress connect by interstate
highway, SR 31 __._-__--__.________________________________________ ____190, 207, 1307
Hunters, Deer; wear visible clothing, SB 227 ________________________________725, 801
I
Illiteracy Study Committee; create, SR 149 ___________________________________________ ___1570 Income Taxes; rebated to deceased Vietnam soldier's estate,
HB 862 ___________ _______________.______________________..______..____________1559, 1564, 1581, 1744, 1992 Income Tax; armed forces exemption, HB 333 ________________385, 391, 523, 1274, 1375 Income Tax, Federal; urge Congress retain exemption on
municipal bonds, SR 95 __________------886, 938, 1483, 1523, 1685, 1834, 2025 Income Tax Returns; forms, HB 527 ___.__,,_____.______ 883, 886, 938, 1384, 1475, 1540 Income Tax Returns; provide for late returns, HB 280 _____1353, 1356, 1432,
1744, 1897 Income Tax, State; change corporate and individual rates,
HB 162___.____________________._______________647, 661, 676, 940, 1074, 1078, 1088, 1105, 1121, 1130, 1285, 1294
Income Tax, State; exempt certain retirement income, SB 290 --_____________ ____1893 Income Tax, State; military officers' exemption, SB 108 ____194, 211, 227, 275, 302 Income Tax, Withholding; time for payment by employer to
Commissioner, HB 864 _______________________________________________1560, 1564, 1582, 1744 Industry and Trade Department; funds for welcome centers,
HB 532 --_______--_.__________________.-._...___________.1465, 1467, 1505, 1554, 1603 Industry and Trade Department; maintain welcome centers,
SB 231 -_____-.-._._.----_------------726, 801, 1322, 1376, 1484, 2019, 2023 Industry, New; interest limitations removed, HB 289 ____319, 325, 353, 1104, 1201 Innis, Mr. C. O.; compensate, HR 53 ______.-__--_______________572, 581, 606, 620, 710
Inspection Program; motor vehicles, HB 218 -__385, 390, 523, 879, 913, 1017, 1833
Institute for Research in Bio-Technology; create, SB 263 ____1038, 1322, 1463, 1566, 1835, 2026
Insurance Adjuster; define terms, SB 31 __________.__80, 103, 125, 148, 170
INDEX
2067
Insurance; amend Code to define variable annuity contract, HB 320 .__-....-...........__ --------.------.------.686, 687, 736, 866, 987, 1036
Insurance Brokers; regulating business with foreign insurers, SB 214 .____________.__....._..._..._......_..__.----_.-_612, 675, 805, 875, 917, 2019, 2024
Insurance; change provisions for revocation of certificates, SB 32 ----------_.._._._.__._____.__._______._----80, 103, 125, 148, 170, 1213, 1332, 2026
Insurance Code; amend relating to hospital care, SB 41 ___________.--------... 101, 123, 1194, 1234, 1302, 1835, 1844, 1904, 1955,
Insurance Code; change "state" to "jurisdiction",
1958, 2000, 2020, 2021
SB 52 -___----... -----_------.---- ---- -- 117, 138, 186, 203, 220, 1753, 2026 Insurance; Commissioner impose fines in lieu of revocation of
certificates, SB 30 --------..------. --------._--------.---.79, 103, 125, 147, 170
Insurance Companies; venue in actions, HB 457 ----.1301, 1310, 1360, 1555, 1612 Insurance Contracts; identical benefits, SB 211 _._._...-----------._.._____-- 573, 614 Insurance Contracts; reimbursements, SB 24 __------------_----..._--. 70, 84 Insurance; coverage for State employees, SB 126 ---- 246, 292, 562, 598, 680,
1834, 1837, 1859, 1899, 2023 Insurance, Endowment Policies; Georgia Securities Act, redefine
terms, HB 319 __..--------_-------------__.,,.._. 686, 687, 736, 866, 988 Insurance, Group Life; coverage on death of spouse or child,
SB 257 ---------__.-------_-------- 997, 1043, 1194, 1277, 1302, 1720, 2026 Insurance, Group Life; raise dependents' coverage, HB 117 ----..926, 929, 1003,
1274, 1384 Insurance, Group Life; relating to conversion and divesting,
HB 20 _-__.,,___.__...._____..--^_----.___.--__------152, 156, 184, 186, 205 Insurance; licenses, fines in lieu of suspension, SB 33.-..-- 80, 104, 125, 148, 170 Insurance; licenses of agents, expiration of, SB 48 ----_...._____.__________ 116, 137 Insurance, Life; gifts to minors, HB 19 ______._--152, 156, 183, 186, 204, 223 Insurance, Life; group coverage against death of children,
HB 17 --__--------------------.__----.__.--------._.. 152, 156, 183, 186, 203 Insurance on Dwellings; paid directly to contractors, SB 225 --....._______- 725, 800 Insurance; premium financing, regulation of, HB 453 ....--1122, 1159, 1221, 1483,
1525, 1827, 2012
Insurance Premiums; Georgia Industrial Loan Act, change tax
rate, HB 607 --_------------.-----------------------1353, 1357, 1432, 1682, 1840
Insurance, Property; available to all applicants,
SB 222
-- _------------------__________669, 731, 1104, 1404, 1484
Insurance; relating to consent of the insured, SB 248 ....928, 1003, 1384, 1405, 1484 Insurance; renewal license examination not required, SB 25 ----.70, 84, 125, 145,
170, 1753, 2026 Insurance; surplus funds borrowed by companies, SB 245 ----885, 937, 1104, 1191,
1302, 1688, 2026 Insurers; relating to special investments, HB 18 .....__152, 156, 183, 186, 204 Intangible Tax Return; forms, HB 527 ----------------.883, 886, 938, 1384, 1475, 1540
Interest, Rate of; no limit, certain written agreements SB 208 __...._.__-------- ...______....__....._._.._543, 562, 584, 648, 662, 1345
Interest Rates; increase on real estate loans, SB 121 ----.224, 258, 260, 313, 314, 538, 556, 559, 565, 607
Interest Rates; loans on new industry, HB 289 --------.319, 325, 353, 1104, 1201
Intergovernmental Action Commission; create, SR 157 _--......__......-_____..___..___..1689
Interstate Compact on Juveniles; Georgia be a party to, SB 93 -.----176, 197, 941,
1329, 1419
Interstate Highways; urge Congress include military installations, SR 14 _......_._..._..._.........__81, 105, 144, 170, 190, 1307, 2025
2068
INDEX
Interstate Highway; urge Congress connect Fort Stewart and Hunter Air Field, SR 31 ______________________________._.______190, 207, 1307
Investments by Insurers; relating to limitation, HB 18 _____... 152, 156, 183, 186, 204 Irwin County; commissioners, compensation, HB 391 .--304, 305, 327, 1196, 1226,
1354
J
Jackson, Graham; wishing a speedy recovery, SR 56 --____________-.._....______ 278
Jackson, Lt. Col. Joe M.; commend, SR 19 _____________________-___.___________113
Jamestown Shopping Center; bid on Henry Grady Hotel Lease
accepted, HR 226 ___._,,________,,_..._.. 1491, 1500, 1578, 1583, 1837, 1848, 2017
Janitorial Supplies Study Committee; create, SR 44 _________________________ 210
Jasper County Commissioners; compensation, HB 556 ___________570I 580, 619, 728,
814
Jasper County; sheriff, compensation, HB 555 _.___-___-570, 580, 619, 738, 813
Jeff Davis County; commissioners, compensation,
HB 961 ____________________________________________1423, 1428, 1503, 1556, 1596
Jeff Davis County; relating to sheriff's office,
HB 207 ___-___-________-_______-222, 225, 259, 1030, 1054, 1088, 1112, 1193,
1203. 1726, 1835
Jeff Davis County; superior court clerk, salary,
HB 210 _.___.__._____________222, 225, 260, 1030, 1055, 1088, 1114, 1193,
1204. 1728, 1836
Jefferson, City of; change corporate limits,
HB 958 ___________________.____________________1423, 1428, 1503, 1556, 1595
Jefferson County; commissioners, compensation,
HB 487 _..___________---_-_--____--_-___ ____513, 518, 550, 606, 641
Jefferson County; sheriff's office, personnel, HB 486 ___.512, 518, 549, 606, 641
Jesup, City of; city attorney, commissioners appoint and fix
salary, HB 977 ______._._____._________1487, 1498, 1576, 1804, 1887, 2015
Johnson County; commissioners, filling vacancies,
HB 846 _______________________________________________ 1154, 1161, 1222, 1369, 1453
Johnson, Mr. William B.; compensate, HR 20 ____________672, 581, 606, 620, 707
Joint Sesson; hear Joey Vickers, HR 182 _._______________________..._.__.313, 316
Joint Session; hear Joey Vickers, SR 47 __________________________________________ 231, 284
Joint Session; hear Major Pless & Lt. Col. Jackson,
HR 113 _____--_-___-- _____
_________________176, 186
Joint Session; Jan. 20, HR 27 ________,,-________ ____________________________.___45, 87
Joint Session; message from Governor Jan. 14, HR 6 ________________12, 13
Joint Session; message from Governor Jan. 16, HR 7 ________________________ __._12, 13
Jones County; commissioners, compensation, HB 472 _________511, 516, 548, 605, 639
Jones County; sheriff, compensation, HB 471 ________.__511, 516, 548, 605, 638
Jones County Superior Court; State librarian furnish volumes,
HR 274 _____________________.__________________________1088, 1094, 1165, 1555, 1605
Judge; release defendant on own recognizance, HB 47 _____153, 157, 184, 552,
595, 723
Judges, Superior Court Emeritus; widows' benefits,
SB 9 _________________________________________.____42, 53, 214, 231, 272
Judges, Superior Court; limit compensation, SB 221 ________669, 731, 1267, 1326
Judges, Superior Court; salary, expense allowance,
HB 122 ________________________________209, 211, 227, 331, 372, 375
Judges, Trial and Solicitors; retirement fund, allow law
practice, SB 12 ___________________________________42, 54, 162, 187, 207
Judgments; provide time for taking executions, HB 139 ___________________ 175, 179, 200
INDEX
2069
Judiciary Committee; function after adjournment, SE 155 --------__..__-1689 Judiciary; revise constitutional provisions, SR 8 __-__-----_--.51, 73, 1389 Junked Motor Vehicles Study Committee; create, SR 119 _..1215, 1506, 1522, 1685 Jurors, Grand; public officials cannot serve, HB 219 ._.._.__280, 288, 309, 867 Juries; felony cases, consider record, SB 136 ----..285, 306, 678, 749, 843, 1238,
1271, 1493, 2023 Jurors, Coroner's Court; compensation, HB 605 ----__...-.,, 915, 916, 940, 1010, 1191 Jury Clerks, Commissioners; compensation for revising lists, SB 159 -----322, 351 Jury Duty; compensation by employer, SB 98 ----___--_--_._--__----__.--177, 198 Justice, Mr. K. W.; compensate, HR 93 ------._._.__----.572, 582, 606, 621, 713 Justices of the Peace; filling vacancies, HB 565 ----------------.1493, 1495, 1574 Justices, Supreme and Appeals Courts; salaries, SB 26 ...._.70, 84, 126, 146, 150,
373, 509
Juvenile Court Law Study Commission; judges, compensation, HR 64 ----_--------------------------..--------541, 546, 586, 1555, 1615
Juveniles, Employment of; prohibit soliciting, SB 132 ----.248, 293, 330, 376, 509 Juvenile, Interstate Compact; Georgia be party to,
SB 93 ----------------------------------------__-----176, 197, 941, 1329, 1419 Juveniles; right of bail, HB 590 .----------__.._...........----.1561, 1563, 1581, 1806, 1910
K
Kidd, Senator Culver; elected as member of State Properties Control Commission ,,--___----------..._-.-----___----_--------__--..._..--__.__--.11
King, Martin Luther, Jr.; January 15, state holiday, SR 21 .-288, 309, 1389, 1410
L
Labor Department; receive appropriation for Employment Security Agency, HB 135 .-.---------------....-........................384, 390, 522, 563, 598, 1037
Laborers, Hourly; paid within three days upon dismissal, SB 131 -_......_.__.-.__--,,---_-__._.._-..-._...-_--------------.248, 293, 330, 375, 509
LaFayette, City of; reincorporate, HB 583 ------__------ 665, 673, 734, 898, 960 LaGrange, City of; increase corporate limits, HB 224 ........241, 251, 296, 328, 359 Lake Lanier Islands Development Authority; define certain words,
HB 782 _.____.._------............_.-.-.--------__._--1673, 1676, 1692, 1735, 1980, 2014 Lake Lanier Islands Development Commission; agency of State
Government, HB 781 -----------------------__------ 1673, 1675, 1692, 1735, 1979 Lamar County; chief deputy sheriff, compensation, HB 261 .----....281, 288, 309,
898, 947 Lamar County; coroner, compensation, HB 995 ----.....1559, 1565, 1582, 1737, 1750 Lamar County; superior court clerk, compensation,
HB 294 ._..._...--------_..........._........----.............------.......282, 289, 309, 898, 951 Lancaster, Dr. Homer Harrison; commend, SR 127 ------------.--..--_----1369 Land and Water Conservation Act; State Division of Conservation
to administer funds, HB 684 .....___.----------------_ .1561, 1563, 1581, 1735, 1846 Landlord; eviction proceedings, tenant's right of possession,
SB 250 ------------------------------_--------------928, 1003, 1389, 1457, 1484 Lane Bridge, E. S.; Highway Department designate,
HR 257 __.____----................_....----._---------____.._. 1491, 1501, 1578, 1682, 1816 Lanier County; commissioners, compensation, HB 825 ------.1085, 1092, 1163,
1369, 1451 Lanier County; sheriff and deputy, compensation,
HB 823 --------------------_----------------_.............. 1085, 1092, 1163, 1368, 1450
2070
INDEX
Lanier County; superior court clerk, compensation, HB 824 _1085, 1092, 1163,
1369, 1450
Lanier, Mr. John R.; compensate, HR 236 .----------1088, 1094, 1165, 1319, 1401
Laurens County; commissioners, compensation,
HB 828 --..--.--.---.------...------------------1086, 1093, 1164, 1369, 1452
Laurens County; ordinary, increase supplemental
salary, HB 728 .----
.__------_----------__----921, 934, 1007, 1099, 1176
Laurens County; sheriff, compensation, HB 726 .----921, 933, 1007, 1099, 1175
Laurens County State Court; judge and solicitor, compensation,
HB 512 -----------------._.._____------------------567, 576, 616, 738, 811
Laurens County; superior court clerk, compensation,
HB 725 ----------.--.-------------------------921, 933, 1006, 1099, 1175
Laurens County; tax commissioner, compensation,
HB 727 -------..-------------------------921, 933, 1007, 1099, 1176
Laurens County; treasurer, compensation, HB 723 -----920, 933, 1006, 1099, 1174
Law Enforcement Officers; motor vehicle operators,
procedure for arrest, HB 572 .--------------724, 730, 805, 879, 912, 995, 1192 Lawrenceville; mayor and council, election, SB 124 ----246, 292, 328, 356, 509,
1210. 2023 Lawrenceville; redefine city limits, SB 220 .....................669, 731, 898, 946, 1032,
1211. 2025 Laws, Effective Date; resolutions and local bills not
affected, HB 3 ____________------------------46, 52, 74, 126, 149
Lee, Clyde Perdie; compensate, HR 111 ---- -__________._-572, 582, 607, 621, 714
lee County; sheriff, equipment and supplies, HB 758 ,,_923, 936, 1009, 1100, 1183
Legislation, Retirement; bills reviewed for actuarial
soundness, SB 289 ----------------_____......_....._...__--------------1741, 1893
Legislative Counsel; commend, HR 417 --------------------___-------- 1754, 1889
Legislative Counsel; commend ladies, HR 412 ...----------------------_..1754, 1889
Legislative Retirement System; provisions not apply after
January 1, 1969, SB 45 --------------__----------------_.___---------- 116, 137
Legislative Retirement System; redefine "staff members", SB 47 _--116, 137, 214
Legislative Retirement System; repeal, SB 28 ----------------------__..._.71, 84, 214
Legislative Retirement System; twenty years' service, eligible
age 65, SB 65
__..--------------119, 140, 622, 683, 700, 718, 842
Lender Credit Card Act; relating to credit transactions,
HB 413 ------------------------__.......----------------796, 798, 865, 880, 911
Leslie, Town of; deadline for notice of candidacy,
HB 134
_________._--------------_152, 158, 185, 228, 268, 320
Lewis, Mr. C. F.; compensate, HR 34 ------__----------,,__...572, 581, 606, 620, 708
Liberty County; alcoholic beverages, sale by the drink,
HB 1008 -.------------------------------.------------1616, 1620, 1691, 1803, 1847
License Plates; description and time for acquiring,
HB 140 ------------------------------.. 1304, 1309, 1360, 1801, 1842, 1891, 2011
License Tags; partial credit on second purchase, SB 122 .--.224, 258, 400, 535, 553
Licenses, Medical; examination procedure, HB 278 _.___-540, 546, 586, 678, 762
Licenses, Professional; collection by cities, counties limited, HB 87 -------------------- 390, 508, 522, 880, 911, 1366, 1475, 1561
Licenses, Retail Liquor; restrict number, SB 134 ........248, 293, 331, 372, 1104, 1406
Licenses, Tags, Motor Vehicles; fee for transfer, SB 217 ------.__668, 731, 1482,
1525, 1684
Lie Detectors; used as condition of employment prohibited, SB 195 _--515, 547
Lieutenant Governor and Governor; elect as a unit, SR 103 --..........--997, 1043
Lincoln County; commission chairman, compensation, HB 754 _-___--_.-------------------------............923, 936, 1009, 1100, 1183
INDEX
2071
Lincoln County Development Authority; appointment of
members, HB 640 .__.._____________________________------846, 858, 893, 1031, 1064 Lincoln County; sheriff, compensation, HB 753 -__-922, 936, 1008, 1100, 1183
Lincoln County; treasurer, compensation, HB 755 .------923, 936, 1009, 1100,
Lincolnton Development Authority; appointment of members,
1299, 1355
HB 640 ------------------.------_.___....____,,__--846, 858, 893, 1031, 1064
Little, Mr. Buford; compensate, HR 84 __._..__--------992, 1002, 1047, 1103, 1393 Livestock Commission Merchant; relieve liability, HB 362 ........1115, 1116, 1166,
1195, 1386
Livestock Indemnities; hog cholera appropriation transferred to, HB 844 ._._...................._....__..........................1534, 1541, 1579, 1679, 1725, 1758
Loans; Georgia Industrial Loan Act, change tax rate,
HB 607 __.._._.._...........__.........._..___....._._.__-1353, 1357, 1432, 1682, 1840
Loans, New Industry; interest limitations removed, HB 289 -----___-_------------_____----------------319, 325, 353, 1104, 1201
Loans; no interest limit, certain agreements, SB 208 -_..._.-.......543, 562, 584, 648, 662, 1345
Local Bills; effective date, HB 3 __.......__.._.._............_._.._....._46, 52, 74, 126, 149
Local Government Needs Study Committee; create, SR 168 ___.___._.___----1742
Lockheed Georgia Corporation; relating to invitation to tour, HR 125 --193, 203
Lookout Mountain Judicial Circuit; court reporter, salary,
HB 950 .----------_----------------------__-----1422, 1427, 1503, 1556, 1594
Lookout Mountain Judicial Circuit; court terms, SB 2 ..______.--_-_------_?_----------------------26, 43, 47, 55, 56, 133, 145
Lookout Mountain Judicial Circuit; superior court judge, salary, HB 582 ....._..__.___.___--------------------------665, 672, 734, 1737, 1747
Louisville, City of; conveyance of land by State, HR 74 .----320, 326, 354, 677, 764
Lowndes County Juvenile Court; judges, salaries, HB 927 .----------------------------1351, 1358, 1433, 1556, 1593
Ludowici, City of; change corporate limits, HB 363 ........282, 290, 310, 552, 587
Lula, City of; certain employees, compensation, HB 987 .---.1490, 1499, 1578, 1683, 1701
Lumpkin County; commissioner, compensation, HB 1003 ._._.............._....._..___...-------------.1618, 1619, 1691, 1737, 1751
Lumpkin County; sheriff, compensation, HB 994 ---- 1559, 1564, 1582, 1683, 1701
Lyons, City of; change corporate limits, HB 631 --.722, 729, 803, 1196, 1228, 1354
Lyons, City of; change corporate limits, HB 632 -.722, 729, 803, 1196, 1228, 1354
Me
McCall, Mr. John M.; compensate, HB 17 ------------850, 862, 896, 940, 1390 McClure, Freeman C.; sympathy at passing, SR 66 --.-------------- .----------400 McGuire, Doris E.; compensate, HR 124 __._.__.__._______1376, 1378, 1418, 1431, 1548 Mclntosh County; commissioners, compensation, HB 777 ..._.,,_993, 1000, 1046,
1368, 1446 Mclntosh County; ordinary, compensation, HB 778 ---993, 1000, 1046, 1368, 1447 Mclntosh County; tax commissioner employees, compensation,
HB 776 --_---_------------------__-.----993, 1000, 1046, 1368, 1446 McWhorter, Honorable Hamilton, Jr.; elected Secretary of Senate --------------8
2072
INDEX
M
Macon-Bibb County Hospital Authority; State convey easement to, HR 199 ----__------------_...--....723, 730, 804, 914, 1016
Macon, City of; convey air space, HB 449 ----------------340, 348, 398, 605, 638 Macon, City of; employees, retirement, HB 79 ....------------ 132, 135, 160, 228, 263 Macon, City of; extend city limits, HB 80 ----------------132, 136, 160, 228, 264
Macon, City of; extend corporate limits, HB 969 ----..1424, 1429, 1504, 1557, 1599 Macon, City of; firemen, policemen, pensions, SB 19 ------....50, 73, 143, 162, 190 Macon, City of; levy taxes, HB 435 ----------------......._.__--1723, 1743, 1905, 1962 Macon, City of; police, firemen's retirement, HB 160 ..........-384, 390, 523, 1479,
1506, 1755, 1898 Macon County, State Court of; change
name, HB 739 ............_--.._..._----_----____.--___--921, 934, 1007, 1099, 1178
Macon Judicial Circuit; assistant district attorneys, HB 790 ............................................ ....---- 994, 1001, 1046, 1100, 1184
Macon Judicial Circuit; counties supplement judges' salaries, HB 67 ........._................._..--------..-....--100, 103, 124, 143, 168
Macon Judicial Circuit; superior court judges,
salaries, SB 191 -_----_____..__.----_---- 514, 546, 604, 625, 688, 1855, 1858, 2024 Madison, Honorable Carl; commend, SR 39 __--_--------__.--___...------.------------202 Madison, City of; airport authority, create, HB 523 ----924, 930, 1004, 1099, 1170 Malt Beverages; possession in dry counties, SB 262 .--------........ 1038, 1080, 1095 Mansfield, Town of; council posts, provide, HB 741 ...-- 922, 935, 1008, 1100, 1178 Marietta, City of; bonded indebtedness, HR 143 .----..---- 341, 349, 398, 738, 819
Marietta, City of; change ad valorem tax, HB 505 .-- 1617, 1619, 1691, 1736, 1746 Marietta, City of; corporate limits, election of
mayor, HB 395 __.__._..----------------------.------_____--304, 305, 327, 738, 808 Marietta, City of; policemen, firemen,
retirement, HB 196 ..................................-...-._...._-._......__174, 181, 201, 229, 272
Mark A. Smith High School Basketball Team; commend, SR 124 --_..----1327
Marshlands; written notice before dredging, filling or
draining, SB 280 ...................... _.--
.--------------------_--1309, 1360
Marriage Licenses; additional copies of application,
SB 164 .....__._.........__..._._.........._--------------342, 392, 680, 751, 843, 1834, 2024 Marriage Licenses; consent for pregnant females, SB 7 --------.42, 53, 107, 126, 144 Master Forms; recording of security deeds and mortgages,
HB 33 ................... -------- ....--------.----..------------..-------- 209, 210, 227, 867 Mayors Day; commend municipal officials, SR 16 .._..__..._----...------._--__.. --..-85
Meat Inspection Act, Georgia; create, HB 524 ----1568, 1571, 1689, 1734, 1852, 2012 Medal of Honor in Grove of Freedom's Foundation,
SR 80 ........._----..----._........-_.----............... .574, 614, 940, 1013, 1721, 2025
Medical Association, Georgia; provide medical service, HR 67 -......----.121, 130 Medical Examiners; fees, HB 2 ____....._...------....--------------------49, 52, 74, 312, 334
Medical Examiners, State Board; change name, include osteopaths, HB 655------------------_.. __..----------------1035, 1040, 1097, 1681
Medical Examiners, State Board; examination procedure, HB 278 ............-------------------------------------------540, 546, 586, 678, 762
Meigs, Town of; extend corporate limits, HB 506----.......571, 576, 616, 738, 810
Melton, James; commemorate, SR 100 ----.----------.--------989, 1032, 2020, 2025
Mental Health Facilities; provide for inspection, HB 262--540, 545, 585, 621, 1894
Mental Patients; hospitalization procedures, SB 1----26, 43, 587, 766, 823, 880
Mental Patients; hospitalization procedures, HB 1 _------------853, 855, 890, 1104, 1205, 1239, 1285, 1295, 1334, 1712, 1720
INDEX
2073
Mental Patients, Hospitalized; procedure for transfer, HB 263 ------_----_______....---------------------.640, 545, 586, 621, 761
Mentally Retarded; licensing of day care centers, HB 264 -----.----_------_-_---_-------------540, 546, 586, 621, 1900, 2012
Merit System, State; coverage for certain Game and Fish employees, HB 648 ...-..-------------.-.-------------------1304, 1310, 1361, 1482, 1604
Meriwether County; certain officials, compensation, HB 439 ----.--.339, 348, 398, 605, 636, 852
Meriwether County; disposal of land, SR 123 __--------------__........................1309, 1360, 1383, 1464, 1566, 2018, 2025
Metropolitan Atlanta Airport Study Committee;
create, SR 128 ----__.------ .--------_,,__..------.----.. 1356, 1506, 1524 Metropolitan Atlanta Rapid Transit; relating to contracts,
SB 162 _....__..____--..___._------------------------ 323, 351, 604, 624, 660, 1688, 2024 Metter, City of; change corporate limits, HB 371..----..-. 283, 291, 311, 329, 369 Mileage Allowance for State Employees; increase, HB 28 ....--.101, 102, 124, 1802
Military Forces Reorganization Act; active duty of
State militia, SB 107 ------_----------_--__.___.----.------194, 211, 354, 537, 563
Militia, State; relative to active duty,
HB 332
____--------_---------- ...540, 546, 586, 879, 1114, 1213
Milk Producers Association, Georgia; commend, SR 175 ..__.____--.._.,,__-2010
Milledgeville; State transfer property to Board of Regents,
HR 24 -..-.--_----_--_------_-_-._-----_---..__-_- 78, 83, 106, 107, 129
Milner, Town of; new charter, HB 259 ..__...___---- 281, 288, 309, 1736, 1744, 2012
Minimum Foundation Program, Education; cost of educational
television, HB 203 ---.__._.
319, 324, 352, 562, 590
Minimum Foundation Program; determination of funds for pupil
transportation, SB 207 _----.....___.....--------.----_.--...___------_..----_.----_.543, 584
Minimum Foundation Program of Education; local funds for maintenance, operation, SB 223 ........_.______.___._..__.--..----.__..--......._ 725, 800, 842
Minimum Foundation Program of Education; percentage of participation, local, State, SB 224___............_----.----...----------.._ 725, 800, 842
Minimum Foundation Program of Education; school lunch funds, HB 785 ___--_..-.------.___--_..___------------1115, 1116, 1166, 1366, 1474
Minimum Foundation Program of Education; teacher allotment, SB 13 __._----.--------._._.._..--------------_.._.__43, 54, 75, 96, 97
Minimum Foundation Program; vocational school funds, HB 272 --_..-.--__--__--___.----.--..._---- 341, 346, 396, 679, 823, 1214
Minimum Wage; State employees covered, SR 49...------------__------.224, 258 Minors; gift of life insurance allowed, HB 19----------.152, 156, 183, 186, 204, 223 Minors, Married Disabled Veterans; contracts
binding, SB 109 .__.----.--_-.-..._._.................--------....194, 211, 1389, 1402, 1484
Minors, Married; service of summons on, SB 8----42, 47, 53, 87, 114, 175, 191, 2025 Minors; prohibit sale, delivery of obscene
material, HB 61 ....--------------------_ 991, 998, 1044, 1104, 1276, 1339, 1425 Minors; prohibit sale of obscene material, SB 158 _____----___..._......_____----_ 322, 350 Minors; venereal disease treatment, parents consent not
required, SB 179 ---------------------.387, 520, 551, 644, 688, 1618, 1812, 2024
Minors; work under 16 with doctor's certificate,
HB 51
...
386, 389, 522, 678, 757, 837, 842, 878, 900, 927
Miss Georgia; designated Official Hostess, HR 361 _____--------.----------.-1674, 1685
Mitchell County; commissioners, compensation,
HB 811 ----------_----------------------------1084, 1091, 1162, 1480, 1514, 1675
Mitchell County; treasurer, abolish, HB 893 --.--__.-.----------------1558, 1564, 1582
Mitchell County; treasurer, abolish office, HB 975 ._..1487, 1498, 1576, 1737, 1794
2074
INDEX
Mobile Homes, Ad Valorem Tax; Revenue Commissioner aid
cities, counties, HE 285 .._....._...._._.__._..1308, 1313, 1364, 1389, 1543, 1675
Mobile Homes; permit for use as residence,
HB 573
..._----------------------1558, 1562, 1580, 1805, 1996, 2013
Mobile Homes; transporters, registration, HB 805 --.__ 1218, 1238, 1317, 1365, 1603
Monroe-Athens Highway; naming Moina-Michael, HR 37 -193, 197, 213, 229, 276
Monroe County; commissioners, compensation,
HB 856 ----.--.--._._--------____--------------___-1209, 1216, 1315, 1556, 1587
Montezuma, City of; change date of elections, HB 312--........244, 255, 299, 328, 364
Moore, Albert P.; regrets at passing, SR 4 ________.._._____.____......._-19
Moran, Charles A., Sr.; commend, SR 116 __.____,,_____--__._..._....__......--.______1234
Morgenthaler, Mr. James W.; compensate, HR 22------..--.850, 863, 896, 940, 1391
Morris, Miss Linda Deanne; compensate, HR 18 ..................571, 580, 606, 620, 706
Mortgage Loans; increase interest rates
SB 121 --____.--_____-------------- 224, 258, 260, 313, 314, 538, 556, 559, 565, 607
Mortgages; recording of master forms, HB 33 ----.._...._._209, 210, 227, 867
Moshier, Mr. Terry; remarks ----...------_....._----__..__._.._.__...__._,,.............. 313
Moss, Mr. E. M.; compensate, HR 57 _.----___.._--------------850, 863, 897, 941, 1392
Motorboat Numbering Act; amend relating to license fees,
SB 256 ._--_.----..........------------___--------.._________------.996, 1043, 1195, 1284
Motor Carriers; multiple registration and reciprocity,
HB 674 ______--------------------------___..--.----..._..884, 887, 939, 1081, 1188
Motor Vehicles, Common Carriers; license fee reduction,
SB 234.----.--------_._____...._.............797, 864, 1081, 1186, 1302, 1711, 2025
Motor Vehicles; counties purchase through State,
SB 104 ------------------------178, 199, 230, 274, 302, 1709, 1814, 1829, 1832,
1904, 1972, 2021, 2023
Motorcycles; operation regulations, HB 409 ------------.385, 391, 524, 679, 762, 1834
Motor Fuel Excise Tax; increase, HB 81 .___._. 647, 661, 676, 940, 1106, 1200, 1214
1236, 1292, 1294, 1341, 1373, 1490
Motor Fuel Tax Law; agricultural refund application,
HB 398 __.__._.______._.____------------.--------........--1560, 1562, 1580, 1682, 1910
Motor Vehicle Certificate of Title Act; lien records,
HB 288 ....._...._......--............_.____--------------..--. 385, 391, 523, 562, 838, 915, 916
Motor Vehicle Drivers; prohibit from intentional dangerous
driving, HB 50 _.....------------_________._.___----..._.----------------851, 855, 890, 1185
Motor Vehicle Licenses; partial credit on second
purchase, SB 122 ----------------___----____.--------_.___224, 258, 400, 535, 553
Motor Vehicle Licenses, Tags; fee from transfer,
SB 217 ----.-_-__.._..........--.......____----__.----.----668, 731, 1482, 1525, 1684
Motor Vehicle Operators; liability to guest passengers,
HB 69 ._______._------------__----_____----.----------------------133, 135, 159, 207, 219
Motor Vehicle Operators; procedure for arrest,
HB 572 ----.....__________________________________--724, 730, 805, 879, 912, 995, 1192
Motor Vehicles, Alcohol Tax Unit; number of vehicles,
SB 193 ------........._.----------------.515, 547, 677, 836, 880, 1753, 1811, 1977
Motor Vehicles; annual permits for overheight, HB 121 ........319, 324, 352, 1048,
1101, 1212
Motor Vehicles; inspection program, HB 218 ------......385, 390, 523, 879, 913,
1017, 183a
Motor Vehicles; licensing and registration, certain cases,
HB 140 ----__.__--------------------1304, 1309, 1360, 1801, 1842, 1891, 2011
Motor Vehicles; percentage of alcohol found in driver's blood,
SB 92 --.__.___--.........------------__---------------..._..--------.176, 197, 261, 315, 336
Motor Vehicles; racing facilities, safety requirements,
HB 784 ......______.._.------...............----------..........1036, 1041, 1097, 1682, 1806, 2016
INDEX
2075
Motor Vehicles; special license tags, citizens' band radio, HB 418 .._-______--------------------------385, 392, 524, 679, 763
Mountain View, City of; mayor and councilmen, powers, HB 870 _.--_---.----.--------------------1209, 1216, 1315, 1480, 1517
Mount Vernon, City of; mayor and councilmen, terms, HB 370 .----.283, 290, 311, 329, 369
Municipal Bonds; urge Congress to retain tax exemption, SR 95 --_--.........._.----_........--------.886, 938, 1483, 1523, 1685, 1834, 2025
Municipal Election Code; revise, HB 917 ---1425, 1427, 1502, 1678, 1840, 2015 Murray County High School Basketball Team; congratulate, SR 166 ----.1888 Murrayville, City of; reincorporate, HB 584 ...._----_______....666, 673, 734, 898, 960 Muscogee County Charter Commission; create, HB 541 -.--569, 579, 618, 738, 813 Muscogee County Pension Fund; include additional employees,
HB 43 -_------------------------------------------ 79, 83, 106, 143, 166 Muscogee County; police authority, HB 633 .--------._.--.722, 729, 803, 899, 965
N
Natural Areas Council, Georgia; change name, HB 551 ----_.------------------.----------------__------1273, 1318, 1680, 2004, 2013
Natural Areas, Preservation of; Game and Fish supervise council, SB 273 -------------------------------------------1158, 1219
Newborn, Town of; mayor and councilmen, election, HB 742 ------------------------------------_----------922, 935, 1008, 1100, 1179
Newington, Town of; new charter, HB 65 -.--------------100, 103, 124, 143, 168 Newnan, City of; increase corporate limits, HB 984 ..------.__ 1488, 1499, 1577,
1683, 1700 Non-residents Transacting Business in State; define term, SB 254 ----996, 1042 Norcross, City of; ordinance violation fine, limit amount,
HB 973 --------------------__------.....----------..-1490, 1497, 1576, 1683, 1698 North Fulton Special Choir; designate official State choir, SR 121 ----.1323, 1419 North Georgia Mountains Authority; create, SB 260 -----------------1038, 1095 North Georgia Mountains Authority; define "project",
HB 1010 ------------------------------------------.1722, 1724, 1744, 1805, 1969 Notify Governor that General Assembly has convened, HR 2 ____----------_.......--11 Notify House that Senate has convened, SR 1 ,,.--____.______.._........_.....--..9, 20 Notify Senate that House has convened, HR 1 --------------------------------_-10 Nurses Association, Georgia; provide medical service, HR 67 ------.------121, 130 Nurses Association, State; commend, SR 26 ----_------_--........._------------153 Nurses, Practical; citizenship not required for license, SB 178 ----386, 520, 551,
644, 688 Nursing Homes, Georgia State Board of; membership,
HB 534 ------------__._-__-.------....925, 931, 1004, 1321, 1421, 1535, 1825 Nurses Of The Day:
Abernathy, Mrs. Shelby .......------...._......___...._...........-........--_..........------.1486 Akin, Miss Katherine ----.--------------------------------------------------882 Ballenger, Miss Shirley ---------------------------------------------- --------192 Boss, Miss Shirley ------------------------------_...._.._._..........___.._........._.539 Campbell, Miss Diane ._--.__,,..--.----.........__,,._--.----...--._,,.._.----....,,_--.1153 Chadwick, Miss Nancy ._.__...__________________________990 Carllon, Miss Maureen --............_._....__.__________------------------__________663 Edwards, Virginia -- -- -------------------------------------------- --------------172 Finnegan, Mrs. Carolyn _____----_------__________----_--------_.,,_______,,_______------221 Foster, Dorothy --___________.__.____,,--______________________________._.______--.------131 Hagen, Mrs. Jean --------------------------------_________________________1034
2076
INDEX
Hale, Miss Marion .__,,,,____.._,,__,,___,,__,,______._..____.__________317, 337 Hanson, Mrs. Durice __.________.__________________________303, 384 Hilton, Miss Geneva -____________,,___.________________,,_________ 720 Huddledton, Mrs. Betty .____.__________________________________________.....1567 Kish, Mrs. Sheryl _____,,___,,,,________,,_______ _________._____.______1303, 1892 Lacy, Shelby _________________________________________.._________.172 Lane, Mrs. Alberta ___________-_--_----_________________________ 208 Law, Miss Jane ....--._.____._.____......____........_____.____._...1206
Loucks, Mrs. Sharon ________..__.__._____,,___________._794 Marden, Mrs. Patricia ....__...______._.--_._-__.____.....--_--______.___._____208 Martin, Mrs. Alice ___----____-_.____._.______________________611, 566
Midkiff, Lucia __________________...__._.__.__.___.__.____________.____69, 77, 162 Morlen, Mrs. Pat _______________________________________________________________ 221 Norwood, Mrs. Bobbie ___________________________________________________1083 Rapp, Miss Pamela _--_---_----___--_--_--___________________________1741 Roberts, Loretta _--_____________________________________,,____21 Rosecrans, Marilyn _______________________________________________99 Saxon Mrs. Kay . ... ,,.,,.....___... _.._____..._._... ___._.___.____._._.._..___1350, 1686 Schneider, Mrs. Molly ______________._______________.______________________.920 Sexton, Mrs. Betty _____________-_.-______-________._______.___.._._______115 Shepherd, Daisy _________________________________________________.____.48 Swartz, Mrs. Helen .______________________________________239 Waters, Beverly ________________________-_.-_-___.___.________.___.._._.___________1421 Woods, Mrs. Jo __________________________________________.___________610 Wooten, Miss Nancy ___--____----______________________________________41 Yolles, Miss Brenda _______________________--____________.._______________________845
o
Obscene Material; prohibit sale to minors, HB 61 _ - 991, 998, 1044, 1104, 1276, 1339, 1425
Obscene Material; prohibit sale to minors, SB 158 __________.-__________322, 350 Occupational Licenses; collection by cities, counties limited,
HB 87 __.._.._,,____________________ 390, 508, 522, 880, 911, 1366, 1475, 1561 Ocean Science Center of the Atlantic; marine resources extension
centers, HB 570 _________________________1353, 1356, 1432, 1678, 1824 Ocmulgee Judicial Circuit; district attorney, expense allowance,
HB 137_____.______------_-_-----_.---__.1208, 1215, 1314, 1736, 1746 Oconee County; commission chairman, salary, HB 339 ____245, 257, 301, 605, 632 Oeonee Judicial Circuit; court reporter, compensation,
HB 874 _______,,___...._____.__________. ____._-__._..__.1209, 1217, 1316, 1480, 1517 Office, Elective Public; prohibit from holding two for
compensation, HB 75 ________________________.____.___._____134, 135, 160 Oglethorpe City Court; change to State Court of Macon
County, HB 739 ______________.________.___..______.921, 934, 1007, 1099, 1178
Oglethorpe City Court; judge, compensation, HB 316 ___244, 256, 300, 328, 365
Oglethorpe City Court; solicitor, compensation, HB 315 __ _ 244, 256, 300, 328, 365
Oglethorpe County Football Team; commend, SR 34 ____________________________._..202
Oglethorpe County; superior court, change terms, HB 518 ___._______________________________924, 930, 1004, 1099, 1168
Old Timers' Day; Governor designate, SR 62 __________________ .323, 351, 399, 535, 563
Ombudsman; establish office in Atlanta, HB 49 ._______________..384, 389, 522
Ordinaries; filling vacancies, HB 561 __._...___.__.________796, 799, 865, 1678, 1820
INDEX
2077
Osteopaths; include on State Board of Medical Examiners, HB 655 .__,,--.-- -_._.___.._________ 1035, 1040, 1097, 1681
Outstanding Young Men in Georgia; commend, SR 78 ..........-________._____.__________659 Oxford, Town of; mayor and councilmen, compensation, HB 740 ___.___......922, 935,
1008, 1100, 1178
P
Padgett, Senator M. J.; appointment as Assistant Administration Floor Leader ____,,.-_---.--...---_--__,,__--_-____,,,,-__-_--__,,____________________.._..................112
Palmetto, City of; mayor appoint recorder, HB 351 _____ 338, 346, 396, 898, 951 Pardons and Paroles Board; chairman control administration,
SB 167 _______._______._---___.__....__________.._____________..___...,,__ 342, 393 Pardons and Paroles Board; decisions in writing, SB 168 __.._________..___....... 342, 393 Pardons and Paroles Board; hearings in certain cases, SB 169 _.-._..____ 343, 393 Pardons and Paroles Board Rules; under Administrative Procedure
Act, SB 128 -....-..------____.._...--_.247, 292, 355, 506, 538, 1836, 2000, 2023 Pardons and Paroles Board; suspension of members, SB 170 _._..._.,,___. 343, 393 Parking Space; provide lor General Assembly, SR 104 ........997, 1043, 1417, 1456,
1566, 2020, 2025 Parks, State; acquisition of sites, HR 194 ___......_..._.._._._.1493, 1500, 1578, 1805,
1901, 1978 Parson, Mr. Travis; compensate, HR 112 ......__.____..._.__673, 582, 607, 621, 714 Patient Pay Study Committee; create, SR 151 ____,,.__.___..__.___............_1671 Paulding County Water Authority; revenue bonds, limit,
HB 390 _____.___.__--.------.-____..__ 284, 291, 312, 329, 370 Peace Officers' Annuity Fund; death benefits, HB 112 ........175, 179, 200, 622,
759, 883 Peace Officers; arrest powers, HB 331 .............__..._...-__.851, 856, 891, 1204, 1275 Peace Officers; compensation in criminal cases, SB 137 ...._._..___.--_.285, 306 Peace Officers Day, Georgia; January 21, 1969, SR 18 __.__......_...___..____........_..108 Peach County Industrial Development Authority; create,
HB 646 ...________.____._.__..____.___________...__..847, 859, 893, 1099, 1173 Pearson Industrial Authority, City of; create, HB 822........_._.._..1085, 1092, 1163,
1368, 1449, 1561 Peeples, Honorable David W.; elected Messenger of Senate ----..--__.,,_--.,,________.9 Perry, Mr. Richard Floyd; compensate, HR 61 ........1376, 1378, 1418, 1431, 1546 Petroleum Bulk Storage; measuring meters, calibration,
SB 166 ._..__.....--.--..-.------.-.--.._.___.._ .342, 393, 678, 747, 843 Pharmacists; grounds for revocation of licenses, SB 91 ........155, 183, 312, 334, 380,
1688, 2023 Physically Handicapped; public buildings accessible, SB 119 _....,,...........223, 258 Physically Handicapped; public buildings accessible, SB 147 _._----......287, 308 Physically Handicapped; public buildings accessible to,
HB 260 _...._._...._._.._.-341, 346, 395, 552, 588, 647, 658, 724, 764, 1211, 1269 Physicians; see Doctor of the Day Pickens County; deputy sheriff, salary, HB 425 __....__--.339, 348, 397, 898, 952 Pickens County; school superintendent, appointed by education
board, HB 979 ......_.__.............._..._..___........_._1487, 1498, 1577, 1683, 1699
Pickens County Water and Sewer Authority; create, HB 978 __._.1487, 1498, 1576, 1683, 1699
Pickens County; water, garbage, fire districts, HB 424 ........339, 348, 397, 605, 636
Piedmont Judicial Circuit; court reporter, compensation, HB 520 ...........___._.__.-._..__.._...._...._._._....__..__.....568, 577, 617, 738, 812
2078
INDEX
Piedmont Judicial Circuit; superior court terms, HB 462 -._...----------_--...-...-.-----_-_-.---------__-_-----.-340, 349, 398, 605, 638
Piedmont Judicial Circuit; superior court terms, HB 981 ........----------------.....-___..__.___--------------1487, 1499, 1577, 1683, 1700.
Pierce County; deputy sheriffs, compensation, HB 859 ------...---- ----__.--_____------------____ 1209, 1216, 1315, 1804, 187T
Pless, Major Stephen W.; commend, SR 20 .--..._._________------,,__-__----______............113 Plumbing Contractors, Board of Examiners; employees,
duties, HB 653 ------------.......------1467, 1495, 1574, 1803, 1995, 2006, 2022 Point Schedule; driver's license suspension, change provision,
HB 603 ____.._...--___.___________..------__.----.___---.1536, 1563, 1581, 1682, 2005, 2013 Police Officers; arrest powers, HB 331 --------.......------... 851, 856, 891, 1204, 1275, Policy and Evaluation Committee for Electronic Data
Processing; create, HB 999 --------............ 1568, 1572, 1690, 1736, 1854, 2015Polk County; commissioners, meetings, HB 826 ----1085, 1092, 1164, 1369, 1451 Polk County; sheriff, additional motor vehicle,
HB 827 --__-------_-_____.----_----.--------__1086, 1092, 1164, 1369, 1451
Pope, Judge Tom; regrets at passing, HR 108 ------------------------------..175, 202; Pornographic Material; prohibit sale to minors, SB 158 ____------------ 322, 350 Pornographic Material; prohibit sale to minors, HB 61 ....._..991, 998, 1044, 1104,
1276, 1339, 1425. Porterdale, City of; mayor and councilmen, compensation,
HB 997 --.--....------..--.._._-----------------1559, 1565, 1582, 1683, 1702, Porterdale, City of; mayor and councilmen, election,
HB 743 ----------.----------.....----.--_------_--------.... 922, 935, 1008, 1100, 1179 Port Wentworth, City of; governing authority use certain
property, HB 430 __------...._............._.--.............__.---- 339, 348, 397, 605, 636 Post Mortem Examination Act; change medical examiners'
fees, HB 2 .............--._____.__..----------------_..._----._._..49, 52, 74, 312, 334 Post Mortem Examination Act; coroner jurors, compensation,
HB 605 ..----._...---- _-------------- -_-..._......915, 916, 940, 1010, 1191 Poultry Federation, Georgia; commend, SR 176 __----------__._------.---- 2010 Poultry Hatchery Operators; registration, SB 261 --------------------1038, 1095 Poultry Industry; hatchery operators, registration,
HB 697 ------.----------------...__....._--......-.1115, 1116, 1166, 1195, 1853,
Powder Springs, City of; annexation of territory, HB 955 ........_..___--............_--------.__.............--1422, 1428, 1503, 1556, 1595
Powder Springs, City of; mayor and council, election, HB 503 .........----------....________----_...-._.._._._.----__.______--567, 576, 616, 738, 810
Powers, Mr. Freddy; commend, SR 81 .----_--------........-...-....--._--.....----_......_643. Practical Nurses; citizenship not required for license,
SB 178 --.--.--_----------------------------386, 520, 551, 644, 688 Prayer in Schools; authorize, SB 21 ....51, 73, 125, 145, 170, 1708, 1816, 2020, 2022 Preachers; see Chaplains Pressure Vessels; safe construction and installation,
HB 514 _...___------------------------______..1467, 1495, 1574, 1802, 1844 Primaries; procedure for conducting, HB 563 ----.1035, 1039, 1096, 1383, 1538,
1674 Primaries; procedure for conducting, HB 564..----_----1035, 1040, 1097, 1195, 1387,
1562, 1634, 1708, 1733, 1836, 1905 Primaries; procedures for returns, HB 562 --------925, 931, 1005, 1384, 1538 Printing Agency Study Committee; create, SR 15 ----.81, 105, 230, 231, 1753, 2025 Prisoners; allowed to work outside prison, HB 815 --------1493, 1496, 1574, 2002: Prisoners as Witnesses; court order, SB 175 ----344, 394, 525, 556, 607, 1208, 2024
Prisoners; change limits of confinement, SB 148 _____._..287, 308, 525, 555, 607,. 1207, 2024 :
INDEX
2079
Prisoners; court orders for trials, SB 174 ____._......_. 344, 394, 525, 556, 1207, 2024 Prisoners, Released; furnished money, SB 145 ... -287, 308, 525, 553, 607, 1207,
1323, 2024 Prisoners; segregated, certain categories, SB 172 --_.________......._____.__________.343, 394
Prisoners; social visits, SB 173 .............._.-__.__._________._._.__._.344, 394, 525, 555, 607
Prison Labor; contracts with Highway Department, SB 189 .____..___._._..._....-__.._.._.............................._____...389, 521, 866, 1329, 1419
Prisons; unlawful to carry certain drugs into, HB 797 ___.__. 1268, 1270, 1317, 1417 Probation Act; change designation of certain officers,
SB 83 ________...__._.__._____._......._......-.__.._..___.________._._____..._____._.154, 182, 207, 216, 238 Probation Rules; under Administrative Procedure Act,
SB 127 _______.___.__.._____________________.._...._....___......-._..247, 292, 355, 505, 538, 1207, 2024 Professional Licenses; collection by cities, counties limited,
HB 87 _..._._______..______.________________._.__._...-..____390, 508, 522, 880, 911, 1366, 1475, 1561
Properties Control Commission, State; Senator Kidd elected as member .----....-11 Property Insurance; available to all applicants,
SB 222 .................._..._.........___-.-..__.________________..__.-..._....669, 731, 1104, 1404, 1484 Property, Personal in Transit; exempt from ad valorem tax,
certain cases, SR 17 -_._._......________.-.-.....-..-..._......_.-..........______.....___......_...._102, 123
Property, Surplus; transfer to agency for surplus property, SB 265 .--1039, 1096 Property; taken without condemnation, owner's rights, SB 186 ___..-.._-388, 521 Property, Tangible Personal; sales tax, ratify executive order,
HR 306 ___._____.__________,,_________._________.___..______ 1492, 1501, 1579, 1679, 1814
Property Tax; foreign merchandise in transit, no tax, SB 226 ._......__............_..._.._...........-._725, 800, 1081, 1186, 1205, 1674, 1851, 2023
Property Transfer; between State and certain persons (Fulton County), HR 227 ..........__.._..__..__._..__.__.__.926, 937, 1009, 1194, 1276
Property Transfer; change of land between Clayton and Atlanta, HR 352 ____________._________.__..-....__..__._...1708, 1712, 1742, 1805, 1978, 2017
Property Transfer; conveyance of land to convalescent home in
Dougherty County, HR 310 .._.....______.........._.____--.....1466, 1468, 1505, 1736, 1829
Property Transfer; declare surplus and dispose of land (Meriwether
County), SR 123
..._...1309, 1360, 1383, 1464, 1566, 2018, 2025
Property Transfer; DeKalb County, easements, SR 108 _._._..._...1039, 1096, 1167,
1266, 1903, 2025 Property Transfer; easement, State to Macon-Bibb County
Hospital Authority, HR 199 ____.-_._...-.......-.................____723, 730, 804, 914, 1016 Property Transfer; easement, State to Plantation Pipe Line
Company (Fort Yargo State Park), HR 128 ...___.._..____723, 729, 804, 879, 912 Property Transfer; Forestry Commission convey land to Public
Safety Department (Baldwin County), HR 307 -...___..._._.1568, 1572, 1690,
1736, 1820 Property Transfer; Henry Grady Hotel lease, State accept bid of
Jamestown Shopping Center, Inc., HR 226..-...1491, 1500, 1578, 1583, 1837,
1848, 2017 Property Transfer; located in Baldwin County, HR 201 ....611, 614, 676, 841, 876
Property Transfer; State convey land to Greene County, HR 271 _._____-____.____-....______..-.-......................_...._.__._1353, 1359, 1434, 1481, 1536
Property Transfer; State convey property to Dawson Implement Company, HR 298 __._...._._._.__-____._.__......_..__..1558, 1565, 1583, 1604, 1736, 1827
Property Transfer; State lease certain property to Edwin Mathis (Floyd County), HR 255 _.___.__._..___._..._.._._..._._._...1343, 1344, 1365, 1481, 1540
Property Transfer; State lease to Baldwin County Education Board, HR 200 ___.-_..-..-__-_-.._.____-..-........__.-____..-_......_....._610, 613, 676, 841, 876
Property Transfer; State lease to Calhoun Elks Club (Gordon County), HR 188____..___._.___.__._.....___......._.._.1218, 1238, 1317, 1481, 1545
2080
INDEX
Property Transfer; State lease to J. P. Stevens & Company, HR 234 _.___..._._......._...__..._....___._..._..._________.________...____..._.__.1558, 1565, 1583, 1805, 1898
Property Transfer; State sell certain property to Percy Helmer (Fulton County), HR 270 ____. .........___.._.......______..1425, 1430, 1504, 1805, 1899
Property Transfer; State to Bibb County Education Board and Orphanage, HR 178.___..__.............___.___.____....__._..__.___-723, 729, 804, 1274, 1370
Property Transfer; State to Board of Regents (Milledgeville), HR 24 ......._______.__.._.___________.........._.___._________....._.____.....____._.78, 83, 106, 107, 129
Property Transfer; State to Chatham County, HR 45 ....___.174, 181, 201, 329, 502
Property Transfer; State to City of Louisville, HR 74 ...___ 320, 326, 354, 677, 764 Property Transfer; State transfer certain property to Wilfred
J. Mohr (Gordon County), HR 266 .___................ 1089, 1095, 1166, 1365, 1537 Providence Canyon Study Committee; create,
SR 37 ___.___.____..__..______..__.__..._...._....................196, 213, 331, 377, 509, 1753, 2025
Prybylowski, Mr. Robert F.; commend, SR 126 _............._..._____._..___._.-_.........1369 Psychology, Applied; practice of, change definition, SB 268 _...........1090, 1161,
1366, 1409, 1484 Public Improvement; bond required to enjoin, HB 866 ...._.._1492, 1496, 1575,
1692, 2001 Public Office; prohibit from holding two for compensation,
HB 75 ....__..._........_._............_......__._._._..__.....__--.___._-__-_.184, 135, 160
Public Safety Department; deputy director, salary, HB 185 ..............________-....______._____----_--__---.__---1558, 1562, 1580, 1682, 1817
Public Safety Department Director; change for status reports, HB 877 ___________.-_________..-.-.._..____._...-...-......1710, 1712, 1742, 2002, 2005
Public Safety Department, GBI; compensation, certain employees, HB 248 _._______.....__....._....._.._..__.....................__................1377, 1431, 1484, 1818
Public Safety Department; require two members in each patrol ear after dark, SB 89 ,,__.___,,___--_____.....__-155, 183
Public Schools; authorize silent prayer, SB 21 .___......_......_.._.51, 73, 125, 145, 170,
1708, 1816, 2020, 2022;
Public Schools; tenure law, SB 23 ...__.____.._._______...._______...._______70, 84, 679, 739, 794
Public Service Commission; encourage tourism by allowing tours, SR 77 ......_....,,......_.._.._.................................._........_._.____._._______545,
Public Service Commission; enjoin violation of regulations, HB 610 _....._.............................-_.-................._......................1492, 1495, 1574, 1802
Public Service Commission; motor carriers, multiple registration and reciprocity, HB 674.................._......................_.................884, 887, 939, 1081, 1188
Public Service Commission; powers and duties,
HB 366
.._-___,,,,_._____.1115, 1116, 1166, 1481, 1816
Public Utilities and Transportation Committee; function after adjournment, SR 131 ,,______.____..........._......__....._........._.._.__._.....__....1426
Public Utilities; Highway Department regulate installations on highway projects, SB 85 _______.....___.-.._.._.._.._..164, 182, 677, 744, 842, 1721, 1799, 2023
Public Utilities; permits to use roads on State Highway systems, SB 87 ........__......_..__.______._._.__,,__.___________..._........_....._155, 182
Pulaski County; clerk of ordinary, compensation, HB 672 _.._...__._848, 861, 895,
1368, 1443
Putnam County; commissioners and clerk, compensation, HB 598 ...__..________.__,,___..-.666, 674, 735, 899, 962
Putnam County, coroner, salary, HB 919 ....._.......__._......1422, 1427, 1502, 1556, 1592
Putnam County; ordinary, compensation, HB 601 ______.667, 674, 735, 899, 963
Putnam County; sheriff, compensation, HB 599 .._....._......666, 674, 735, 899, 962
INDEX
2081
Putnara County; superior court clerk, compensation, HB 597 --_666, 673, 735i
899, 962 Putnam County; tax commissioner, compensation, HB 600 __.___..--_667, 674, 735,
899, 963
R
Rabies, Control of; county health boards adopt rules,
HB 226
__,,_____--_.- 925, 930, 1004, 1803, 1896, 2012
Eabun County Board of Commissioners; create, SB 112 ...____._195, 212, 228, 262>
302, 371, 380
Rabun County Board of Commissioners; create,
;;
SB 232 .._.........._...__._..._..........__._.________..___.__..._.._.726, 801, 898, 947, 1032, 1755, 2023
Rabun County; establish law library, SB 129 _.__,,-_..,,_-____247f 293, 1389, 1406,
1484, 1619, 2023
Rabun County; sheriff, compensation, SB 270-___~1157, 1219, 1368, 1436, 1566,
2018, 2025
Race Tracks; licensing and regulating, SB 243 ,,_........... 854, 889, 900, 982, 989
Railroad Corporation; provide number of directors,
!
SB 73 -.._.............-.........._.._________...__r____..._.......134J 159, 207, 215, 238, 1212, 2026
Railroad Crossings; designate unsafe, certain cases, SB 278_---~--1_ 1308, 1359
Randolph County; ordinary, compensation, HB 310 ____--_244, 255, 299, 328, 363
Randolph County; sheriff, deputy, salaries, HB 311 .___..244, 255, 299, 328, 364
Randolph County; superior court, assistants'
'
salaries, HB 309 _.._.___......_.._______..._.__.._....__..__.._........___.............244, 255, 299, 328, 363 Ransom Floral Company; compensate, HR 85 ..._...___.___...__572, 581, 606, 620, 711
Rapid Transit, Atlanta; relating to contracts, SB 162 ...................._........._.....__.____._.____.___....__.323, 351, 604, 624, 660, 1688, 2024
Real Estate Board; urge to recommend mortgages for retirement funds, SR 84 ..__....._........___ 669, 732, 1104, 1187, 1302, 1975, 2008, 2025
Real Estate Brokers; licenses, expiration of, SB 49 ______._____.l_-..-...___._._..116, 138 Real Estate Deeds; provisions for recording of, SB 235 ._._.._..___..J..--__853, 888
Real Estate Loans; increase interest rates, SB 121 ___....... 224, 258, 260, 313, 314, 538, 556, 559, 565, 607
Real Estate Transfer Tax; leases excluded, HB 90 ___._._...__.,,.174, 179, 200, 206., 219, 386, 1522
Records; methods of preserving, SB 277 ____1214, 1314, 1322, 1409, 1484, 1834, 2025
Reserve Funds, Working; budget report, SB 22 _____________.____-51, 73, 107, 127, 144
Resolutions; effective date, HB 3 ._..._____.___.___._..,,,,.._.___.___.____46, 52, 74, 126, 149
"Respect for Law Week"; March 22 through 29, SR 115 -_-___-__..,,-.._..._...._. 1234
Retirement Benefits; superior court clerks, HB 5 .__.,,.--.--_--.49, 52, 74, 915, 985
Retirement Committee; function after adjournment, SR 174 ______.__1898
Retirement Fund, Sheriffs; new sheriffs, eligibility, SB 54 .........._...._.__._..-____.._._......117, 138, 622, 681, 766, 2019, 2026
Retirement Fund, Trial Judges, Solicitors; court reporters eligible, SB 56 __.__._._______,,________________.._._____________118, 139
Retirement Funds; urge real estate board to recommend mortgages, SR 84 ___.__________________669, 732, 1104, 1187, 1302, 1975, 2008, 2025
Retirement Fund, Trial Judges, Solicitors; exempt certain solicitors, SB 62 ___..,,._____._............._.,,..._. 119, 140, 914, 1336, 1419, 1902, 2026
Retirement Legislation; requisites for passage, HB 652 __________._________________________-___.____._____..______.884, 887, 939, 1222, 1339, 1425
2082
INDEX
Retirement Legislation; reviewed for actuarial soundness, SB 289 ----1741, 1893 Retirement System; create for certain public
school employees, HB 141 __------..._..._..-_.__.. 996, 1002, 1047, 1802, 1855, 2011 Retirement Systems; amend Constitution relating to,
SR 75 -------..-----_.....--------------------------.544, 585, 622, 703, 766 Retirement System, Employees'; additional tax collectors,
HB 184 __----__--__.--__----________------,,...._----.-----1377, 1431, 1802, 1894, 1900 Retirement System, Employees'; district attorneys,
superior court judges, members, HB 186 -------- 341, 345, 395, 1367, 1979 Retirement System, Employees'; federal employment, SB 6 --------------27, 44 Retirement System, Employees'; interest included in
computation, HB 199 ..--_--...------.---------1493, 1495, 1573, 1802, 1895 Retirement System, Employees'; investment of assets, SB 5 ----_----_--27, 44 Retirement System, Employees'; members retain rights with
certain federal offices, HB 12 _------------------.----.70, 72, 85, 214, 233, 381 Retirement System, Employees'; prior service, SB 40 ----__----__----,,----101, 123 Retirement System, Employees'; prior service credit, SB 58 --_--___.118, 139 Retirement System, Employees'; prior service credit
armed forces, SB 60 ----_.--------_.._--_--------118, 139, 1222, 1327, 1343 Retirement System, Employees'; superior court judges,
membership continued, SB 69 ..__.___......_.----------.120, 141, 622, 688, 766 Retirement System, Legislative; redefine "staff members",
SB 47 -...--------------__..__----....____._.__.____----------116, 137, 214 Retirement System, Legislative; repeal, SB 28 .___...____...__.------71, 84, 214 Retirement System, Legislative; twenty years' service,
eligible age 65, SB 65 ___--_------....___._..119, 140, 622, 683, 700, 718, 842 Retirement System, Teachers'; benefits before age 62,
HB 173 -_----....--------------------______--__.___----.----1156, 1158, 1220 Retirement System, Teachers'; credit, certain cases,
SB 20 --------..------...._-__......._..____..51, 73, 914, 980, 1032, 2019, 2022 Retirement System, Teachers'; increase benefits, SR 22 ______..__121, 142 Retirement System, Teachers'; investment of funds, SB 4._.._._______27, 44 Retirement System, Teachers'; leave of absence for study,
HB 169 ------------------------------------_.222, 224, 259, 679, 761, 1367, 1475 Retirement System, Teachers'; post-retirement benefit
changes, SB 71 --___.____-__._..____._.._._.___._..__----121, 141 Retirement System, Teachers'; post-retirement benefit
changes, HB 174 _._____--------.....____.----..851, 856, 891, 1367, 1525 Retirement System, Teachers'; redefine earnable compensation,
HB 171 ...___----------------------.---------------_...----851, 856, 891 Retirement System, Teachers'; refunds, disability and waiting
period, HB 170 ----___._..__--....._____.__.._,_223, 224, 259, 915, 1189 Revenue Bond Study Committee; create,
SR 107 ..__--_.____.__----._____.997, 1319, 1382, 1484, 2018, 2025 Revenue Commissioner; equalize county school tax digest,
HB 734 ------._..__..__..__.._..__.___.________1343, 1344, 1364 Revenue Commissioner; furnish equalized school tax digest to
Education Board, HB 735 __________.__________1343, 1344, 1364
Revenue Commissioner; no limit, alcohol tax unit motor vehicles, SB 193 _____________515, 547, 677, 836, 880, 1753, 1811, 1977
Revenue Commissioner, State; tax collection in cities and counties, HB 525 _...._._..._.._...___._...__--1305, 1310, 1361, 1744, 1900
Reynolds, Charles W.; appreciation for coffee, SR 58 ___..._____.__----278
Richland, City of; change corporate limits, HB 751 ............__----___------------__------922, 936, 1008, 1100, 1181
INDEX
2083
Richmond County; assistant solicitor general, SB 142 __________________......_____....286, 307, 1367, 1434, 1566, 2017, 2024
Richmond County; associate city court judge, provide, HB 900 _____________._._._______.___.____1568, 1572, 1690, 1737, 1748
Richmond County; certain elected officials, compensation, HB 912 ------_______.__--------._._._._...----------_______.___._1489, 1497, 1575, 1737, 1748
Richmond County; certain employees, additional compensation, HB 911 ----_.------------__..------------.___.___.______..___..-1489, 1496, 1575, 1737, 1748
Richmond County; city court solicitor, pension, SB 61 ___-_.-___._.________.________.. 119, 140, 1030, 1050, 1151, 1707, 1731, 2024
Richmond County; education board, election, HB 510 ............567, 576, 616, 898, 957 Richmond County; joint city-county tax assessor board,
create, HB 886 _________________.__,,.__________ 1711, 1712, 1742, 1905, 1966, 2014 Richmond County; sheriff's employees, compensation,
HB 920 __________________________________.1489, 1497, 1575, 1857, 1879, 2015 Richmond County; traffic regulations, HB 469 ____......567, 575, 615, 1099, 1167 Rider, Mrs. Fred; compensate, HR 40 ...._________...........572, 581, 606, 620, 709 Rifles; purchase in adjoining states,
HB 643 ___..____________________..______________.926, 932, 1005, 1194, 1414, 2016 Rincon, Town of; recorder and recorder pro tem, HB 78 -132, 135, 160, 228, 263 Robbery, Armed; change definition and penalty,
HB 719 ______________________ 1035, 1041, 1097, 1555, 1633, 1754, 1954, 1975, 2003 Robinson, Mr. Herman; compensate, HR 53 ___________.572, 581, 606, 620, 710 Rockdale County; commissioners, compensate,
HB 494 _------_.._.____._----------..___.______----___________.- 513, 519, 550, 606, 642 Rockdale County; ordinary, compensation, HB 495 ............513, 519, 550, 606, 642 Rockdale County; police powers, HB 871 ___.___.____.______.1209, 1217, 1315, 1369, 1454 Rockdale County; sheriff, compensation, HB 497 _______________513, 519, 550, 606, 643 Rockdale County; superior court clerk, clerical help,
HB 496 ____.._____________.___.________________.._..___.___.__._______513, 519, 550, 606, 642 Rockdale County; tax commissioner, compensation,
HB 729 _..__.______________....______.___..__..__._..__.____.________923, 934, 1007, 1099, 1176 Rodgers, Franklin C. (Pepper); commend, SR 141 ____________________-.1630
Rome, City of; city manager, powers and duties, HB 477 __.______.._.._.__________.__.__.___.__________.__._________.512, 517, 549, 738, 809
Rome, City of; elections, HB 476 _._______________________________.__611, 517, 548
Rome, City of; retirement fund, investment of excess, HB 478 ___________________._________.___._.._..-_______._________.B12, 517, 549, 605, 639
Rome Judicial Circuit; superior court judge, salary, HB 193 ______________________________________________ 240, 251, 296, 1099, 1169, 1490
Rome Peace Officers' Auxiliary; commend, SR 115 _---____-_-__--...._..--.1234
Rosemond, Mr. Ken; remarks ____,,______-_-_------___--_.____.--__--__--__--115
Rossville, City of; new charter, HR 249 ________________241, 251, 296, 605, 628
Royston, City of; employ city manager, HB 802 ----1034, 1041, 1098, 1196, 1233
Royston, City of; recorder's court, create, HB 801 -----------------.___----- --__..1034, 1041, 1098, 1196, 1233
Rule Nisi; prohibit in divorce action, SB 151 ___..___.____.___.____321. 349, 867
Rural Roads Authority; authorize additional bonds, HB 436 ________________667, 671, 732, 1048, 1190, 1197, 1206, 1274, 1536, 1542, 1959, 1975
Russell, Richard B. Laboratory; name for the Southeastern Agricultural Research Lab, SR 144 ..._....._._________________1630
Rust, Mrs. Jessie L.; compensate, HR 9 -_________________.671, 580, 606, 620, 705
2084
INDEX
s
Safety Requirements; racing facilities, HB 784 1036, 1041, 1097, 1682, 1806, 2016 Saint Marys, City of; abandon certain property, HB 285-242, 252, 297, 1804, 1861 Sales and Use Tax; exempt sale of property by certain hospitals,
HR 305 _______.__.-._____.._-.-1491, 1501, 1579, 1679, 1814
Sales and Use Tax, Holy Bible; ratify executive order, HR 304 -.___.._______.----------------_._._.___.__.__.1491, 1501, 1578, 1679, 1813
Sales and Use Tax, Property, ratify executive order,
HR 306 __....--....._-----_------.--.-..._._......-------_..--.1492, 1501, 1579, 1679, 1814
Sales; price reduction illegal for additional sale, SB 212 __..___--------._._.._._._..._.__--_._ 612, 675, 1321, 1371, 1480, 1532, 1684
Sanders, Mr. Idus Eugene; compensate, HR 132 ....._............573, 582, 607, 621, 717
Sandersville, City of; city treasurer, abolish office, HB 328 ____.__.__.._____._--______________._.-...........282, 289, 310, 1030, 1056
Sapp, Mr. J. C.; compensate, HR 121 _______._..._________-_~.-573, 582, 607, 621, 716 Sardis, Town of; reincorporate, HB 855 ------______. 1208, 1216, 1315, 1683, 1696, 1755 Savannah, City of; extend corporate limits, HB 775 ....1208, 1215, 1314, 1480, 1512 Savannah Municipal Court; revise all laws relating to,
SB 97 ...._----_...........___._..._..----.-.._.__..._..177, 198, 228, 261, 302, 1559, 1606, 2024 Savannah, Port of; foreign trade zone, SR 60 ...__......._.._.__ 305, 326, 679, 757 Scarborough, Kristina Marie; commend, SR 24 ...._._._..._.,,__.._.......____...144
Scenic Rivers System; designate certain rivers, SB 90 ......_......_._....._..--------_..__. 155, 183, 227, 314, 336, 1903, 1955, 2023
Schley County; sheriff, compensation, HB 314 ..._..________......244, 256, 300, 328, 365 Schmid, Captain Harry; remarks -_.___.._----.._...---.----.__.__.--..___...........108 Scholarship Commission, Georgia; director, surety bond,
HB 172 ...._...._.._.._._....__...._....--__._--.........................240, 250, 295, 679, 822 Scholarship Study Committee; create, SR 117-- 1215, 1434, 1464, 1566, 1904, 2025 Scholarships; to students in non-State colleges, SR 86 ....._.._...._._......_.__._670, 732 School Funds; provide for investment, HB 304 ____--__.._____.....514, 516, 548, 880, 986 School Lunch Funds; Minimum Foundation Program of Education,
HB 785 ___--_____.--..___-__.__.___....-.-1115, 1116, 1166, 1366, 1474 School Property Tax Digest; correct equalization in certain counties,
HB 454 _..::___,_._.._._....._...__....._.........__..._...._....1296, 1318, 1383, 1468 School Property Tax Digest; Revenue Commissioner equalize,
HB 734 ._______.__....._________..___..__..__--1343, 1344, 1364 Schools; funds needed to transport pupils, SB 207 ._........_..._......_......_...543, 584 Schools, Local Boards; obtain bids on supplies, SB 183 ..--...387, 520, 679, 747, 843 Schools, Public and Private; compulsory attendance,
HB 156 _--___;_..._____-..__...___......................_....340, 345, 395, 842, 876, 1425
Schools, Public; authorize silent prayer, SB 21 __________....----__._...._.____51, 73, 125, 145, 170, 1708, 1816, 2020, 2022
Schools, Public; create retirement system for certain employees, HB 141 __________.__----_._.______996, 1002, 1047, 1802, 1855, 2011
Schools, Public High; freedom vs. communism course offered, SB 286 _._.....___--......__..--__..__......_...........__.................1426, 1483, 1501
Schools, Public; tenure law, SB 23 ...._____....._....._____70, 84, 679, 739, 794 School Superintendents, County; filling vacancies,
HB 560 ________________________796, 799, 865, 1678, 1818, 2016 School Tax Digest, Equalized; Revenue Commissioner furnish to
! Education Board, HB 735 ---- ___.__.__.__._.___._._._.._._...1343, 1344, 1364 Science & Technology Commission; change membership, i: HB 329 _______.____..____..._--_..___...................__....795, 798, 865, 1417, 1612
Scott, Town of; new charter, HB 596 ___.._________....666, 673, 735, 899, 961
INDEX
2085
Screven County; ordinary, compensation, HB 730 ...........921, 934, 1007, 1099, 1177
Secretary of State; compensation and allowances, SB 46 ______-------_,,_------116, 137
Securities Act; exemption from registration, certain securities,
SB 279 -------._,,_-..___,,___,,___----__----1309, 1360, 1483, 1523, 1684, 1756, 2023
Securities Act, Georgia; insurance, endowment policies, redefine terms,
HB 319 ._.-_--_-_.__.-____--,,.______.,,-_.__._...--,,_-_--_-_--- --686, 687, 736, 866, 988
Securities, Gifts of; life insurance and annuity contracts to minors,
HB 19 ----_--_______-------------------152, 156, 183, 186, 204, 223
Seminole County High School Girls' Basketball Team; commend, SR 170----1889
Seminole County; sheriff, compensation, HB 868 _.__1209, 1216, 1315, 1369, 1454
Seminole County Small Claims Court; create,
;
HB 788 --__--------__------_----.__------_------994, 1001, 1046, 1480, 1513, 1675
Senate Assistant Administration Floor Leader; amend SR 3 relating to,
SR 25 _---.-.---------__---._____----_--------------_-----155, 183, 230, 231
Senate Interim Pay; 1969 session, amend SR 3, SR 46 ...._.____-210, 230, 231
Senate; officials, employees and committees, SR 3 _.--~______--~________9
Senate, President Pro Tern; receive gift, SR 23 ------_.______..__.._._.____-123
Senate Rules; adopt, SR 2 ,,---- __----------------------------_.__...___----. 9
Senate Rules; amend 126, relating to committee reports, SR 133 ...1426, 1506, 1520
Senate Rules; amend relating to floor privileges, SR 89 .....________.--__.797
Senate Rules; amend relating to recording votes, SR 85 _.___.._._._._____.670
Senate Standing Committees; appointment of _______------__________.__.____,-14
Senoia, City of; new charter, HB 528 --------__--------568, 578, 617, 898, 958, 1037
Sentence, Criminal Cases; custody time credited,
SB 171 __._............____.._...__.______............._...._..... 343, 393, 1383, 1462, 1566, 1859, 2024
Sequoyah High School Gymnastic Team; commend, SR 159 _---____________1737
Seventh District Legislative Association Day; designate, SR 110 -------- ...... -.----1100
Sheriffs' Retirement Fund; eligibility, new sheriffs,
SB 54 --_.---.----,,--_----.------------.------117, 138, 622, 681, 766, 2019, 2026
Shotguns; purchase in adjoining states, HB 643 ----926, 932, 1005, 1194, 1414, 2016
Skinner, Miss Stephanie, Commend, SR 45 _.____..._______._.______:214
Smeds, Miss Julia; commend, SR 154 _____------------__------_------------__________-1702
Smith, Mrs. Betty; compensate, HR 230 _----__------_____.1087, 1094, 1165, 1319, 1398
Smith High School Basketball Team, Mark A.; commend, SR 124 ____________________1327.
Smithville, City of; ad valorem taxes, HB 36 ..................._...__78, 82, 105, 143, 165
Smyrna, City of; increase corporate limits, HB 405 ....____....304, 306, 376, 738, 808
Smyrna, City of; increase corporate limits, HB 749 .__922, 935, 1008, 1100, 1180
Snow, Mr. Ralph Mattox; regrets at passing, SR 160 _____________.____1756
Soccer Team, Atlanta Chiefs; commend, HR 198 -- __----_----_________--514, 538
Solicitor General; change to district attorney in Acts and Code
;
Sections, SB 16 ............._..........__..........._......._50, 72, 107, 127, 144, 193, 205, 2026
Solicitors and Trial Judges; retirement fund, allow law practice,
SB 12 -- --------__----_------__.________________.____.__42, 54, 162, 187, 207
Soperton City Court; judge, solicitor, salaries, HB 369 _____-___-283, 290, 311, 329;
368, 514
South Carolina-Georgia Boundary; extend seaward, HB 114_193, 196, 213, 331, 501
Southern Judicial Circuit; additional judge,
HB 407 ..... ... _____.._.___-----724, 730, 804, 1320, 1458, 1466, 1741, 1754, 1809
South Habersham Football Team; commend, SR 57 --_------_______________278
Spalding County Small Claims Court; create,
HB 431 ____--___._,,_,,._._.___.__.__.._--______..._.___.__._________..._._.318, 325, 353, 1556, 1586, 1710
Staples, Honorable Earl; regrets at passing, SR 11 _.______________..53
Staples Day, Eric; designate, SR 113 ------------_------________________1234
Starnes, Honorable Richard Lee, Jr.; commend, SR 33 ...._______._._.__-190
State Agencies; file possibility of claim with Claims Advisory Board,
'
SB 287 ____------------.----------------__.___----____.________________1493, 1573
2086
INDEX
State Agencies; file possibility of claim with Claims Advisory Board,
HB 906 _____________________________________________1568, 1572, 1690, 1857, 1912
State Board of Air Transportation; change membership,
HB 39 ____._,,-__,,,,,,_.____,,,,,,__
79, 82, 105, 355, 507, 541
State Board of Corrections; money to released prisoners,
SB 145 __.__..____________________..___________.287, 308, 525, 553, 607, 1207, 1323, 2024
State Board of Examiners, Psychology; number of members, SB 268 _____________________ ______________.___.__________.______._1090, 1161, 1366, 1409, 1484
State Budget Bureau; provide information on new programs, HB 11 ______....____.___.._.... ..____.____________1304, 1309, 1360, 1418, 1473, 1710
State Building Administrative Board; create, HB 905 _______________________ ______._____________________1568, 1572, 1690, 1736, 1851
State Communications Committee; create, HR 264 ..___________.____.___.__.___________.1036, 1042, 1098, 1223, 1331, 1384, 1545
State Council for Preservation of Natural Areas; supervision of, SB 273 _______________,__,,,,_,,__,,_____________,,____,,_____,,,,,,__,,,,__,,_____________ 1158, 1219
State Department of Education; funds to teach deaf, speech-handicapped children, SB 275 _______....__.__.____._1158, 1220, 1366, 1409, 1484, 1902, 2025
State Employees; covered under minimum wage, SR 49 _______________________ 224, 258
State Employees; immunity from liability while performing duties,
SR 93 _________________.._-____________________________________________-____.854, 890
State Employees; insurance coverage,
SB 126 ______
246, 292, 562, 598, 660, 1834, 1837, 1859, 1899, 2023
State Employees, Officials; increase mileage allowance,
HB 28
______________________101, 102, 124, 1802
State Employees; 26 pay periods per year, SB 210 _________________________ 573, 614 State Employees; public funds for education, SB 271 ___________.______1157, 1219
State House Officials; emeritus offices, HB 509 ___._________852, 857, 891, 1677 State Income Tax; change corporate and individual rates,
HB 162 _. _____ 647, 661, 940, 1074, 1078, 1088, 1105, 1121, 1130, 1285, 1294 State Labor Department; receive appropriation for Employment Security
Agency, HB 135 ________-____________________.____.___384, 390, 522, 563, 598, 1037 State Militia; active duty; SB 107 ____._____._________.______.__194, 211, 354, 537, 563
State Militia; relative to call to active duty, HB 322--640, 546, 586, 879, 1114, 1213 State Officials; compensation of certain constitutional officers,
SB 68 ___,,,,,,_______,,__,,_-__,,__,,_,,__,,____,,____ _____120, 141, 1383 State Park (Black Rock Mountain) ; grant easement,
SR 102 ___________________________.929, 1003, 1383, 1410, 1484, 1902, 1908, 2025 State Parks; acquisition of sites, HR 194 _.____1493, 1500, 1578, 1805, 1901, 1978 State Projects; prevailing wage for employees, SB 242 _______________________ 854, 889 State Song; "Georgia", SR 111 _,,,,________,,_,,_____,,________________,,,,_____________ 1090, 1162 Statham, City of; land conveyance, HB 340 _.____.____.___--_.245, 257, 301, 329, 366 Statham, City of; streets, public ways, HB 341 _____________ 246, 257, 301, 329, 367
Status Reports; Public Safety Department Director charge for, HB 877 _______________-_-____________._________________._-_-__1710. 1712, 1742, 2002, 2005
Stephens County; commissioners, salary, HB 326 __________.245, 257, 300, 329, 366 Stepparents; liable for support of minor stepchildren, SB 94_______176, 197, 678, 746
Stewart County; education board, election date, HB 750 _________________________________________________ 922, 935, 1008, 1100, 1181, 1308
Stock of Banks; increase in certain category, SB 157 _____________________________________322, 350, 562, 602, 660, 1687, 2023
Stone Mountain Judicial Circuit; additional court reporters, HB 940 ____________________________________1352, 1359, 1434, 1737, 1749
Stone Mountain Judicial Circuit; assistant district attorneys, HB 387 ___________ ___._.___________________________.._________1723, 1743
INDEX
2087
Stone Mountain Judicial Circuit; counties supplement district attorney's
salary, HB 190 ____._.._.__._......___.____ ....1156, 1159, 1220, 1804, 1860
Stone Mountain Judicial Circuit; supplement judges' salaries,
HB 411 -------- .--------_----------__..___.______ . .__.--304, 306, 327, 898, 952
Student Aid Program; State Scholarship Commission accept money or
property, HB 953 ------------------------------------1534, 1541, 1579, 1734, 1825
Student Loan Program; commend participants, SR 158 _._----__--------.--.1756.
Student Loan Program; Higher Education Assistance Corporation promote,
HB 954 ..._._____--------------_________----__1534, 1541, 1579, 1734, 1827
Sumter County; court clerks, compensation, HB 313 ._.._....244, 255, 299, 328, 364
Sunday Business Activities; prohibit, provide for exceptions,
SB 81 .______---_.__ -- -__.-----_-_.-----.-------------134, 159, 551, 594, 609
Superior Court Clerks; change fees received, HB 217 ._._..._....__-319, 324, 353
Superior Court Clerks; change retirement benefits, HB 5....__49, 52, 74, 915, 985
Superior Court Clerks; recording of real estate deeds, SB 235 ______853, 888
Superior Court Clerks; revise fees, SB 74 .._...____.------------134, 159, 552, 692, 766
Superior Court Judges Emeritus; widows' benefits, SB 9..._42, 53, 214, 231, 272
Superior Court Judges; limit compensation, SB 221 ...._..--..669, 731, 1267, 1326
Superior Court Judges; retain eligibility in Employees' Retirement
System, HB 186 ....._____...._._.._._.........------__..341, 345, 395, 1367, 1979
Superior Court Judges; salary, expense allowance,
HB 122 ----_------_------_______......_...............-209, 211, 227, 331, 372, 375
Supplemental Appropriations; remainder of 1969,
HB 76
------.--.......---- 335, 345, 395, 399, 527, 555, 559, 560, 654, 668
Supreme Court Justices; salaries, SB 26 ._____.___----....70, 84, 126, 146, 150, 373, 509
Surplus Property; transfer to agency for surplus property, SB 265 ----1039, 1096
Surveyor, County; filling vacancies, HB 567 -----992, 998, 1044, 1554, 1613, 2021
Swainsboro, City of; mayor, term of office, HB 500 ....__.665, 672, 733, 898, 957
Sweetwater Valley; State urged to acquire title to property
(Douglas County), HR 228 _._..._...._........__.__...1491, 1500, 1578, 1736, 1823
Sylvester City Court; judge practice law, HB 483 --__.._______.512, 518, 549, 606, 641
T
Tag Agents, County; fee for tag application, SB 219 ___--..__..--.__..._._.__669, 731 Tag Agents, County; fee for title application, SB 218......669, 731, 1482, 1526, 1684
Tags, Special License; citizens' band radio vehicles, HB 418 --------------.......------------.--.----......_...... 385, 392, 524, 679, 763
Taliaferro County; commission chairman, surety bond, HB 1011--1707, 1711, 1742 Tate Water and Sewer Authority; create, HB 980 ----1478, 1498, 1577, 1683, 1699 Tattnall County; commission chairman, compensation,
HB 299 -------..______-____-------------- --__243, 254, 298, 328, 362 Tattnall County; education board chairman, compensation,
HB 298 ----.----------------..------....----._.........._.........243, 253, 298, 328, 361
Tattnall County; ordinary, compensation, HB 297 ----242, 253, 293, 328, 361, 541
Tattnall County; sheriff, compensation, HB 364 ...--__----282, 290, 310, 329, 367
Tattnall County; superior court clerk, compensation,
HB 300 ...
_------._------------.......--__---243, 254, 298, 328, 362
Tax, Ad Valorem; exempt certain corporations, HR 204 _.___--1036, 1042, 1098
Tax, Ad Valorem; exempt persons 65 or older, SR 53 ...--------------------------.----_.. 249, 294, 561, 659, 756, 1320, 1379, 1419
Tax, Ad Valorem; limit maximum amount, SR 6 ._._.__.__....______..43, 54
Tax, Ad Valorem; property in transit, SR 17 ....______.__.__.____102, 123
2088
INDEX
Tax, Ad Valorem; valuation, failure to return, SB 165 __.______________.__._______.____ 342, 392, 677, 752, 843, 1618, 1810, 2024
Tax, Alcoholic Beverages; collected by cities and counties, HB 814 _______________________________________1304, 1311, 1361, 1682, 1704
Tax, Alcoholic Beverages; to Health Department for alcoholics,
SR 71 ___________________________________.____________________________..544, 584 Tax Assessment Arbitration; decisions binding, certain cases,
SB 192 _________________.__.__.___________________515, 547, 677, 753
Tax Assessors, Atlanta-Fulton County; continue assessment, ; property tax, SB 204 ______._.____...__________________________..__.___.___._______543, 583 Tax Assessors, Counties; powers and duties,
SB 114 ____________-______________195, 212, 562, 597, 660, 1212, 1337, 2023 Tax, Cigarettes; duties of dealers, distributors, HB 244.....513, 516, 548, 1384, 1473
Tax Digest, School Property; certain local school units receive sums due, HE 179 ________-_____.____________________1296, 1297, 1318, 1383, 1469
Tax Digest, School Property; correct equalization in certain counties, HB 454 _____________________________________1296, 1318, 1383, 1468
Tax; exempt apartment projects for aged, certain cases, SB 180 _.____________._.______..____.__.__.______387, 520, 866, 905, 989
Tax Excise; increase on wine, HB 104__.571, 574, 614, 914, 1017, 1089, 1105, 1122, 1129, 1237, 1284, 1297, 1323 1569, 1613
Tax, Federal Income; urge Congress to retain exemption on municipal
bonds, SR 95 ____________ 886, 938, 1483, 1523, 1685, 1834, 2025 Tax Fi Fas; easements not affected by, HB 6 ______________49, 52, 74, 207, 216, 285 Tax; hotels, motels in Fulton County, SB 203 _____-_______-__-______-_________-542, 583
Tax; hotel and motel rentals, collected by cities and counties, HB 812 _______.____________._________._.________.1304, 1310, 1361, 1682, 1796, 1892
Tax on Admission Tickets; collected by cities and counties, HB 813 _._____.____________.__________.____.1304, 1311, 1361, 1682, 1704, 1740
Tax, Motor Fuel; agricutural refund application, HB 398 ___._. 1560, 1562, 1580, 1682, 1910
Tax, Motor Fuel Excise; increase, HB 81______647, 661, 676, 940, 1106, 1200, 1214, 1236,-1292, 1294, 1341, 1373, 1490
Tax, Property; foreign merchandise in transit, no tax, SB 226 _..___.._____..__-________--_-725, 800, 1081, 1186, 1205, 1674, 1851, 2023
Tax, Real Estate Transfer; leases excluded, HB 90 _______74, 179, 200, 206, 219, 386, 1522
Tax Returns, Income; provide for late returns, HB 280--_--__,,___--___--___----___------_--------1353, 1356, 1432, 1744, 1897
Tax Sales: See Sales and Use Tax. Tax, State Income; armed forces exemption, HB 333 ____.385, 391, 523, 1274, 1375 Tax, State Income; change corporate and individual rates,
HB 162.___.___._---._..-_-----_647, 661, 676, 940, 1074, 1078, 1088, 1105, 1121, 1130, 1285, 1294
Tax, State Income; exempt certain retirement income, SB 290 -- _--______ 1893 Tax, State Income; forms, HB 527 _____._____883, 886, 938, 1384, 1475, 1540 Tax, State Income; military officers' exemption, SB 108 _____ 194, 211, 227, 275, 302
Taylor County; coroner, compensation, HB 679 _.__._..849, 861, 895, 1031, 1066
Teacher Allotment; Minimum Foundation Program of Education, ' " SB 13 ,,-,,_.-.___-_----------43, 54, 75, 96, 97
Teachers' Retirement; benefits before age 62, HB 173 ._____. 1156, 1158, 1220
Teachers' Retirement System; certain teachers reestablish 1 membership, HB 195 _____________________ _______ 1156, 1159, 1220, 1802, 1911, 2015
Teachers' Retirement; credit, certain cases, SB 20 _______.51, 73, 914, 980, 1032,
>".'
2019, 2022
INDEX
2089
Teachers' Retirement; increase benefits, SR 22 --_--------...------------.-----121, 142 Teachers' Retirement; investment of funds, SB 4 ___----------.-...-..----.27, 44 Teachers' Retirement; leave of absence for study,
HB 169 __..._._.._,,--__------------------------222, 224, 259, 679, 761, 1367, 1475 Teachers' Retirement; post-retirement benefits changes, SB 71 --.______---121, 141
Teachers' Retirement; post-retirement benefit changes, HB 174 ----------_._--_.--_._.----_____________.___.._________._______.851, 856, 891, 1367, 1525
Teachers' Retirement; prior service credit, defined,
HB 194 _-___.__.____.-----.--_-__----.....1156, 1159, 1220, 1555, 1599, 1722 Teachers' Retirement; redefine earnable compensation, HB 171 .----851, 856, 891
Teachers' Retirement; refunds, disability, and waiting period, HB 170 _.__--------.....----_.___----_____________ 223, 224, 259, 915, 1189
Teachers' Retirement System; vocational association personnel be members, HB 37 --__.........--------...._..----_------___.__..540, 545, 585, 915, 986, 995
Teacher Tenure; local school systems, provide, SB 84 .........................154, 182, 330 Teacher Tenure Study Committee; create, SR 135 ...------------.--.-....._...------1494
Teaching Americanism vs. Communism Study Committee; SR 140 ..____1569 Telephone Ladies; commend, SR 125 .----.------.------..____------___.----__--------1369
Television; advertise alcoholic beverage on closed circuit, SB 209 -....._........ 573, 614 Television, Educational; change state-wide cost factor, HB 203 ........ 319, 324, 352,
562, 590 Television Networks; inform viewers of certain programs in
advance, SR 55 --..-.----...----_--.-...--------.--------.........___ 250, 295, 399, 534
Television, Radio Advertising of Cigarettes; oppose FCC proposal to ban, HR 181 ____...___--_..------------..__.._......796, 799, 865, 1195, 1330
Telfair County; commissioners, compensation, HB 925 --.._.._______ 1351, 1358, 1433,
1556, 1593 Telfair County Education Board; increase membership,
HB 883 ........--......----..-..------.-----------------1305, 1312, 1362, 1556, 1588
Telfair County; ordinary, compensation, HB 670 ...--..._.___..924, 932, 1006, 1368,
1442, 1569
Telfair County; sheriff, compensation, HB 924 _..___ 1351, 1357, 1432, 1556, 1593
Telfair County; superior court clerk, compensation,
HB 667 _----------_._.--------_______.__.--_._____ 924, 932, 1006, 1368, 1441, 1569
Telfair County; tax commissioner, compensation,
HB 991 _....----....---------------------___..--_.. 1490, 1500, 1578, 1683, 1701
Tenure Law; personnel of public schools, SB 23 ______________________.70, 84, 679, 739, 794
Thomas County; commissioners, travel expenses,
HB 960 --------..------------------....______
1423, 1428, 1503, 1556, 1596
Thomaston, City of; extend corporate limits, HB 265 .........281, 289, 309, 328, 360
Thomson, City of; extend corporate limits, HB 427 --------339, 348, 397, 738, 809
Thomson High School Football Team; commend, SR 173 --------------.._.--------.2010
Thrower, Randolph W.; commend, SR 178 --___......___.___.--------------_----__----2010 Tift County; commissioners, compensation, HB 251 ----664, 070, 732, 1030, 1056 Tift County Development Authority; increase bond interest
rate, SB 269 ------------_.--------......._. 1157, 1219, 1367, 1436, 1566, 2018, 2025 Tift County; ordinary, compensation, HB 480 ...--------512, 517, 549, 606, 640
Tift County; sheriff, compensation, HB 481 .......----_......._512, 518, 549, 606, 640
Tifton, City of; city manager, compensation, HB 604...----_--------------........._...__----_----._-_......_667, 674, 735, 1030, 1061
Tifton, City of; extend corporate limits, HB 617 --.....-.....991, 998, 1044, 1804,
1869, 2016
Time, Uniform; termination date, Labor Day, HR 62 ........320, 326, 354, 399, 526
Tired Creek Project; possible state park site,
HR 190 _____.__-------------------._.__..__.--------1560, 1565, 1583, 1680, 1823
2090
INDEX
Title, Motor Vehicle Certificate of; lien records, HB 288 _____.--___----____------------__-385, 391, 523, 562, 838, 915, 916
Tobacco, Flue-cured; change rate of warehouse sales, SB 113----...195, 212, 561, 590, 660, 1687, 2023
Toccoa, City of; ad valorem tax rate, HB 325 ----------.246, 256, 300, 329, 366 Toombs County; commissioners employ certain persons,
HB 442 __--------------_--____----------__664, 671, 733, 898, 954 Toombs County; tax receiver, compensation, HB 443 .----664, 671, 733, 898, 954 Toombs Judicial Circuit; district attorney, expense allowance,
HB 881 ___________________.--.___--------___,,___.--.1305, 1311, 1362, 1556, 1587 Tourism; encourage by allowing package tours, SR 77 --------.----_--------.545 Tourism Study Committee; create, SR 142 ----------------------------__1570 Traffic on Highways, Uniform Act Regulating; motor vehicle
inspection, HB 218 ----------.--__.--.......----385, 390, 523, 879, 913, 1017, 1833 Traffic Violations; point system, SB 272 ________1157, 1218, 1365, 1464, 1566 Trailers, Mobile Homes; transporters, registration,
HB 805 --------------___------.._......----..----.-._.__ 1218, 1238, 1317, 1365, 1603 Treutlen State Court; judge, solicitor, salaries,
HB 369 .__.--___..____----......__.----.__------------.283, 290, 311, 329, 368, 514 Trial Judges and Solicitors Retirement; court reporters
eligible, SB 56 ------_._.--------------__.._..------__..----------_.----.118, 139 Trial Judges and Solicitors Retirement; exempt certain
solicitors, SB 62 ___________------119, 140, 914, 1336, 1419, 1902, 2026 Trial Procedure, Civil Cases; third-party complaintants,
SB 215____----_.____--____------.------612, 675, 1389, 1408, 1484, 1835, 2024 Trial without Jury; Civil Practice Act, duty of court,
HB 747 __._________________----_...----_.___1268, 1270, 1317, 1555, 1676, 1710 Trial without Jury; provide sentence, HB 717 ___________1035, 1040, 1097, 1806, 1997 Trials; criminal cases, date of arraignment, SB 10 --------______42, 53, 1389, 1405 Trials; joint if two or more under same indictment,
SB 123 .-___.------_-______--.----_________.______--------. ________ 246, 292, 552 Trotter, Mr. Tom; compensate, HR 116 .__._----------.1376, 1378, 1418, 1431, 1547 Trust Funds; investments by trustees, SB 184 ______388, 521, 562, 601, 660,
1687, 2023 Turner County; commissioners, compensation, HB 206 ______ 222, 225, 259, 328, 359 Turner County; sheriff, compensation, HB 247 _...__. __.___.241, 251, 296, 328, 360 Twiggs County; commissioners, compensation, HB 554 _..570, 580, 619, 1099, 1171 Twiggs County; number of deputy sheriffs, HB 553 ----.570, 580, 619, 1099, 1171 Tyus, Miss Wyomia; congratulate, SR 28 _...----____----___------_.------_..169
u
Unadilla, City of; change corporate limits, HB 82 _______ 173, 179, 199, 228, 264 Unemployment Compensation; change benefits and eligibility,
HB 447 ---------------.--------_----___.____....._.._____.386, 392, 524, 551, 589 Unemployment Compensation Fund; extend time for expenditures,
HB 136 .----_.--__.----____.__----____--.__.384, 390, 522, 678, 761, 1037 Unemployment Compensation; week waiting period, SB 105 ----.178, 199, 551 Uniform Commercial Code; protect livestock merchant,
HB 362 ._______.__----_------_--------__------------1115, 1116, 1166, 1195, 1386 Uniform Consumer Credit Code; create, SB 18 .___..------ 50, 73, 330, 381, 401, 588 Uniform Consumer Credit Code Study Committee; create,
SR 101 .----..--_----.--____----.__.929, 1048, 1151, 1205, 1902, 1907, 2025 Uniform Time; termination date Labor Day,
HR 62 ----______------------.___----._----..._----------.___320, 326, 354, 399, 526
INDEX
2091
Union City; compensation, mayor and council, SB 63 _______.119, 140, 328, 356,
509, 924, 2025 University of Georgia; commend football team, SR 29 --_------_______.190, 207, 284 University of Georgia; commend football team, HR 163 _____--___-284, 302 University System of Georgia Study Committee; create, SR 109 ------- 1039, 1302 Unliquidated Damages Interest Act; remove limitation, HB 452 -----796, 799, 865 Urban Redevelopment Law; amended, certain counties,
HB 694 .______...____.--------------__-_..-992, 998, 1044, 1321, 1415 Urban Roads; authorize additional bonds,
HB 436 --___.--------------..---..GG?, 671, 732, 1048, 1190, 1197, 1206, 1274, 1536, 1542, 1959, 1975
Usher, Judge J. Walton; regrets at passing, SR 65 ._.__________----_._.--_--------.400 Usury; no interest limit, certain loans, SB 208 ----..543, 562, 584, 648, 662, 1345 Utility Rates; fixed by Public Service Commission, HB 366 --1115, 1116, 1166,
1481, 1816
Valdosta, City of; alter corporate limits, HB 619 ....... 721, 727, 802, 1030, 1062
Valdosta High School Wildcats Football Team; commend, SR 98 --...._....._. 900
Variable Annuity Contract; regulations, HB 320 ........686, 687, 736, 866, 987, 1036
Vending Stands Operated by the Blind; define terms,
SB 116
__..__ 209, 226, 355, 505, 538, 1722, 1757, 2023
Venereal Disease Treatment, Minors; parents consent not
required, SB 179-.__....................... 387, 520, 551, 644, 688, 1618, 1812, 2024
Vernonburg, Town of; annex certain property, HB 384 ...___.._385, 391, 524, 605, 633
Veterans, Disabled; consensual transactions binding,
HB 335 ___........____--__..__----------..._...__. 667, 671, 736, 1555, 1603
Veterans, Disabled; honorary driver's license to spouse,
SB 276 ___....._.___________-.---.1158, 1220, 1365, 1404, 1484
Veterans, Disabled; married minors, contracts binding,
SB 109 _________--__------_---__-_-_-__.-_-_---_--_----.194, 211, 1389, 1402, 1484
Veterans; five points preference in civil service, SB 185 ....--.............-.-.-..388, 521
Veterans Home, Georgia War; Veterans Board admit, discharge,
SB 110 ,,._..__._____.__._.___.____194, 211, 354, 503, 538, 1212, 2023
Veterans; preference in civil service, HB 550 ....__.__-883, 887, 938, 1105, 1190
Veterans of World War I; commend, SR 132 _..._.._------_----------__._1479
Veterans Service Department; purchase ambulance,
SB 111 ___.__--,,__.........__.--.._..----------195, 212, 354, 504, 538, 1213, 2023
Veterans Service Department; purchase ambulance, HB 336 .__.....--.722, 727, 802
Veterans War Home, State; admission to, HB 334 ________.,,_________----722, 727, 802
Veterinary Medicine; relating to renewal of licenses,
HB 31 ._.----______....___--_--..--_.------.--...850, 855, 890, 1010,1122, 1681, 1991
Veto By Governor; change procedure for overriding, SR 43 __----_----_----________________--------_--------___210, 226, 914, 1116, 1205
Vetoes by Governor, 1968; communication received ___...-._-_----_----------611
Vickers, Joey; award at Joint Session, SR 47 _......._._______----_,,_--------231, 284
Vickers, Joey; commend, SR 48 ----_________.__--...__--------__.._._._...__..220
Vocational Association, Georgia; personnel be members of Teachers' Retirement, HB 37-__------.------_____ 540, 545, 585, 915, 986, 995
Vocational Schools; funds, HB 272 ............................341, 346, 396, 679, 823, 1214
Voter Qualifications; elections, HB 559 ...............--________925, 931, 1005, 1048, 1269
Voting; residence requirements, certain elections, SR 5 ....... 27, 44, 914, 983, 1010
2092
INDEX
w
WSB Radio; commend for circus at Central State Hospital, SR 92 ..__..__.,,. 800 Walker County City Court; change name, 342 ___---- ---246, 258, 301, 1196, 1225 Walker County City Court; judge and solicitor,
compensation, HB 552 --______.----------570, 579, 619, 738, 814, 844, 871, 927 Walker County; commissioner, use of automobile,
HB 982 --_--.-.__---._.----------------1488, 1499, 1577, 1804, 1887, 2015 Walker County; ordinary, qualifications, HB 417 ------304, 306, 327, 605, 634 Walker County; sheriff purchase supplies and equipment,
HB 625 __-__-____-._..____-__-___.-.-__--------------------721, 728, 803, 1196, 1227 Wall, Donald L.; compensate, HR 235----__________..... 1088, 1094, 1165, 1319, 1400
Walnut Grove, Town of; new charter, HB 222 ____.....----240, 251, 296, 328, 359 Walton County; commissioners, compensation,
HB 54 ---_.___--___-__---..____ --_____-_----------____..------..._.._100, 102, 124, 143, 167
Walton County Education Board; election of members, HB 55 -.______----__.._.-.----_----____.-----------------------100, 102, 124, 143, 167
Walton County; revenue for courts, HB 27 ------_----_____________78, 82, 105, 143, 164 Walton County; sheriff, compensation, HB 40 .....-.---.__..._79, 83, 106, 143, 165 Walton County; superior court clerk, ordinary,
compensation, HB 41 ----.--------..___......__________--------79, 83, 106, 143, 166 Walton County; tax commissioner; compensation,
HB 42 ______________--------___-...____-_---___--------------------79, 83, 106, 143, 166 Warner Robins, City of; council-manager form of government,
HB 885 ----_--..-----------------------------.1210, 1218, 1317, 1369, 1455
Warner Robins, City of; extend corporate limits,
HB 965 ----.__,,_........_.__..___--------------.----.1423, 1429, 1504, 1557, 1597, 1755
Warner Robins, City of; mayor and councilmen, compensation,
HB 967 ---------------------- --____----_----------1424, 1429, 1504, 1557, 1598
Warren County High School Football Team; commend, SR 172 ------------ _ 2010
Warren County Small Claims Court; create, HB 840 ----------1155, 1160, 1221,
1369, 1453
War Veterans Home, State; admission to, HB 334 ..............--------722, 727, 802
Washington County; commissioners, expense allowance,
HB 681 -----...-_--__--.._------,.-_--__.--_----849, 862, 896, 1196, 1229
Water Resources; create Certified Water & Wastewater
Treatment Plant Operators Board, HB 279 ........ 1156, 1159, 1221, 1366, 1852
Water Resources Department, State; create, SB 201 _______.542, 583, 680, 754, 843
Watkins, Miss Stephanie Lynn; commend, SR 112
_.......................1103
Waycross Judicial Circuit; oppose passage of bill, SR 165 ------------ -1757
Wayne County Hospital Authority; members, appointment,
HB 845 --_--------.-_---------------........1155, 1161, 1222, 1804, 1876, 2014
Wayne County; sheriff and superior court clerk, compensation, HB 872 --------------------__------_----_---_--.-_------_.1306, 1311, 1362
Wayne County; sheriff and superior court clerk, compensation, HB 976 -- -----..---_1487, 1498, 1576, 1804, 1885
Waynesboro City Court; stenographer, salary, HB 305 _____ 243, 254, 298, 605, 630
Waynesboro, City of; councilmen, election, HB 876 --------------....1210, 1217, 1316
Webb, Honorable James L.; commend, SR 162 ------------_______________________ ..---1737
Welcome Centers; funds, HB 532 --------____________....1465, 1467, 1505, 1554, 1603
Welcome Centers; maintained by Industry and Trade Department, SB 231---..----------_---......--.._.----.....--726, 801, 1322, 1376, 1484, 2019, 2023
Wells, Artesian; tapping requirements, HB 23 _-------- 240, 250, 295, 551, 599
Wesberry, Dr. James Pickett; commend, SR 87 ____.--_--------------_--....--_ _--800
INDEX
2093
Western Judicial Circuit; operation of district attorney's office, HB 38 -.__----------------....---------------..78, 82, 105, 143, 165
White County; ordinary, salary, SB 258 -----------1037, 1095, 1196, 1225, 1344, 1559, 2026
Whitfield County; employees, commissioners' relatives, HB 283 -.....--.---_-_.-------------------------------664, 670, 732, 898, 950
Whitfield County; metropolitan government study commission, create, HB 516 ......._--_--.--__--.._..__.._------------568, 577, 617, 738, 811
Whitfield County; urge federal government release certain property, HE 272 --------------------..------.________ 1307, 1313, 1363, 1481, 1537
Whitfield County; water, sewerage, garbage districts, create, HB 517 .------.----..---------------------------------568, 577, 617, 1480, 1508
Wife's Separate Estate; limitations, HB 89 -------- - 340, 345, 395, 867, 1015 Wilcox County; sheriff, expense allowance, HB 685 ---- 849, 862, 896, 1368, 1444 Wilkes County Small Claims Court; create, SB 267 -----1089, 1161, 1196, 1225,
1344, 1490, 2026 Wilkes County; superior court clerk, compensation,
SB 255 --------._______996, 1043, 1099, 1167, 1302, 1490, 2025 Wilkinson County; commissioners, terms, HB 678 --------.849, 861, 895, 1031, 1065 Williams, Mrs. Melba; elected to State Election Board ------------------~------11 Williams, Mr. Paul; compensate, HR 247 ------------..1377, 1378, 1418, 1431, 1549 Wine Tax; increase, HB 104 ---------- 571, 574, 614, 914, 1017, 1089, 1105, 1122,
1129, 1237, 1284, 1297, 1323, 1569, 1613 Withholding Tax; time for employer payment to Commissioner,
HB 864 ----------------__,,_ -----------------------_-------1560, 1564, 1582, 1744 Workmen's Compensation Board; testimony by depositions,
HB 852 _--------__----------------------_.......__..1466, 1468, 1505, 1803, 1980
Y
Young Republicans; Terry Moshier, remarks _..----.--.--.------...__.._....--_..----.313 Youth, Disadvantaged; committee to study problems, SR 156 ------.........-...-1689
Zoo, Atlanta; admission fee, HB 630 _--------------1722, 1724, 1743, 1905, 1963
2094
INDEX
PART II
SENATE BILLS AND RESOLUTIONS
SB 1--Health Code, Georgia; hospitalization procedures, mentally ill _-___--_..-_--------------------__----26, 43, 587, 766, 823, 880
SB 2--Lookout Mountain Judicial Circuit; court terms _____.___._______________________-._..___.__________...26, 43, 47, 55, 56, 133, 145
SB 3--Grants to Cities, Counties; distribution of __.____-_--_.----_--__._.__ 27, 44 SB 4--Teachers' Retirement System; investment of funds --.,,_.__.... 27, 44 SB 5--Employees' Retirement System; investment of assets .__----____ 27, 44 SB 6--Employees' Retirement System; federal employment _--_..________. 27, 44 SB 7--Marriage Licenses; consent for pregnant females ____,,___---42, 53, 107,
126, 144 SB 8--Civil Practice Act, Georgia; minor, service of
summons __,,._--------------------______..42, 47, 53, 87, 114, 175, 191, 2025 SB 9--Superior Court Judges Emeritus; widows'
benefits ___________________________________________42. 53, 214, 231, 272 SB 10--Trials; criminal cases, date of arraignment -----42, 53, 1389, 1405 SB 11--Adoption; rights between child and natural
parent __,,,,------.__._,,_..___________._ 42, 47, 54, 88, 114, 281, 335, 2025 SB 12--Solicitors and Trial Judges; retirement fund, allow
law practice __._____________._________..._______________._________42, 54, 162, 187, 207 SB 13--Minimum Foundation Program of Education; teacher
allotment __.________.__.--------------__.__,,.___---- __________43, 54, 75, 96, 97 SB 14--Garnishment; exempt all salaries -------------49, 72, 1031, 1067, 1151 SB 15--Civil Cases; money damages, provide which court ___--_-------- 50, 72 SB 16--District Attorney; change name from solicitor
general --------____-___.___.___--------50, 72, 107, 127, 144, 193, 205, 2026 SB 17--Holidays, Legal; change time for observing --------50, 72, 75, 96, 97,
153, 170 SB 18--Uniform Consumer Credit Code; create ----50, 73, 330, 381, 401, 588 SB 19--Macon, City of; firemen, policemen, pensions _____--50, 73, 143, 162, 190 SB 20--Teachers' Retirement System; credit, certain
cases _______.------------..-------- 51, 73, 914, 980, 1032, 2019, 2022 SB 21--Public Schools; authorize silent prayer _._.____51, 73, 125, 145, 170, 1708,
1816, 2020, 2022 SB 22--Budget Report; working reserve funds ________________61, 73, 107, 127, 144 SB 23--Tenure Law; personnel of public schools _______________70, 84, 679, 739, 794 SB 24--Insurance Contracts; reimbursements ----------___________..___..__.._.70, 84 SB 25--Insurance; renewal license examination not
required __,,_____.____-___70, 84, 125, 145, 170, 1753, 2026 SB 26--Justices, Supreme and Appeals Courts; salaries ________70, 84, 126, 146,
150, 373, 509 SB 27--Chatham County; officers, election of --___._____--71, 84, 143, 163, 191 SB 28--Legislative Retirement System; repeal ___.__------__.----___71, 84, 214 SB 29--Georgia Historical Commission; secretary,
salary __.._________------------------_______._____----,,_,,.__------ 71, 85, 1103 SB 30--Insurance; commissioner impose fines in lieu of
revocation of certificates ---_____________________79, 103, 125, 147, 170 SB 31--Insurance Adjuster; define terms _,,_.-------- .__.- 80, 103, 125, 148, 170 SB 32--Insurance; change provisions for revocation of
certificates ___________.......__..__.__________ 80, 103, 125, 148, 170, 1213, 1332, 2026 SB 33--Insurance; licenses, fines in lieu of suspension ___80, 104, 125, 148, 170 SB 34--First Offenders; amnesty ________________________________________.__.__.80. 104
INDEX
2095
SB 35--Fulton County; employees' pensions ..-._-__..__80, 104, 1196, 1223, 1343,
2020, 2022 SB 36--Housing and Redevelopment Authority; City of
Atlanta _.___...,,-------------------__--.--.------. 81, 104 SB 37--Elections; candidates, time to qualify _,,______________.______.._____.81, 104
SB 38--Fulton County; criminal court, judges' salaries ____.____._._.__._.._.._..__._.81, 104, 1030, 1049, 1151, 1916, 1958, 2022
SB 39--Fulton County; solicitor, criminal court, pension plan ___.__.--. --- ------ 81, 104, 1030, 1050, 1151
SB 40--Employees' Retirement System; prior service ,,------------_101, 123 SB 41--Insurance Code; amend relating to hospital
care __........_....__._._---101, 123, 1194, 1234, 1302, 1835, 1844, 1904, 1955, 1958, 2000, 2020, 2021
SB 42--DeKalb County; board of elections and registrations, create -------- _----__,,.--_____________________,,--__-- 101, 123
SB 43--Atlanta, City of; pension credit for State employment ..-......-..-...--...-.___,,.________-_----__.___.-__.._-.-..........._________..101, 123
SB 44--Fulton County Civil Court; judges' compensation.._.....101, 123, 1030,
1049, 1151, 2017, 2022 SB 45--Legislative Retirement System; provisions not
apply after Jan. 1, 1969 ------------------------..------116, 137
SB 46--Secretary of State; compensation and allowances ---._..___..116, 137 SB 47--Legislative Retirement System; redefine
"staff members" ------------------------------------116, 137, 214 SB 48--Insurance; licenses of agents, expiration of ........_----------116, 137 SB 49--Real Estate Brokers; licenses, expiration of __..__.._...__------116, 138 SB 50--Banks; reserves invested ___.............117, 138, 161, 188, 207, 1212, 1889 SB 51--Holidays, Legal; time for observing ............117, 138, 227, 273, 301,
2019, 2026 SB 52--Insurance Code; change "state" to
"jurisdiction" _--------------------117, 138, 186, 203, 220, 1753, 2026
SB 53--Atlanta, City of; firemen, pension eligibility......--117, 138, 897, 942, 1032, 1154, 2026
SB 54--Sheriffs' Retirement Fund; eligibility, new sheriffs ----------------------__----117, 138, 622, 681, 766, 2019, 2026
SB 55--Fulton County Teachers' Retirement; dependent
benefits ._...__--------------117, 139, 214, 738, 805, 880, 1903, 2026 SB 56--Trial Judges and Solicitors Retirement Fund;
court reporters eligible --___------------__......___.....____._-------118, 139 SB 57--Atlanta, City of; police pensions ...._----------------------118, 139
SB 58--Employees' Retirement System; prior service
credit
-----------------------------__....118, 139
SB 59--Fulton County Employees; pension payments ....--.------------118, 139
SB 60--Employees' Retirement System; prior service credit,
armed forces ----------------,,__.___..118, 139, 1222, 1327, 1343
SB 61--Richmond County; city court solicitor, pension ....__119, 140, 1030,
1050, 1151, 1707, 1731, 2024 SB 62--Trial Judges and Solicitors Retirement; exempt
certain solicitors ------------------119, 140, 914, 1336, 1419, 1902, 2026
SB 63--Union City; mayor and council, compensation _______119, 140, 328, 356,
509, 924, 2025 SB 64--Georgia Industrial Loan Act; program of consumer
information --..--_-------_--_ ... .--------119, 140, 551
SB 65--Legislative Retirement System; twenty years' service, eligible age 65 ----------------119, 140, 622, 683, 700, 718, 842
SB 66--Fulton County; sheriff, compensation --------120, 140, 897, 944, 1032
2096
INDEX
SB 67--Cosmetology; qualifications of applicants __--_.._----_--___. 120, 141
SB 68--State Officials; compensation of certain
constitutional officers -..----.__.--_----.--------__----_____120, 141, 1383
SB 69--Employees' Retirement System; superior court
judges continue membership __----____________120, 141, 622, 688, 766
SB 70--Chattahoochee Judicial Circuit; solicitor general,
compensation --__--__----_______ 120, 141, 143, 163, 191, 668, 764, 1419
SB 71--Teachers' Retirement System; post-retirement benefit
changes ._-___....__..----_--______.--_--___------_--._______------__,,_,,_ 121, 141
SB 72--Criminal Code; amendments to ___.__134, 159, 1031, 1123, 1205
SB 73--Railroad Corporation; provide number of
directors .____-
_____ 134, 159, 207, 215, 238, 1212, 2026
SB 74--Superior Court Clerks; revise fees ___.....__.______.._134, 159, 552, 692, 766
SB 75--Bibb County Education Board and Orphanage; employees
not have other employment _____................___134, 159, 228, 261, 301, 1617,
1997, 2026
SB 76--Fulton County; employees' pensions ----_--------------__._--.--122, 141
SB 77--Atlanta, City of; criminal court, salaries of
assistant solicitors general _________ 122, 142, 604, 622, 688, 1154, 2022
SB 78--Fulton County; teachers' retirement, prior service
credit _______._----_______________----____--.122, 142, 604, 623, 688, 1155, 2026
SB 79--Fulton County; sheriff, compensation ............... 122, 142, 604, 623, 688,
1424, 1566
SB 80--Atlanta, City of; policemen, pensions __.._____130, 142, 897, 944, 1032,
1155, 2022
SB 81--Sunday Business Activities; prohibit, provide for
exceptions ----__.__...._...--____------___----___________134, 159, 551, 594, 609
SB 82--Fluoridation; public water supplies, certain
cities .________.__._------____________________ 154, 181, 841, 1013, 1028, 1033
SB 83--Probation Act; change designation of certain
officers _________-__--__-____.----------______----__._. 154, 182, 207, 216, 238
SB 84--Teacher Tenure; local school systems, provide ....._--___.. 154, 182, 330
SB 85--Highway Projects; Highway Department regulate
installation of public utilities .--...............154, 182, 677, 744, 842, 1721,
1799, 2023
SB 86--Eminent Domain; amounts condemnees may draw on
appeal to higher court ______________--_._ 154, 182, 229, 273, 332, 380
SB 87--Public Utilities; permits to use roads on State Highway
systems --_--__--_-_.._--_----_--_----..--____--______________________.._____--___155, 182
SB 88--Highway Department Contracts; periods of limitation of
actions
__----____.__-_____ 155, 182, 229, 274, 301
SB 89--Public Safety Department; require two members in each
car after dark ............--._..__...._...._..._..----___----_._.._..--_______ 155, 183
SB 90--Scenic Rivers System; designate certain
rivers ----___--_--_ 155, 183, 227, 314, 336, 1903, 1955, 2023
SB 91--Pharmacists; grounds for revocation of licenses __.--__ 155, 183, 312,
334, 380, 1688, 2023
SB 92--Driving Under Influence; percentage of alcoholic
content found in blood ........----------._--------__ 176, 197, 261, 315, 336
SB 93--Interstate Compact on Juveniles; Georgia be a
party to _.___--..---__..__------------_.----__-176, 197, 941, 1329, 1419
SB 94--Stepparents; liable for support of minor stepchildren .....__.176, 197, 678, 746
SB 95--Family and Children Services Department; reimburse county employees for expenses __.___._..----176, 197, 312, 334, 380, 1687, 2023
INDEX
2097
SB 96--Children and Youth Division; provide emergency medical and
hospital services for minors ----177, 198, 551, 603, 660, 1617, 1856, 2023
SB 97--Savannah, Municipal Court of; revise all laws
relating to ---- .
177, 198, 228, 261, 302, 1559, 1606, 2024
SB 98--Jury Duty; compensation by employer --------------------------177, 198
SB 99--Atlanta Criminal Court; filling of vacancies ------ 177, 198, 897, 945, 1032, 1616, 2023
SB 100--Pulton County Civil Court; filling of vacancies----177, 198, 897, 945, 1032, 1617, 2024
SB 101--DeKalb County; commissioners, election ------178, 198, 228, 262, 302
SB 102--DeKalb County Education Board; election of members ------------....--------_......_....___...........__....178, 199, 228, 262, 302
SB 103--Garbage Disposal; counties grant franchise--------_-...---_----..-178, 199 SB 104--Counties; purchase motor vehicles through State.------ 178, 199, 230
274, 302, 1709,1814,1829, 1832, 1904, 1972, 2021, 2023
SB 105--Unemployment Compensation; week waiting period ----.178, 199, 551 SB 106--Driver's License, Temporary; provide when license lost.-- 194, 211,
230, 275, 302, 1720, 2023 SB 107--State Militia; active duty ----------------.-194, 211, 354, 537, 563 SB 108--State Income Tax; military officers'
exemption ----..----_----------._._._---------194, 211, 227, 275, 302 SB 109--Disabled Veterans; married minors, contracts
binding .----------.------------.___-------------- 194, 211, 1389, 1402, 1484 SB 110--Georgia War Veterans Home; Veterans Board admit,
discharge _---------- _-------- .------194, 211, 354, 503, 538, 1212, 2023 SB 111--Veterans Service Department; purchase ambulance----------. 195, 212,
354, 504, 538, 1213, 2023
SB 112--Rabun County; Board of Commissioners, create -- _____-_.-__----.195, 212, 228, 262, 302, 371, 380
SB 113--Flue-cured Tobacco; change rate of warehouse sales --------.. 195, 212, 561, 590, 660, 1687, 2023
SB 114--Tax Assessors, Counties; powers and duties ----.--------195, 212, 562, 597, 660, 1212, 1337, 2023
SB 115--Credit Cards; illegal use------.195, 212, 765, 824, 842, 1353, 1373, 1685 SB 116--Blind Operated Vending Stands; define terms --...--. 209, 226, 355,
505, 538, 1722, 1757, 2023 SB 117--Evans County; ordinary, monthly allowance --------209, 226, 328, 356,
509, 1086, 1485 SB 118--Atlanta, City of; schools close election days ----.------------ 210, 226 SB 119--Public Buildings; accessible to physically handicapped ----.223, 258 SB 120--Development Authorities; create in cities and counties ------223, 258,
551, 748, 842, 1688, 1738 SB 121--Interest Rates; increase on real estate loans.-------- 224, 258, 260, 313
314, 538, 556, 559, 565, 607 SB 122--Automobile License Tags; credit on second purchase--------224, 258,
400, 535, 553
SB 123--Trials; joint if two or more under same indictment------246, 292, 552
SB 124--Lawrenceville, City of; mayor and council, election ----------------_..----------..----246, 292, 328, 356, 509, 1210, 2023
SB 125--Guardian; spouse given priority ----------------246, 292, 552, 595, 660, 1674, 1702, 2023
SB 126--State Employees; insurance coverage ----------.246, 292, 562, 598, 660, 1834, 1837, 1859, 1899, 2023
SB 127--Administrative Procedure Act; probation rules come
within ___.___....._--_.____247, 292, 355, 505, 538, 1207, 2024
2098
INDEX
SB 128--Administrative Procedure Act; pardon and parole board rules come within _____________________ 247, 292, 355, 506, 538, 1836, 2000, 2023
SB 129--Rabun County; establish law library________________________247, 293, 1389, 1406,
1484, 1619, 2023 SB 130--Administrative Procedure Act; correction rules
come within __________________________________________ 247, 293, 355, 506, 538, 1207, 2024
SB 131--Hourly Laborers; paid within three days upon dismissal _______ 248, 293,
330, 375, 509 SB 132--Employment of Juveniles; prohibit soliciting^ 248, 293, 330, 376, 509 SB 133--Atlanta Municipal Court; judges, filling of vacancies_____ 248, 293, 898,
946, 1032, 2019, 2024 SB 134--Alcoholic Beverage Sales; restrict number of retail
licenses __.-_-_-_--_--_,,-_______.248, 293, 331, 372, 1104, 14066
SB 135--Commercial Gambling; penalty for conviction ________________.______.248, 294 SB 136--Felony Cases; jury consider record _____________285, 306, 678, 749, 843,
1238, 1271, 1493, 2023 SB 137--Criminal Cases; compensation of peace officers __---________________.285, 306 SB 138--DeKalb County; abolish certain county offices ________________________285, 307 SB 139--DeKalb County; create office of court commissioner _______________286, 307 SB 140--Grants to Cities; population figures used _______.___.________________286. 307 SB 141--Fertilizer; eliminate registering brand and grade____________286, 307, 561,
595, 660 SB 142--Richmond County; assistant solicitor general _______________.286, 307, 1367,
1434, 1566, 2017, 2024 SB 143--Augusta Judicial Circuit; district attorney,
salary _..__-_____.________._286, 307, 1367, 1435, 1566, 1916, 1961, 2024 SB 144--Augusta Judicial Circuit; assistant solicitor general,
compensation _____________________________ 286, 307, 1367, 1436, 1566, 2017, 2024
SB 145--Corrections Board; money to released prisoners_______________ 287, 308, 525, 553, 607,1207, 1323, 2024
SB 146--Historical Commission; appoint State Archaeologist _____.287, 308, 399, 526, 563, 1753, 1828, 2024
SB 147--Public Buildings; accessible to physically handicapped _________.__287, 308 SB 148--State Prisoners; change limits of confinement_____________287, 308, 525,
555, 607, 1207, 2024 SB 149--Children and Youth Division; imprisonment of children under
17__--____-.287, 308, 525, 554, 607, 1213, 1324, 1466, 1606, 1707, 1838, 1977, 2024
SB 150--Construction Contracts, Counties; change bond requirements ___________________ _.______305, 326, 1321, 1370, 1484, 1756, 2024
SB 151--Divorce; prohibit rule nisi ___,,___________________.321, 349, 867 SB 152--Divorce Court Costs; paid by party at fault _____________321, 350, 867 SB 153--Divorce; by mutual consent __________________________________________321, 350, 867 SB 154--Claxton City Court; solicitor, compensation ____________321, 350, 604, 624,
688, 1087, 1485 SB 155--Banks; loan limits, exemptions _________________________._.321, 350, 622, 700, 766,
1687, 2023 SB 156--Banks; determination of final payment, certain item________322, 350, 866,
875, 880, 902, 989, 1687, 2023 SB 157--Banks; increase in certain common stock __________________322, 350, 562, 602,
660, 1687, 2023 SB 158--Pornographic Material; prohibit sale to minors _______________________322, 350 SB 159--Jury Clerks, Commissioners; compensation for revising lists____322, 351 SB 160--Grants to Cities; define "population"____________.___322, 351, 355, 503, 510,
1202,1302 SB 161--Grants to Cities; provide for special census____322, 351, 355, 1201, 1302
INDEX
2099
SB 162--Atlanta Rapid Transit; relating to contracts __________323, 351, 604, 624,
660, 1688, 2024 SB 163--Educational Improvement Council; abolish _______________________ 323, 351, 562
SB 164--Marriage Licenses; additional copies of application _____ 342, 392, 680,
751, 843, 1834, 2024 SB 165--Ad Valorem Tax; valuation, failure to return _________ 342, 392, 677, 752,
843, 1618, 1810, 2024
SB 166--Petroleum Bulk Storage; measuring meters, calibration______ 342, 393,
678, 747, 843
SB 167--Pardons and Paroles Board; chairman control
administration ___________._____________________________,,_,,_________________,,__ 342, 393
SB 168--Pardons and Paroles Board; decisions in writing ______________________342, 393
SB 169--Pardons and Paroles Board; hearings in certain cases ________ ___343, 393
SB 170--Pardons and Paroles Board; suspension of members ___________ 343, 393
SB 171--Criminal Cases; credit for custody time ___.______._____343, 393, 1383, 1462,
1566, 1859, 2024
SB 172--Prisoners; segregated, certain categories ___.________,,____________________343, 394
SB 173--Prisoners; social visits
_ _._ __..._ _ 344, 394, 525, 555, 607
SB 174--Prisoners; court orders for trials __344, 394, 525, 556, 607, 1208, 2024
SB 175--Prisoners as Witnesses; court order __----__________-_____344, 394, 525, 556,
607, 1208, 2024 SB 176--Alpharetta, City of; corporate limits ........................344, 394, 604, 625,
688, 1424, 2024 SB 177--Fulton County; domestic employees, minimum wage ____.,,_.344, 394, 643
SB 178--Practical Nurses; citizenship not required for license __________ 386, 520,
551, 644, 688 SB 179--Minors; venereal disease treatment, parents consent not
required ____________________________________ 387, 520, 551, 644, 688, 1618, 1812, 2024
SB 180--Apartment Projects for Aged; tax exempt, certain cases _________________,,________________________________,,__._,,___ 387, 520, 866, 905, 989
SB 181--Game Promotions; forced participation by lessee unlawful __________________________________________________________ 387, 520, 551, 645, 688
SB 182--County Bond Proceeds; authorize investment of ____._._.___ 387, 520, 562,
601, 660, 1688, 2024 SB 183--Local School Boards; obtain bids on supplies ____387, 520, 679, 747, 843 SB 184--Trust Funds; investments by trustees ________ _______388, 521, 562, 601, 660,
1687, 2023 SB 185--Veterans; five points preference in civil service _,,._..__._..__..__.___.388, 521 SB 186--Property; taken without condemnation, owner's rights _____._.____388, 521 SB 187--DeKalb County; referendum for county manager __________________ 388, 521 SB 188--Guyton, City of; city officials, salaries _______________.______388, 521, 604, 625,
688, 2017, 2024 SB 189--Prison Labor; contracts with Highway Department ________,,. 389, 521,
866, 1329,1419 SB 190--Banks; conversion of certificated banks to chartered
banks _______________.__-_________.________________,,_____ 389, 522, 562, 601, 660, 1687, 2023
SB 191--Macon Judicial Circuit; superior court judges, salaries ............_..._.._...................514, 546, 604, 625, 688, 1855, 1858, 2024
SB 192--Tax Assessment Arbitration; decisions binding, certain cases ______--_-______,, _______________._.__________________515, 547, 677, 753
SB 193--Motor Vehicles, Alcohol Tax Unit; number of vehicles .._________.__________..__________.__.__515, 547, 677, 836, 880, 1753, 1811, 1977
SB 194--Banks; hold shares in certain investment companies ________________________________ 515, 547, 1104, 1185, 1205, 1688, 2023
SB 195--Employment; lie detector test requirement prohibited ________.___515, 547
2100
INDEX
SB 196--Fannin County; ordinary, compensation ___..,,_____.._,,. 515, 547, 604, 626,
688, 1352, 1811, 2024 SB 197--Fannin County; superior court clerk, compensation ____516, 547, 604,
626, 688, 1352, 1812, 2024 SB 198--Banks in Liquidation; disposal of deposits to cover
claims _-..._____._____..________._.______ 541, 582, 622, 701, 766, 1617, 1809, 2023
SB 199--Claxton City Court; judge, compensation _______,,,,___. ___..._.542, 583, 604,
626, 688, 1087, 1485 SB 200--Counties; abolish fee system, certain employees ______________542, 583, 1321 SB 201--Water Resources Department; create ______._______.642, 583, 680, 754, 843 SB 202--Banks; abolish private banks, limits on branches ___________ 542, 562, 583,
701, 719, 1374, 1484 SB 203--Atlanta, City of; hotel, motel tax ____________________________________________ 542, 583 SB 204--Atlanta-Fulton County Tax Assessors; continue assessments,
property tax --__-__------.-_--_-___..._...__._...__,,_...._____543, 583 SB 205--Fulton County; fire prevention systems ....__._____.......543, 583, 604, 627,
688,1307, 2024 SB 206--Fulton County; assessment for sewers _..__......_........543, 584, 605, 627,
688, 1211, 2024 SB 207--Minimum Foundation Program for Education; determination
of funds for pupil transportation _________________________________._.... 543, 584 SB 208--Loans; no interest limit, certain agreements ...._.__.__-___-- 543, 562, 584,
648, 662, 1345 SB 209--Alcoholic Beverages; advertised, closed circuit television _____ _573, 614 SB 210--State Employees; 26 pay periods per year _______________________ 573, 614 SB 211--Insurance Contracts; identical benefits ____________________ 573, 614 SB 212--Sales; price reduction illegal for additional sale .____-612, 675, 1321,
1371, 1480, 1532, 1684 SB 213--Baldwin County; commissioners, compensation ______612, 675, 738,
806,880,1087,2024 SB 214--Insurance Brokers; regulating business with foreign
insurors __________-._.-________.__--__._._612, 675, 805, 875, 917, 2019, 2024 SB 215--Civil Cases; trial procedure for third-party
complaints __-__..____________.__-__--___.__612, 675, 1389, 1408, 1484, 1835, 2024 SB 216--Houston County State Court; establish __.._________________688, 731, 898, 946,
1032, 1307, 2023 SB 217--Motor Vehicle Licenses, Tags; fee for transfer ______668, 731, 1482,
1525,1684 SB 218--County Tag Agents; fee for title application______669, 731, 1482,
1526,1684 SB 219--County Tag Agents; fee for tag application ___..._________.__.669, 731 SB 220--Lawrenceville; redefine city limits ____--__-______--_.__669, 731, 898, 946,
1032, 1211, 2025 SB 221--Superior Court Judges; limit compensation _.._______669, 731, 1267, 1326 SB 222--Property Insurance; available to all applicants _________669, 731, 1104,
1404,1484 SB 223--Minimum Foundation Program of Education; local funds for
Maintenance, operation ______________.__--_--______-_725, 800, 842
SB 224--Minimum Foundation Program of Education; percentage of participation, local, State ______________________________.____725, 800, 842
SB 225--Insurance on Dwellings; paid directly to contractors __._--__--.725, 800 SB 226--Foreign Merchandise in Transit; no property tax .___-_725, 800, 1081
1186,1205,1674,1851, 2023 SB 227--Deer Hunters; wear visible clothing _________.___.____.____.__.______..__725, 801 SB 228--Camden Recreation Authority; create ____.________________...______.__726, 801 SB 229--Camden Recreation Commission; create ,,_.___._________________,,.. 726, 801
INDEX
2101
SB 230--Camden County Planning Commission; create __.____--___.___.__726, 801 SB 231--Industry and Trade Department; maintain welcome
centers -.-.__...____.__.____________._______. 726, 801, 1322, 1376, 1484, 2019, 2023 SB 232--Rabun County Board of Commissioners;
create .......___._____._..,,____-____._.__..______.... 726, 801, 898, 947, 1032, 1755, 2023
SB 233--Fannin County; sheriff, compensation _________________ 797, 864, 1683, 1693, 1738, 1903, 2026
SB 234--Common Carriers; license fee reduction, certain cases _______.________..________._________________797, 864, 1081, 1186, 1302, 1711, 2025
SB 235--Superior Court Clerks; recording of real estate deeds .-------853, 888 SB 236--Pannin County; consolidate tax offices ................. 853, 888, 1030, 1051,
1151, 1756, 1896, 2026 SB 237--DeKalb County Education Board; terms of members ___._.._....__ 853, 888,
1030, 1051,1151 SB 238--Blue Ridge Parkway; Highway Department acquire
rights-of-way ____._____...___._______._._.____853, 889, 900, 982, 1032, 1688, 2026 SB 239--Effingham County; commissioners, compensation __________854, 889, 1030,
1051. 1151, 1424, 2023 SB 240--Bryan County; deputy sheriffs, compensation ____._...__....854, 889, 1030,
1052. 1151, 1424, 2023 SB 241--Guyton, Town of; change corporate limits ______._____..._.__..._854, 889, 1030,
1052, 1151, 1424, 2025 SB 242--State Projects; prevailing wage for employees ,,_._..._________.._.___..854, 889 SB 243--Race Tracks; licensing and regulating __________....854, 889, 900, 982, 989 SB 244--Buford, City of; commissioners, election _______.______885, 937, 1030, 1053,
1151, 1707, 2025 SB 245--Insurance; surplus funds borrowed by
companies _________._.....___._._.____....__885, 937, 1104, 1191, 1302, 1688, 2026 SB 246--Georgia Laws; prohibit free distribution._..... 886, 937, 1103, 1200, 1302,
2019, 2026 SB 247--Firing Ranges; local grand jury must approve .--........___.--.928, 1002 SB 248--Insurance; relating to consent of the
insured .__...._.___..........___............-.._......-.._...........928, 1003, 1384, 1405, 1484 SB 249--Fulton County Ordinary Court Judge;
compensation _______._.__............___.................._ 928, 1003, 1196, 1224, 1344 SB 250--Eviction Proceedings; tenant's right of possession .__--____.928, 1003,
1389, 1457, 1484 SB 251--Atlanta, City of; police drivers exempt from tort
liability ._..._....._..........._......._....._.._.__-......_.-._.....__._._._._............929, 1003 SB 252--Fulton County Juvenile Court Judge;
compensation ________________.___.___......__929, 1003, 1196, 1224, 1344, 2018, 2023 SB 253--Attorneys; admission to bar, educational requirements ....--._996, 1042 SB 254--Non-Residents Transacting Business in State;
define term _________..__._________._...-..--.-_._-.......-................._.................__ 996, 1042 SB 255--Wilkes County; superior court clerk,
compensation ___.___....______._......996, 1043, 1099, 1167, 1302, 1490, 2025 SB 256--Georgia Motorboat Numbering Act; amend relating to
license fees __.__..-._........-.__._,,_..__._--___.._.__...... ...996, 1043, 1195, 1284 SB 257--Insurance, Group Life; coverage on death of spouse or
child ___...._._..........-__-_..___-----_-997, 1043, 1194, 1277, 1302, 1720, 2026 SB 258--White County; ordinary, salary ......1037, 1095, 1196, 1225, 1344, 1559,
2026 SB 259--Fannin County Commissioners; create __..1038, 1095, 1556, 1583, 1684,
1903, 1974, 2026 SB 260--North Georgia Mountains Authority; create ._....._...__--.1038, 1095 SB 261--Poultry Hatchery Operators; registration ___.._...._______.._.._.______..1038, 1095
2102
INDEX
SB 262--Malt Beverages; possession in dry counties _________1038, 1080, 1095
SB 263--Institute for Research in Bio-Technology; create .__.__. 1038, 1096, 1322, 1463, 1566, 1835, 2026
SB 264--Georgia Human Development Commission; create _________.______1038, 1096
SB 265--Surplus Property; transfer to agency for surplus property ____________-.-_._---___-__-_-_-____-_.______________-__________________.___.._____1039, 1096
SB 266--Georgia Art Commission; members' expenses _____._______1039, 1096, 1322
SB 267--Wilkes County Small Claims Court; create _______.___.___.____.___________________1089, 1161, 1196, 1225, 1344, 1490, 2026
SB 268--Applied Psychology; practice of, change definition _______________________________________________________ 1090, 1161, 1366, 1409, 1484
SB 269--Tift County Development Authority; increase bond interest rate _._._._._______._____._____.___.1157, 1219, 1367, 1436, 1566, 2018, 2025
SB 270--Rabun County; sheriff, compensation ..._.___1157, 1219, 1368, 1436, 1566, 2018, 2025
SB 271--State Employees; public funds for education _______.___.__________..1157, 1219
SB 272--Traffic Violations; point system _______.__.1157, 1219, 1365, 1464, 1566
SB 273--Game and Fish Commission; supervise Council for Preservation of Natural Areas __.___----________________________1158, 1219
SB 274--Ambulance Service; Health Department license _____________1158, 1219
SB 275--Education Department; expend funds to teach deaf, speech-handicapped children ______-____.1158, 1220, 1366, 1409, 1484, 1902, 2025
SB 276--Driver's License; honorary to spouse of disabled veterans _----_-____._______.____-_-____-__.__..__.____.1158, 1220, 1365, 1404, 1484
SB 277--Archives Department; methods of preserving records ._-.__...__.___.____________._____-_1214, 1314, 1322, 1409, 1484, 1834, 2025
SB 278--Railroad Crossings; designate unsafe, certain cases _________.._.1308, 1359
SB 279--Georgia Securities Act; registration exemption, certain transactions ______..___._._____.________1309, 1360, 1483, 1523, 1684, 1756, 2023
SB 280--Marshlands; written notice before dredging, filling or draining ____________________________________ __,,_____________________._____________1309, 1360
SB 281--Accountancy Board; members succeed themselves __..-1355, 1430, 1483, 1521,1566,1709,1821,1859,1969,1974, 1993
SB 282--Capital Punishment; abolish death penalty __________ __1355, 1430, 1481
SB 283--Fulton County Superior Court Judges; compensation _________________________,,___ ,,_________--____1356, 1430, 1556, 1585, 1684
SB 284--Helen, City of; new charter ________________.___1426, 1501, 1556, 1585, 1685, 2018, 2025
SB 285--Public Buildings; unlawful to block entrance, exit ___.__-_-___...-_.____-____..____...__.----__________1356, 1382, 1430, 1482
SB 286--Freedom vs. Communism; taught in high schools ___-----._____,,________________________1426, 1483, 1501
SB 287--Claims Advisory Board; State agencies file notice of possibility of claim _ ____________________________ .___..________.__________1493, 1573
SB 288--Atlanta, City of; regulate Sunday sales on premises __-_____-_______-________-__________-_-________-__._____1521, 1573, 1680
SB 289--Retirement Legislation; reviewed for actuarial soundness _________________________________________________________.__1741, 1893
SB 290--State Income Tax; exempt certain retirement income ______________1893
INDEX
2103
SENATE RESOLUTIONS
SR 1--Notify House that Senate has convened ------------------------.____9, 20 SR 2--Senate Rules; adopt --------__----__...._._.._...___._______----------.9 SR 3--Senate; officials, employees and committees -----.,,.__--____________ 9 SR 4--Moore, Albert F.; regrets at passing ------------------------._---- 19 SR 5--Elections; residence requirements _____________27, 44, 914, 983, 1010 SR 6--Ad Valorem Tax; limit maximum amount _____________----.43, 54
SR 7--Constitution; change method of amending _________43, 47, 54, 108, 114 SR 8--Constitution; revise Judiciary and Attorney General ________51, 73, 1389
SR 9--Constitution; provisions relating to appropriations _---------- 51, 74
SR 10--Constitution Revision Commission; create ________48, 51, 74, 113, 128, 144,
1619, 1630, 2025
SR 11--Staples, Honorable Earl; regrets at passing ------------._--------53
SR 12--Blanchard, James Walter; regrets at passing _--------_--__----..55
SR 13--Authorities; allow State to abolish and to incur
indebtedness __________ ________--___--__--.____--_-------- _--------___,,----_71, 85
SR 14--Interstate Highways; urge Congress include military
installations __-__------_--------------.81, 105, 144, 170, 190, 1307, 2025
SR 15--Printing Agency Study Committee;
create ___________ ____________._._.... 81, 105, 230, 231, 1753, 2025
SR 16--Mayors Day; commend municipal officials _____________________ ___,,___ -- 85
SR 17--Ad Valorem Tax; exempt personal property in transit,
certain cases ._._--__________--__--__----------..--_______------__------__102, 123
SR 18--Georgia Peace Officers Day; Jan. 21, 1969 --------------------------108
SR 19--Jackson, Lt. Col. Joe M.; commend ----.--------__--------------------113
SR 20--Pless, Major Stephen W.; commend ----.______-------_____..113
SR 21--King, Martin Luther, Jr.; Jan. 15, state
holiday _
__--------_----__.288, 309, 1389, 1410
SR 22--Teachers' Retirement System; increase benefits ----.__----.121, 142
SR 23--Senate, President Pro Tern; receive gift _----------,,----.----_____ 123
SR 24--Scarborough, Kristina Marie; commend ----------------------------144
SR 25--Senate Assistant Administration Floor Leader;
amend SR 3 relating to -------------------------- 155, 183, 230, 231
SR 26--State Nurses Association; commend ----------------.--------------_ 153
SR 27--Harrison, Dr. Edwin Davis; commend ----------------------_---- 169
SR 28--Tyus, Miss Wyomia; congratulate ----------_------------ __________________ _169
SR 29--University of Georgia; commend football team ------...____190, 207, 284
SR 30--Blackburn, Hon. Ben B.; address Senate ----.----___------------------190
SR 31--Fort Stewart-Hunter Air Field; urge Congress connect by
interstate highway --.___------------__--______----_------__190, 207, 1307
SR 32--Harvey, Hon. David; commend ---- __------_________________________________ 190
SR 33--Starnes, Hon. Richard Lee, Jr.; commend --------------__--------___190
SR 34--Oglethorpe County Football Team; commend _--------------_.202
SR 35--DeKalb County; police perform sheriff's duties ___________.196, 212, 229,
276, 302 SR 36--Agriculture and Natural Resources Committee; function
after adjournment ____._._--....-__--------------_--_--------_--------196, 213 SR 37--Providence Canyon Study Committee;
create _____----__--------...--------_______.196, 213, 331, 377, 509, 1753, 2025 SR 38--Forest Park High School Football Team; commend--------------_ 202
SR 39--Forest Park High School Football Coach; commend ----------------202
SR 40--Athens High Football Team; commend --.------ .___------------ 202
SR 41--Davis, Charles E.; commend ------------------________--------.-------- 206
SR 42--Governor; succeed himself ......----------_------._..--.--------...._________210, 226
2104
INDEX
SR 43--Veto by Governor; change procedure for overriding ,,._,,__.___.________._______.______________.________ 210, 226, 914, 1116, 1205
SR 44--Janitorial Supplies Study Committee; create _________________________ 210
SR 45--Skinner, Miss Stephanie; commend _______________________________________ 214 SR 46--Senate Interim Pay; 1969 session, amend SR 3 _______________ 210, 230, 231 SR 47--Vickers, Joey; award at Joint Session __________.________________,,______ 231, 284 SR 48--Vickers, Joey; commend -____--__---________________ ________________ 220
SR 49--State Employees; covered under minimum wage ___________________ 224, 258
SR 50--Habitual Offenders Study Committee; create -_,,________________249 SR 51--Constitution; authority to counties to regulate
salaries, pensions _____________________--.__-____________________249, 294, 329, 907
SR 52--Constitution; amend Constitution to authorize regulation of salaries, pensions ___---_.-__.__________--___________________________ 249, 294, 329
SR 53--Ad Valorem Taxes; exempt persons 65 or older ___________ 249, 294, 561,
659, 756, 1320, 1379, 1419 SR 54--Atlanta; Highway Department schedule repairs at
certain times of day .___.__.._.....__,,__._--_.__ _ 249, 294, 561, 702
SR 55--Television Networks; inform viewers of certain programs in advance ....--.______._...__----.____--_____________ 250, 295, 399, 534
SR 56--Jackson, Graham; wishing a speedy recovery ______________________________.278
SR 57--South Habersham Football Team; commend _--_____.._____-.-.....-...278 SR 58--Reynolds, Charles W.; appreciation for coffee ____________________..__________278 SR 59--"General" Locomotive; place in museum in Atlanta __--_--_ 250, 295 SR 60--Foreign Trade Zone; establish at Port of Savannah __-.305, 326,
679, 757 SR 61--Davis, Mrs. Vivian Hawking; regrets at passing ________________________-336 SR 62--Old Timers' Day; Governor designate ___________323, 351, 399, 535, 563 SR 63--Browne, Frederick Douglass, Jr.; commend ,,___--__,,_,,...__. __________-400
SR 64--Gannan, Mr. and Mrs.; commend on 70 wedding anniversary ________400 SR 65--Usher, Judge J. Walton; regrets at passing ___________________________ 400 SR 66--McClure, Freeman C.; sympathy at passing ____________________________ _.___400 SR 67--Civil Aeronautics Board; request certification Atlanta air
route to Hawaii _____,,_____________________-__ 389, 522, 679, 837, 881, 1721, 2025 SR 68--DeLoach, Cartha D. "Deke"; commend ______ ______________ ______.509 SR 69--Copeland, Honorable Millard A.; regrets at passing _______________.___519
SR 70--Cleland, Captain Max; commend _-_____.____-__.___,,_.__.__________ _._527
SR 71--Alcoholic Beverages; tax from to Health Department for alcoholics ______......--.--.--__.__--__....__._----. .--____________-_-.._-_______________-_____.544, 584
SR 72--Fulton County; issue bonds without referendum___._______ 544, 584, 606,
815, 881, 1214, 2025
SR 73--Fulton County; tax on automobiles licensed in
county _.
.__._______.___________.__________-____.______544, 585, 606, 817, 881
SR 74--Constitutional Officers, Compensation; may not be
changed during term _____________________________________544, 585, 841, 872
SR 75--Retirement Systems; amend Constitution relating to -- 544, 585,
622, 703, 766
SR 76--Atlanta-Fulton County Compensation Study Committee; create ____________________ 545, 585, 900, 1030, 1054, 1617, 2025
SR 77--Public Service Commission; encourage tourism by allowing tours ____-__________,,__-----.,,___________________,,__,,____________.____545
SR 78--Outstanding Young Men in Georgia; commend _______________ _________ 559 SR 79--Historical Museum, Cyclorama; committee to study ______________ _________574 SR 80--Medal of Honor in Grove of Freedom's
Foundation _____.__._.._.,,_______.._______________.. .574, 614, 940, 1013, 1721, 2025
SR 81--Powers, Mr. Freddy; commend _____________________________.,,________________________ 643
SR 82--Formaldehyde Fumes; safety rules relating to ____-__612, 675, 1081, 1101
INDEX
2105
SR 83--Authors' Week in Georgia; designate ------ 613, 675, 867, 902, 989, 1756, 2025
SR 84--Real Estate Board; urge to recommend mortgages for retirement funds ........ 669, 732, 1104, 1187, 1302, 1975, 2008, 2025
SR 85--Senate Rules; amend relating to recording votes ._-----.-----------670
SR 86--Scholarships; to students in non-State colleges ----------------670, 732 SR 87--Wesberry, Dr. James Pickett; commend ....--------.--..--------------800 SR 88--General Assembly; adjourn Feb. 28 to Mar. 3 ------...-.686, 687, 688 SR 89--Senate Rules; amend relating to floor privileges _._--.--------797 SR 90--Homestead Exemption Study Committee; create ......----...----797, 2024 SR 91--Aid to Dependent Children; urge Congress repeal fund
freeze ......--_.--------.------ .----------...------------797, 864, 899, 985 SR 92--WSB Radio; commend for circus at Central State Hospital --.. 800 SR 93--State Employees; immunity from liability while
performing duties .------------------..----_----------.-- ----.854, 890 SR 94--DeKalb County; selecting official organ ----.855, 890, 1031, 1552, 1685 SR 95--Municipal Bonds; urge Congress to retain tax
exemption .....------------....---- 886, 938, 1483, 1523, 1685, 1834, 2025 SR 96--Bill of Rights for Senior Citizens .--..886, 938, 1010, 1101, 1205, 1835,
2024 SR 97--Poster, Mrs. Saralyn; congratulate on birthday _--------__________------ 877 SR 98--Valdosta High School Wildcats Football Team; commend -----...900 SR 99--General Assembly; adjourn Mar. 7 to Mar. 10 ---------------917, 918,
919, 928 SR 100--Melton, James; commemorate --------------------989, 1032, 2020, 2025 SR 101--Uniform Consumer Credit Code Study Committee;
create _----------------........---- 929, 1048, 1151, 1205, 1902, 1907, 2025 SR 102--Black Rock Mountain State Park; grant
easement ---------- ---- 929, 1003, 1383, 1410, 1484, 1902, 1908, 2025 SR 103--Lieutenant Governor and Governor; elect as a unit ---- -- 997, 1043 SR 104--General Assembly; parking space for
members ----------------------997, 1043, 1417, 1456, 1566, 2020, 2025 SR 105--Glenn, Miss Layona; commend ,,__._..----...--......------_~----------983 SR 106--Fallout Shelters; public buildings be so
designed .....----..----------.----. 997, 1043, 1194, 1276, 1344, 2018, 2025 SR 107--Revenue Bond Study Committee; create --------997, 1319, 1382, 1484,
2018, 2025 SR 108--Highway Department; easements in DeKalb
County ----.------..----------------...1039, 1096, 1167, 1266, 1903, 2025 SR 109--University System of Georgia Study Committee; create ----1039, 1302 SR 110--Seventh District Legislative Association Day; designate --------1100 SR 111--"Georgia"; official State song .......----------------------..... 1090, 1162 SR 112--Watkins, Miss Stephanie Lynn; commend --.--------------------1103 SR 113--Eric Staples Day; designate _--.------...............--........--.---------- 1234 SR 114--Hamilton, Mrs. Grace T.; speedy recovery ...........--------------1234 SR 115--"Respect for Law Week"; Mar. 22 through Mar. 29 ------.------1234 SR 116--Moran, Charles A., Sr.; commend ___._._......--------____.........----------1234 SR 117--Scholarship Study Committee; create --------1215, 1434, 1464, 1566,
1904, 2025 SR 118--Constitution; change meetings of General Assembly ----..-- 1215, 1314 SR 119--Junked Motor Vehicles Study Committee; create ...--.1215, 1506, 1522,
1685 SR 120--Bailey, Honorable Jackson; commend ............. ....----. .----------1273
SR 121--North Fulton Special Choir; designate official State choir ----____.---------------- ......... .__----.----------.1323, 1419
SR 122--Adjournment; March 14 to March 17 _------------..._..._...__ 1273, 1302, 1307
2106
INDEX
SR 123--Meriwether County; disposal of land ______________.________________.______.____1309, 1360, 1383, 1464, 1566, 2018, 2025
SR 124--Mark A. Smith High School Basketball Team; commend -_________1327
SR 125--Telephone Ladies; commend ____________,,________________.______________.___1369
SR 126--Prybylowski, Mr. Robert F.; commend _______________________.__.______.________1369
SR 127--Lancaster, Dr. Homer Harrison; commend ______ __-,-_---__-_______1369
SR 128--Metropolitan Atlanta Airport Study Committee; create ___________.___._______________________.________________.__________________________.1356, 1506, 1524
SR 129--Forehand, Mr. Oliver C.; urging U.S. Department of Defense to compensate ___________ _______.__________._________1356, 1416, 1430, 1522
SR 130--DeKalb County Governing Authority; local study commission __.____________________._.__._._1426, 1502, 1556, 1586, 1685, 2018, 2025
SR 131--Public Utilities and Transportation Committee; function after adjournment ______----________________________________1426
SR 132--Veterans of World War I; commend __,,-_.___.________.______________.____.___1479
SR 133--Senate Rules; amend 126, relating to committee reports _--_-____,,.---_ ________________.___________.____1426, 1506, 1520
SR 134--Educational Matters Study Committee; create ____---_-________________.1494
SR 135--Teacher Tenure Study Committee; create ________------_______________1494
SR 136--Ethics Code Study Committee; create ____________________.._____.___..___________1494
SR 137--Cherokee County High School Girls Basketball Team; congratulate __,,.__--,,___--_ ___________________ _________________________1599
SR 138--Coastal Marshlands Study Committee; create ____.__._.__1542, 1573, 1678,
1704, 1738
SR 139--Detective Agencies Study Committee; create __________________________________1569
SR 140--Teaching Americanism vs. Communism Study Committee;
create
________._____,,___._.____ _________________.__._______.__.__,,,,_-----_____--_-_--1569
SR 141--Rodgers, Franklin C. (Pepper) ; commend __._____._______-__-________--_____1630
SR 142--Tourism Study Committee; create ___________,,,,._.,, ...____.___.___._.______1570
SR 143--General Assembly; adjourn Mar. 21 to Mar. 24 _______ 1615, 1675, 1685
SR 144--Agriculture Research Laboratory, Southeastern; be named Richard B. Russell Laboratory _______________________1630
SR 145--Defense & Veterans Affairs Committee; function after adjournment __________________,,_________-__--______________________________________1570
SR 146--Alcoholism & Alcoholic Beverage Tax Study Committee; create _,,__________,,________..,,___________.__________________----__,,___-___ _____1570
SR 147--Banking Laws Study Committee; create ___.___________________.____________-___1570
SR 148--Atlanta-Fulton County Governments Study Committee; create _______,,_,,______________________.__.__,,_________.._________,,_______________________1570
SR 149--Illiteracy Study Committee; create ____________________________________1570
SR 150--Hunger and Malnutrition Study Committee; create _____.____._________!570
SR 151--Patient Pay Study Committee; create __._.__.____________________________________1571
SR 152--County and Urban Affairs Study Committee; create ____________________1571
SR 153--Central Accounting Department, State; create committee to study .__.___________._._._...__._______,,____________.__________--1571
SR 154--Smeds, Miss Julia; commend ______________________,,_,,______________--___ 1702;
SR 155--Judiciary Committee; function after adjournment _--__-_____-____.1689
SR 156--Disadvantaged Youth; committee to study problems _____._.____-----1689
INDEX
2107
SR 157--Intergovernmental Action Commission; create ,,_____,,__.___.____.____1689 SR 158--Student Loan Program; commend participants _______.____.___.__.__.1756 SR 159--Sequoyah High School Gymnastic Team; commend ___,,_..__ _________1737 SR 160--Snow, Mr. Ralph Mattox; regrets at passing ................._..........._1756 SR 161--Hart County High School Girls Basketball Team;
congratulate _.___.__.._,,_.__,,.___..____.______._._.-,,._,,..___,,_________.__.--__1737 SR 162--Webb, Honorable James L.; commend __.._____...___.____._______...______..__.__.1737 SR 163--Game and Fish Revenues Study Committee; create _______________----1742 SR 164--Couch, Dr. Solon C.; acknowledge presence ------_ _ ___-____1757 SR 165--Waycross Judicial Circuit; oppose passage of bill _______.__________1757 SR 166--Murray County High School Basketball Team; congratulate ____--1888 SR 167--American Legion; congratulate on golden anniversary --_--__------.1888 SR 168--Local Government Needs Study Committee; create ._..__.__________..1742 SR 169--Carver, Honorable Gail Luke; commend _--------------___---1889 SR 170--Seminole County High School Girls' Basketball Team;
commend _-_-_----_____--_---__----___---------_------------_.--------------1889 SR 172--Warren County High School Football Team; commend ----_.___.__ 2010 SR 173--Thomson High School Football Team; commend ___________------2010 SR 174--Retirement Committee; function after adjournment ____------____--1893 SR 175--Milk Producers Association, Georgia; commend -__------_---- 2010 SR 176--Poultry Federation, Georgia; commend ------------------------ 2010 SR 177--Eisenhower, General Dwight D.; speedy recovery ----____--------__.__ 2010 SR 178--Thrower, Randolph W.; commend __----_-----._,,._. 2010 SR 179--Aderhold, Dr. 0. C.; speedy recovery --_________----------------__ 2010 SR 180--General Assembly, Adjournment Sine Die; amend
HR 405 --.--___________----___--------_.__------------1981, 2011, 2020, 2026 SR 181--Cochran, City of; commend on 100th anniversary ___________________ 2010
2108
INDEX
PART III
HOUSE BILLS AND RESOLUTIONS
HB 1--Georgia Health Code; hospitalization procedures,
mentally ill _.____......__ 853, 855, 890, 1104, 1205, 1239, 1285, 1295, 1334,
1712, 1720
HB 2--Post Mortem Examination Act; change medical
examiners' fees _--_.____--------------------_________________49, 52, 74, 312, 334
HB 3--Laws, Effective Date; resolutions, local bills not
affected _____..._------... ............46, 52, 74, 126, 149
HB 4--Election Day; declared legal holiday .----.--------240, 250, 295, 1735
HB 5--Superior Court Clerks; change retirement
benefits _______..___.______.._-___..__._____--__---____._.----------.49, 52, 74, 915, 985
HB 6--Easements; not affected by tax fi fas ........... 49, 52, 74, 207, 216, 285
HB 9--Dower Rights; barred by failure to apply,
certain cases -.-_--________--__________________.49, 52, 74, 207, 217, 285
HB 10--Albany, City of; relating to employees'
pensions --------__----_----_----------------_._-----------70, 71, 85, 143, 164
HB 11--State Budget Bureau; provide information on
new programs __..----------------_______._.1304, 1309, 1360, 1418, 1473, 1710
HB 12--Employees' Retirement System; members retain rights
with certain federal offices __ ...
._ 70, 72, 85, 214, 233, 381
HB 17--Life Insurance; group coverage against death
of children _-------------------------------------.152, 156, 183, 186, 203
HB 18--Investments by Insurers; relating to
limitation --___..------.----------------.----------152, 156, 183, 186, 204
HB 19--Life Insurance; gifts to minors ___._-_-- 152, 156, 183, 186, 204, 223
HB 20--Group Life Insurance; relating to conversion
and divesting ----....._...._.__ .___.._.____ _..._------_____152, 156, 183, 186, 205
HB 23--Artesian Wells; tapping requirements ----------240, 250, 295, 551, 599
HB 26--Contractors; relating to liability
in claims .... ____________________________________________.....--1465, 1468, 1505, 1692, 1914
HB 27--Walton County; revenue for courts __..._..--.____----.78, 82, 105, 143, 164
HB 28--State Employees, Officials; increase mileage
allowance _______.------_______. __..._ _____________.------101, 102, 124, 1802
HB 29--Americus, City of; retirement system,
change contribution ....__----------------__------------_-78, 82, 105, 143, 164
HB 30--Code Revision Council; change
composition ______ 133, 135, 159, 331, 378, 724, 878, 885, 907, 1847, 1903
HB 31--Veterinary Medicine; relating to renewal of
licenses _____._......... ..._________________.__..__ 850, 855, 890, 1010, 1122, 1681, 1991
HB 33--Master Forms; recording of security deeds
and mortgages ______.......-__--......._-._----------------209, 210, 227, 867
HB 34--Habersham County Commissioners; election
and compensation --......----_----------.---------------78, 82, 105, 328, 358
HB 36--Smithville, City of; ad valorem
taxes -----.--_-__._------------------------------------78, 92, 105, 143, 165
HB 37--Teachers' Retirement System; vocational association
personnel be members --------.--------------540, 545, 585, 915, 986, 995
HB 38--Western Judicial Circuit; office of district attorney,
operation of ------------.----------------,,___--_----.78, 82, 105, 143, 165
HB 39--Air Transportation Board; change
membership ------------------------._-- ------79, 82, 105, 355, 507, 541
HB 40--Walton County; sheriff, compensation .----.........79, 83, 106, 143, 165
INDEX
2109
HB 41--Walton County; superior court clerk, ordinary, compensation ...__..__________._,,,,______,,-.--_-_ ______-__-79, 83, 106, 143, 166
HB 42--Walton County; tax commissioner, compensation _______._______._,,___,,__,,__,,__..___--_______--._,, 79, 83, 106, 143, 166
HB 43--Muscogee County Pension Fund; include additional employees ______ _________...__..........79, 83, 106, 143, 166
HB 45--Fertilizer; inspection, requirements .....-.._-......-......._.._._ 318, 323, 352 HB 46--Cash Bond; acceptable as security ,,__,,_______-_____,,_ 153, 156, 184, 331, 502 HB 47--Defendant; judge release on own
recognizance ___._--_--.153, 157, 184, 552, 595, 723 HB 48--Drivers' Licenses; certain marking for those
under 21 ___.................___......____....___.........__.._..__.....____._.__..__.__8BO, 855, 890 HB 49--Ombudsman; establish office in Atlanta ____.___.._-..__........384, 389, 522 HB 50--Motor Vehicle Drivers; prohibit from intentional
dangerous driving .....__..-..._._....._...____.___.._.-...-..........__.851, 855, 890, 1185 HB 51--Minors; work under 16 with doctor's
certificate __.................._.... 386, 389, 522, 678, 757, 837, 842, 878, 900, 927 HB 54--Walton County; commissioners, compensation ....100, 102, 124, 143, 167 HB 55--Walton County Education Board; election
of members ......_.._____._____.___........._...................____....100, 102, 124, 143, 167 HB 56--Habersham City Court; judge, solicitor,
compensation ...._._,,....-...-.-.-..--.____.___......----......._...100, 102, 124, 143, 167 HB 57--Habersham County; commissioners,
compensation ...................___________..........._.. 100, 103, 124, 143, 168 HB 61--Obscene Material; prohibit sale to
minors ____..____._______._........___._______.991, 998, 1044, 1104, 1276, 1339, 1425 HB 62--Cemeteries; registration and
regulation ___,,________.____--___-___ _-___-_____-153, 157, 184, 678, 758, 852 HB 65--Newington, Town of; new charter ....._.______100, 103, 124, 143, 168 HB 67--Macon Judicial Circuit; counties supplement
judges' salaries ....____....__....._________._-.____......_..-_...100, 103, 124, 143, 168 HB 69--Motor Vehicle and Airplane Operators;
liability to guest passengers ....__.._.___________133, 135, 159, 207, 219 HB 73--Gordon County Superior Court;
change terms ..._...._._-_..........-...-...._.....-_.-.__._._281, 288, 309, 605, 628 HB 74--Hospital Authorities; expand functions and
powers _,,__-_.___.___.__,,____,,__,,__-_.___-_-._---_--__ -153, 157, 184, 312, 332 HB 75--Public Office; prohibit from holding two for
compensation --__-__.----------_------_--.______________ _________134, 135, 160 HB 76--Supplemental appropriations; remainder
of 1969 -___................___._.335, 345, 395, 399, 527, 555, 559, 560, 654, 668 HB 77--Appropriations for Operation of Government,
1969-1971 ____1418, 1419, 1430, 1463, 1677, 1725, 1760, 1798, 1813, 1833, 1837, 1916, 1977
HB 78--Rincon, Town of; recorder and recorder pro tern _,,_________,,________________________.________,,__.__.._ ___132, 135, 160, 228, 263
HB 79--Maeon, City of; employees, retirement ..______132, 135, 160, 228, 263 HB 80--Macon, City of; extend city limits __.._______.____132, 136, 160, 228, 264 HB 81--Motor Fuel Excise Tax; increase _______.____647, 661, 676, 940, 1106, 1200,
1214, 1236, 1292, 1294, 1341, 1373, 1490 HB 82--Unadilla, City of; change corporate limits __._.__173, 179, 199, 228, 264 HB 83--Human Body; authorize gift of after
death _____._________.______...._..____._.__.___._..___.174, 179, 199, 355, 525, 588, 589 HB 87--Occupational Licenses; collection by cities,
counties limited _______ ________.___^390, 508, 522, 880, 911, 1366, 1475, 1581
HB 89--Wife's Separate Estate; limitations ____...______340, 345, 395, 867, 1015
2110
INDEX
HB 90--Real Estate Transfer Tax; leases
excluded _-_______.__._.--._._.__------...174, 179, 200, 206, 219, 386, 1522
HB 94--Habersham City Court; change name ----------132, 236, 160, 228, 264
HB 95--Habersham County; superior court clerk,
compensation __-__----------.____.----------132, 136, 160, 228, 265, 320
HB 96--Habersham County Hospital Authority; members,
board of trustees ------...__-------- ._.------------132, 136, 160, 228, 265
HB 97--Habersham County; ordinary,
compensation __________________________________132, 136, 160, 228, 266, 320>
HB 104--Wine Tax; increase _......-_..571, 574, 614, 914, 1017, 1089, 1105, 1122,.
1129, 1237,1284, 1297, 1323, 1569, 1613
HB 105--Dougherty Judicial Circuit; judge's salary,
supplement ........___.___._.--_......-.._._........_..-....----133, 136, 161, 228, 266
HB 106--Fulton County Education Board; retirement,
certain employees __----------------------------_.133, 137, 161, 1030, 1053
HB 107--Children; illegal to advertise for adoption or sale .----1089, 1094, 1165
HB 108--Pulton County; police, firemen,
pensions _..___________,,-_.__------.------664, 670, 732, 1371, 1683, 1693
HB 110--Habersham County; tax commissioner,
salary .___......-,,.__._._______......._..._----.....133, 137, 161, 898, 948, 1036
HB 112--Peace Officers' Annuity Fund;
death benefits ------_____----------___--__-175, 179, 200, 622, 759, 883
HB 113--Georgia-Florida Boundary; extend seaward ------.----193, 196, 213, 331
HB 114--Georgia-South Carolina Boundary;
extend seaward _________---._....._..._._____._.__...193, 196, 213, 331, 501
HB 115--Georgia Boundaries; conform to present
boundaries __-__........_.-.-_..-...-_._._._.......-_.-...-.....193, 196, 213, 331, 502:
HB 117--Insurance, Group Life; raise dependents'
coverage
...._--------------------926, 929, 1003, 1274, 1384
HB 118--Highway Department; acquire rights-of-way in
advance of need ..__------_.__...._.------.----.318, 323, 352, 677, 759, 883
HB 119--Highway Department; retain proceeds of
property acquired __._..........._----_.----...............__..318, 324, 352, 677, 760
HB 120--Highway Department; assistance to business or
persons displaced .........--------------------319, 324, 352, 866, 910, 1013
HB 121--Motor Vehicles; annual permits for overheight _-_--------------__._______--319, 324, 352, 1048, 1101, 1212
HB 122--Superior Court Judges; salary, expense allowance ____....._...-.-_-._-...__...._....._...__._--209, 211, 227, 331, 372, 375
HB 123--Hart County; superior court and ordinary clerks, salaries ....____..._-.----......... ................ 151, 157, 184, 228, 267
HB 124--Hart County; deputy sheriffs, compensation ....151, 157, 184, 228, 267
HB 125--Hart County; tax commissioner assistant, salary -------------------------------------.__....151, 157, 185, 228, 267
HB 126--Columbia County; commissioners, salary ----151, 157, 185, 228, 268
HB 127--Columbia County; certain officials, compensation _____________________________.__.151, 158, 185, 228, 268
HB 128--Excavating; gas pipes, filing and examination of maps ._______........... 240, 250, 295, 551, 599, 645, 647, 663, 691, 830, 852
HB 129--Griffin City Court; change name __.___,,______.151, 158, 185, 228, 269
HB 130--Clayton County; supplement judges' salaries ___________________________--------151, 158, 185, 1099, 1168, 1711
HB 131--Fulton County; fines, fees paid to treasurer ___________...__._._......__......________._152, 158, 185, 1030, 1053
INDEX
2111
HB 134--Leslie, Town of; deadline for notice of candidacy -----------------------___._ 152, 158, 185, 228, 268, 320
HB 135--Labor Department; receive appropriation for employment security agency _-------------- 384, 390, 522, 563, 598, 1037
HB 136--Unemployment Compensation Fund; extend time for expenditures ------------------------------__.384, 390, 522, 678, 761, 1037
HB 137--Ocmulgee Judicial Circuit; district attorney, expense allowance _..___.___.____.___...._._.._______....1208, 1215, 1314, 1736, 1746
HB 138--Houston Judicial Circuit; create ------------384, 390, 522, 1389, 1469 HB 139--Executions; provide time for taking on
judgments ----------------__----------_------_-------176, 179, 200 HB 140--License Plates; description and time for
acquiring ------------------------.1304, 1309, 1360, 1801, 1842, 1891, 2011 HB 141--Retirement System; create for certain public
school employees ------------------------.996, 1002, 1047, 1802, 1855, 2011 HB 142--House of Representatives; procedure for considering
appropriations bill .--------------..--------....915, 916, 939, 1103, 1189 HB 144--Banks; state depositories limited to members of
Federal Deposit Insurance Corp. _____--_--540, 545, 585, 1274, 1385 HB 148--Dawson County; ordinary, superior court clerk,
compensation _______----------__,,___------------173, 179, 200, 228, 270 HB 149--Dawson County; sheriff, compensation --------173, 180, 200, 228, 270 HB 150--Dawson County; tax commissioner,
compensation -----_--------_----------_.._------173, 180, 200, 228, 270 HB 151--Dawson County; commissioners, compensation ....173, 180, 200, 228, 271
HB 154--Atlanta, City of; pension credit for prior service ._............._.,,_.__--------___..173, 180, 201, 898, 949, 1354
HB 156--Schools, Public and Private; compulsory attendance --------__-----------------340, 345, 395, 842, 876, 1425
HB 157--Heard County; commissioners expense allowance ----------__------------___-173, 180, 201, 228, 271
HB 158--Heard County; sheriff, deputies, salaries ----173, 180, 201, 229, 271 HB 159--Heard County; assistant for superior
court clerk -----_------_--------_----._._..,,.__.!74, 180, 201 228, 272 HB 160--Macon, City of; police, firemen's
retirement --------------------------384, 390, 523, 1479, 1506, 1755, 1898 HB 162--State Income Tax; change corporate and individual
rates ----_--------------647, 661, 676, 940, 1074, 1078, 1088, 1105, 1121, 1130, 1285, 1294
HB 163--Attorney's Fees; relating to answering interrogations _,,___----__----__------_..........687, 726, 801, 1806
HB 167--Clayton County; annual audits ------------------------174, 181, 201, 328, 357, 382, 383, 867, 1211
HB 168--Higher Education Assistance Authority; create ------------------.----686, 687, 736, 1129, 1385, 1557, 1601, 2011
HB 169--Teachers' Retirement; leave of absence for study .... ...----------_--------.----222, 224, 259, 679, 761, 1367, 1475
HB 170--Teachers' Retirement; relating to refunds, disability, and waiting period -_-_------------------------223, 224, 259, 915, 1189
HB 171--Teachers' Retirement; redefine earnable compensation --------_..----------.____--_--------_--__------851, 856, 891
HB 172--Georgia State Scholarship Commission; director, surety bond __...----___--------------------------240, 250, 295, 679, 822
HB 173--Teachers' Retirement; benefits before age 62 ------.1156, 1158, 1220 HB 174--Teachers' Retirement; post-retirement benefit
changes ----------------------------------------851, 856, 891, 1367, 1525
2112
INDEX
HB 176--Georgia Higher Education Assistance Committee; powers -._.___._____________________________._.___.686, 687, 736, 1129, 1385, 1557, 1602
HB 180--Dalton, City of; employees,
pensions _________..___.,,________.______________ 240, 251, 295, 328, 358 HB 184--Employees' Retirement System; additional
tax collectors __._...________.,,___...__...______________. 1377, 1431, 1802, 1894, 1900 HB 185--Public Safety Department; deputy
director, salary ___.__..__..,,_._________________,,..____.__.___ 1558, 1562, 1580, 1682, 1817 HB 186--Employees' Retirement System; district attorneys,
superior court judges, members ________________ 341, 345, 395, 1367, 1979
HB 187--Atlanta, City of; election of aldermen and
education board ,,______:.__.____.______._,,,,_._,,__._________. 174, 181, 201, 328, 358, 381
HB 190--Stone Mountain Judicial Circuit; counties
supplement district attorney's salary ....1156, 1159, 1220, 1804, 1860
HB 193--Rome Judicial Circuit; superior court judge,
salary ,,.,,,,....... ____________ 240, 251, 296, 1099, 1169, 1490
HB 194--Teachers' Retirement System; prior service credit,
defined _,,,,_____.__________.___...,,.___________._______ 1156, 1159, 1220, 1555, 1599, 1722
HB 195--Teachers' Retirement System; certain teachers
reestablish membership ___________________ 1156, 1159, 1220, 1802, 1911, 2015
HB 196--Marietta, City of; policemen, firemen,
retirement _.,,____________...__._-___-__-______-_---_---_..________. 174, 181, 201, 229, 272
HB 199--Employees' Retirement System; interest included
in computation __________________ ___.______________________1493, 1494, 1573, 1802, 1895
HB 200--Clarkesville, City of; mayor and council,
compensation ________________________________.________________________222, 225, 259, 738, 807
HB 202--Education Boards; amend Code relating
to appeals _______.________________-__----_-_-_-________-__-319, 324, 352, 562, 590
HB 203--Educational Television; change state-wide cost
factor _____________ _______.__.,,___.,,._._______.,,_____________________ 319, 324, 352, 562, 590
HB 204--Cobb Judicial Circuit; assistant district
attorneys
.____.__.___,,_____._-,,.__._. 570, 574, 615, 738, 806
HB 205--Brunswick Judicial Circuit; provide secretary
for each judge __.______________________-_..___-__.__-_-_-_-_-_.____-----_____920, 929, 1004
HB 206--Turner County; commissioners,
compensation ________.______----------.222, 225, 259, 328, 359
HB 207--Jeff Davis County; relating to sheriff's
office ______ 222, 225, 259, 1030, 1054, 1088, 1112, 1193, 1203, 1726, 1835
HB 208--Appling County; superior court clerk,
compensation _____
_.,,.,,.___.._ 222, 225, 259, 1804, 1859, 1977
HB 209--Appling County; sheriff's office, salaries, expenses _____ ______._,,._._______. 222, 225, 259, 1804, 1861, 1977
HB 210--Jeff Davis County; superior court clerk, salary ___ 222, 225, 260, 1030, 1055, 1088, 1114, 1193, 1204, 1728, 1836
HB 212--Coastal Wetlands Protection Board; create _____..._______.1296, 1309, 1360
HB 217--Superior Court Clerks; change fees received __________-__--319, 324, 353 HB 218--Motor Vehicles; inspection
program ___..______...___.._,,_.._..______,,_____________ 385, 390, 523, 879, 913, 1017, 1833 HB 219--Grand Jurors; public officials prohibited _______________ 280, 288, 309, 867 HB 222--Walnut Grove, Town of; new charter ______________240, 251, 296, 328, 359
HB 225--Dead Dogs; prohibit dumping of ____________ 883, 886, 938, 1010, 1073, 1354, 1473, 1534, 1725, 1732, 1754
HB 226--Health Boards, Counties; control of rabies _______________ ____.__.______.__________.___________925, 930, 1004, 1803, 1896, 2012
HB 239--Hospital Officials; not liable, certain cases ____________________________________-795, 797, 864, 1320, 1390.
INDEX
2113
HB 244--Cigarette Tax; distributors, dealers, duties of ----.--------.--------------_.__.513, 516, 548, 1384, 1473
HB 247--Turner County; sheriff, compensation -_----241, 251, 296, 328, 360 HB 248--Public Safety Department, GBI; compensation,
certain employees ____,,,,_.-__-.___.__.._____1377, 1431, 1484, 1818 HB 249--Rossville, City of; new charter ----__--___.. -.241, 251, 296, 605, 628 HB 250--Blind, Deaf, Mute Children; education and
rehabilitation __.--_.,,..--_----------._______341, 345, 395, 562, 591, 927 HB 251--Tift County; commissioners, compensation ___664, 670, 732, 1030, 1056 HB 253--Gordon County; commissioners,
compensation _ 241, 251, 296, 605, 628, 995,1706,1709,1738,1822,1834 HB 254--Cobb Judicial Circuit; assistant solicitors,
qualifications ------------___--------....__.__610, 613, 675, 738, 807 HB 258--Elections; absentee ballots, counted as other
challenged ballots ____----__._._....----------------.223, 226, 260, 355, 507 HB 259--Milner, Town of; new charter _.___------281, 288, 309, 1736, 1744, 2012 HB 260--Public Buildings; accessible to physically
handicapped ....... 341, 346, 395, 552, 588, 647, 658, 724, 764, 1211, 1269 HB 261--Lamar County; chief deputy sheriff,
compensation __________________,__.____--___.------------281, 288, 309, 898, 947 HB 262--Birth Certificates; issuance of amended --.....540, 545, 585, 621, 1894 HB 263--Hospitalized Mental Patients; procedure
for transfer .._.........___........_._.----_.._......._.._540, 545, 586, 621, 761 HB 264--Day Care Centers for Mentally Retarded;
licensing of ...............__------------.,,----540, 546, 586, 621, 1900, 2012 HB 265--Thomaston, City of; extend corporate limits _281, 289, 309, 328, 360 HB 267--Cobb County; change education districts --.----.241, 252, 296, 605, 629 HB 268--Cobb County; bond of superior court clerk ..._..241, 252, 296, 605, 680 HB 271--School Attendance Records; teachers
certify --____----._._____ 925, 930, 1004, 1129, 1385, 1803, 1841, 1890, 2003 HB 272--Minimum Foundation Program; vocational
school funds __________..__._--_............_________341, 346, 396, 679, 823, 1214 HB 273--Cherokee County; certain employees,
compensation ..._........__...----..------__________._--_..241, 252, 297, 605, 629 HB 274--Blue Ridge Judicial Circuit; employ court
reporter _._.....--------...................--_--------.----795, 798, 864, 1204, 1268
HB 275--Cherokee County; commissioner's clerk, compensation ...._____________--____________--_..__338, 346, 396, 605, 630
HB 276--Griffin, City of; change corporate limits ..__--241, 252, 297, 898, 947
HB 278--Licenses, Medical; examination procedure __._.540, 546, 586, 678, 762
HB 279--Water Resources; create certified water and wastewater treatment plant operators board ----.----1156, 1159, 1221, 1366, 1852
HB 280--Income Tax Returns; provide for late returns .......--.--------.----.----._.._--------1353, 1356, 1432, 1744, 1897
HB 283--Whitfield County; employees, commissioners' relatives .----------..__--__------------.----------664, 670, 732, 898, 950
HB 284--Camden County; certain employees, compensation .....----._......------------.____.242, 252, 297, 1804, 1863
HB 285--Saint Marys, City of; abandon certain property .____------------___.__.----------__...242, 252, 297, 1804, 1861
HB 286--Adoption Laws; method of service on parents of abandoned children ____,,__...--------------.__.-____--------__386, 391, 523
HB 287--Camden County; tax officers, consolidate .___.._______._.__....___.--242, 253, 297, 1804, 1864, 2012
2114
INDEX
HB 288--Motor Vehicle Certificate of Title Act; lien records __-..----.._......___________.-...._____.385, 391, 523, 562, 838, 915, 916
HB 289--Interest Rates; loans on new industry ____._._. 319, 325, 353, 1104, 1201 HB 290--Albany, City of; water service ._____----_~_-_._..242, 253, 297, 328, 950 HB 291--Albany, City of; clerk and treasurer,
separate offices .--__...-- .___--.--_-..._.....----______..____..242, 253, 297, 328, 360 HB 292--Buford City Court; abolish ___--._.___------_._____.__.566, 574, 615, 738, 807 HB 293--Forest Park, City of; change corporate
limits _-...----.....___.....-....-------_-..--_...._.--__.--. 242, 253, 298, 328, 361 HB 294--Lamar County; superior court clerk,
compensation ___.--__,,_____--__._.--__.....___....__...--___.__..282, 289, 309, 898, 951 HB 296--Airport Expansion; reimbursement to certain
displaced persons --__,,______----..__..._.--____.885, 916, 940, 1321, 1830, 1831 HB 297--Tattnall County; ordinary,
compensation ___-__--___,__------_____-_--....__----242, 253, 293, 328, 361, 541 HB 298--Tattnall County; education board chairman,
compensation --____,,____._.........-..,,_....,,._..,,. 243, 253, 298, 328, 361 HB 299--Tattnall County; commission chairman,
compensation _._--__--_--___----.-..,,___-.._.-.....,,.,,. 243, 254, 298, 328, 362 HB 300--Tattnall County; superior court clerk,
compensation _----_,,.--_____--__---_--_____________-243, 254, 298, 328, 362 HB 301--Catoosa County; sheriff, salary ..._,,--____243, 254, 298, 605, 631, 852 HB 302--Catoosa County; commissioners,
salaries'..-------_----------------_---_------_~--__-243, 254, 298, 328, 363 HB 303--Dower; abolish the right of ..........._..--..._._._-.320, 325, 353, 678, 823 HB 304--School Funds; provide for investment ._.....--514, 516, 548, 880, 986 HB 305--Waynesboro City Court; stenographer,
salary _..______._...____..__.....___._...._....__._..243, 254, 298, 605, 630 HB 306--Burke County; superior court clerk,
compensation __.._....._.__._..._._...____..243, 254, 299, 605, 630 HB 307--Burke County; ordinary, compensation ._ .....243, 255, 299, 605, 631 HB 308--Augusta Judicial Circuit; judge's secretary,
compensation .___----._----_........----_--_..--__.__.566, 575, 615, 738, 808 HB 309--Randolph County; superior court,
assistants' salaries _----_--_----___------_------__244, 255, 299, 328, 363 HB 310--Randolph County; ordinary, compensation ....244, 255, 299, 328, 363 HB 311--Randolph County; sheriff, deputy salaries .._....244, 255, 299, 328, 364 HB 312--Montezuma, City of; change date of elections ... 244, 255, 299, 328, 364 HB 313--Sumter County; court clerks, compensation ....244, 255, 299, 328, 364 HB 314--Schley County; sheriff, compensation ..._.__..._244, 256, 300, 328, 365 HB 315--Oglethorpe City Court; solicitor,
compensation _,,.__._.___________.__......244, 256, 300, 328, 365 HB 316--Oglethorpe City Court; judge, compensation ...244, 256, 300, 328, 365 HB 317--State Corrections Board; members prohibited
from employment by Board ........____............_..__.795, 798, 864, 941, 1028 HB 318--Attorneys, Out-of-State; admission to Bar without
examination __._-._.._.-___...--_--_-_____.._--__----___.281, 289, 310, 563, 592
HB 319--Insurance, Endowment Policies; Georgia Securities Act, redefine terms ______..-....--._-.-_.._..._........686, 687, 736, 866, 988
HB 320--Insurance; amend Code to define variable annuity contract _..._..--_............__.__.__........686, 687, 736, 866, 987, 1036
HB 322--Hapeville, City of; mayor, veto power -__.....245, 256, 300, 1030, 1056
HB 323--College Park, City of; permit liquor sales ___245, 256, 300, 1479, 1508
HB 325--Toccoa, City of; ad valorem tax rate ._..........__245, 256, 300, 329, 366
HB 326--Stephens County; commissioners, salary _,.__...245, 257, 300, 329, 366
INDEX
2115
HB 328--Sandersville, City of; city treasurer, abolish office ______--------.__--------282, 289, 310, 1030, 1056
HB 329--Science & Technology Commmission; change membership ----________----_______________________795, 798, 865, 1417, 1612
HB 331--Peace Officers; arrest powers ------_--------851, 856, 891, 1204, 1275 HB 332--State Militia; relative to call to active
duty -.____--___._______----__------------------540, 546, 586, 879, 1114, 1213 HB 333--Armed Forces Personnel; income tax
exemption _____________----__.____--____----------385, 391, 523, 1274, 1375 HB 334--State War Veterans Home; admission to --------_~-----722, 727, 802 HB 335--Disabled Veterans; consensual transactions
binding _----__------_----------------__.----667, 671, 736, 1555, 1603 HB 336--Veterans Department; purchase ambulance ___..__----722, 727, 802 HB 338--Barrow County; sheriff's office,
salaries _.._-------...._..----._________.----._------__--.245, 257, 300, 605, 631
HB 339--Oconee County; commissioner chairman, salary .____-__,,__.____245, 257, 301, 605, 632
HB 340--Statham, City of; land conveyance ____........----.245, 257, 301, 329, 366 HB 341--Statham, City of; streets, public ways _________246, 257, 301, 329, 367 HB 342--Walker County City Court; change name -246, 258, 301, 1196, 1225 HB 347--Highway Department's Maintenance; define
responsibilities, certain cities __..--------____._....610, 613, 676, 1167, 1284 HB 351--Palmetto, City of; mayor appoint recorder --,338, 346, 396, 898, 951 HB 352--Fiscal Officer; provided for General
Assembly __,,.___.____._____.______________..795, 798, 864, 1103, 1189 HB 355--Fairburn, City of; referendum to annex
property ...._________----.._________.___...___....._________.....282, 289, 310, 1030, 1058 HB 362--Livestock Commission Merchant; relieve
liability ._._................____....___________--------.__._.1115, 1116, 1166, 1195, 1386 HB 363--Ludowici, City of; change corporate
limits ........___________....____.__----............----.._.________282, 290, 310, 552, 587 HB 364--Tattnall County; sheriff,
compensation ------...____....___----._----__----------282, 290, 310, 329, 367 HB 365--Cherokee County; education board, terms ----.282, 290, 310, 605, 632 HB 366--Public Service Commission; powers
and duties .........__...._............____..._____..____........ 1115, 1116, 1166, 1481, 1816 HB 367--Forsyth County; commission chairman,
compensation .__.______._________--....--___--------282, 290, 310, 329, 367, 370 HB 368--Forsyth County; certain employees,
compensation ____..._._.__-_----__----.._.____.----___283, 290, 310, 329, 368, 370 HB 369--Soperton City Court; judge, solicitor,
salaries --_________________________.....--__.______.-283, 290, 311, 329, 368, 514 HB 370--Mount Vernon, City of; mayor and
councilmen, terms _______--_.__--______----------__....283, 290, 311, 329, 369 HB 371--Metter, City of; change corporate limits ___.283, 291, 311, 329, 369 HB 375--Deer Hunting; change regulations _._....______1534, 1541, 1579, 1680 HB 378--Credit Cards; prohibit certain activities ------_----------_320, 325, 353 HB 379--Dooly County; sheriff's office and
salaries ___.____-_------------------___.__.__-338, 346, 396, 605, 633 HB 380--Griffin Judicial Circuit; secretary
for judge .--------__.___------------------_.____283, 291, 311, 552, 594 HB 381--Elections, Atlanta; conduction of
primaries __----___724, 730, 804, 914, 1609, 1799, 1839, 1915, 1975, 2021 HB 382--Atlanta Municipal Election Commission;
create ___._...______________--------------___.----283, 291, 311, 1857, 1866, 2012
HB 384--Vernonburg, Town of; annex certain property-- 385, 391, 524, 605, 63a
2116-
INDEX
HB 385--State Authorities; attorney general's jurisdiction ______________________________________________ 341, 346, 396, 1383, 1460, 1569
HB 386--Atlanta Judicial Circuit; assistant district attorneys ___..__......._--___.-________....._._-_-...___.-..283, 291, 311, 898, 951
HB 387--Stone Mountain Judicial Circuit; assistant district attorneys __________________________________......._..._.____.._....___._._T..1723, 1743
HB 388--DeKalb County Grand Jury; stenographer present .-.845, 856, 891, 1196, 1226
HB 389--DeKalb County Courts; certain employees, salaries _...____.____..__________.._______...............___.1558, 1562, 1580, 1736, 1746
HB 390--Paulding County Water Authority; revenue bonds, limit .-,,,-....___,,_________________-_--_____.284, 291, 312, 329, 370
HB 391--Irwin County; commissioners, compensation ________304, 305, 327, 1196, 1226, 1354
HB 393--Burke County; sheriff, compensation --------304, 305, 327, 605, 633 HB 395--Marietta, City of; corporate limits, election
of, mayor ______.__..___._____.._...___......_.-....._.._.304, 305, 327, 738, 808 HB 396--Alcoholic Beverages; sale by drink, procedure in
certain cities, counties ______.. ____._____667, 670, 732, 835, 879, 904, 927 HB 398--Motor Fuel Tax Law; agricultural refund
application __...............__......._.___.._.__1560, 1562, 1580, 1682, 1910 HB 405--Smyrna, City of; increase corporate limits 304, 306, 376, 738, 808 HB 407--Southern Judicial Circuit; additional
judge ........_._._.......-_-724, 730, 804, 1320, 1458, 1466, 1741, 1754, 1809 HB 408--Echols County; commissioners, attorney,
compensation _______-_.__._-_.__..___________._______304, 306, 327, 605, 634 HB 409--Motorcycles; operation regulations ----385, 391, 524, 679, 762, 1834 HB 411--Stone Mountain Judicial Circuit; supplement judges'
salaries _________________...__.._._._..._._-__....304, 306, 327, 898, 952 HB 412--Glass Doors; safety glass required, certain
cases __._....__-_.__..._--_.___._.-._._.__.._-._..._._...._.1467, 1494, 1573, 1802 HB 413--Lender Credit Card Act; relating to credit
transactions _________________________________________________796, 798, 865, 880, 911 HB 417--Walker County; ordinary, qualifications ....... 304, 306, 327, 605, 634 HB 418--Motor Vehicles; special license tags, citizens' band
radio .____________ ______________________________...385, 392, 524, 679, 763 HB 419--Columbia County; superior court judges,
compensation __..____.._____.____.__._......338, 347, 396, 898, 952 HB 420--Cook County; sheriff, compensation ----.........338, 347, 396, 605, 634 HB 421--Cook County; certain employees, compensation _______._._338, 347, 397,
605, 635 HB 422--Cook County; tax collector collect fi fas ........338, 347, 397, 605, 635 HB 423--Cook County; commissioners, compensation ___.339, 347, 397, 605, 635
HB 424--Pickens County; water, garbage, fire districts __339, 348, 397, 605, 636
HB 425--Pickens County; deputy sheriff, salary ___.______339, 348, 397, 898, 952
HB 427--Thomson, City of; disposition of city property ._.....________._._____________________________________________.339, 348, 397, 738, 809
HB 428--Dead Animals; disposition of ...._.-_...-~-1034, 1039, 1096, 1366, 1911
HB 430--Port Wentworth, City of; governing authority use certain property ..._____________________________________.____339, 348, 397, 605, 636
HB 431--Spalding County Small Claims Court; create .,_-..___._...,,......_.._......__...__......._318, 325, 353, 1556, 1586, 1710
HB 432--Counties, Cities; authority to jointly zone property __._......._........._......._...__..._......_._._..___991, 998, 1044, 1321, 1413
INDEX
2117
HB 433--Higher Education Assistance Corporation; director's surety bond ______________________.....722, 727, 802, 1129, 1188
HB 434--Carroll County; failure to return taxes __-318, 325, 353, 1367, 1474
HB 435--Macon, City of; levy taxes _______,,___-1723, 1743, 1905, 1962
HB 436--Highway Authority Act; authorize additional bonds _...___.._..___.._.._______.__...-667, 671, 732, 1048, 1190, 1197, 1206, 1274,
1536, 1542, 1959, 1975 HB 439--Meriwether County; certain officials,
compensation _______._..._.___________________.339, 348, 398, 605, 636, 852 HB 442--Toombs County; commissioners employ certain
persons ._....______________________________664, 671, 733, 898, 954 HB 443--Toombs County; tax receiver, compensation ____.__.664, 671, 733, 898, 954 HB 444--Barrow County; clerk of commissioners,
salary __.._______________________________318, 326, 354, 605, 637 HB 445--Atlanta Housing Authority; additional members ._.___ 318, 326, 354,
1030, 1057, 1212 HB 446--Fox Hunting; recorded calls prohibited ... 1333, 1334, 1364, 1734, 1999 HB 447--Unemployment Compensation; change benefits and
eligibility ______________________________________..386, 392, 524, 551, 589 HB 449--Macon, City of; convey air space _.-._-____-_.340, 348, 398, 605, 638 HB 450--Habersham County; establish fire protection
districts _______________________________....... 340, 349, 398, 738, 809 HB 452--Unliquidated Damages Interest Act; remove limitation _______796, 799,
865 HB 453--Insurance; premium financing, regulation of _.----1122, 1159, 1221,
1483, 1525, 1827, 2012 HB 454--School Property Tax Digest; correct equalization in
certain counties __________._________..._______..______.1296, 1318, 1383, 1468 HB 455--Fulton County; annexation of property located in two
cities ........._______________________________________ 340, 349, 398 HB 457--Insurance Companies; venue in actions :___1301, 1310, 1360, 1555,
1612 HB 458--Aircraft Hijacking; offense and penalty _____...514, 516, 548, 805,
874, 1308 HB 462--Piedmont Judicial Circuit; superior court
terms ___.____.____________________________340, 349, 398, 605, 638 HB 464--Clinch County; tax officers, compensation ...... 566, 575, 615, 898, 955 HB 465--Homerville, City of; elections ________,,___-566, 575, 615, 898, 955 HB 466--Clinch County; additional deputy sheriff ..---567, 575, 615, 898, 955 HB 469--Richmond County; traffic regulations .-...-567, 575, 615, 1099, 1167 HB 471--Jones County; sheriff, compensation ________511, 516, 548, 605, 638 HB 472--Jones County; commissioners, compensation _-...511, 516, 548, 605, 639 HB 475--Coosa Valley Area Vocational Technical School System;
create .-___.__._______.___..,,_________.______________ 511, 517, 548, 605, 639 HB 476--Borne, City of; elections _______________-__________..__._.511, 517, 548 HB 477--Rome, City of; city manager, powers & duties ...--512, 517, 549, 738,
809 HB 478--Rome, City of; retirement fund, investment of
excess _.......... ______________________________________512, 517, 549, 605, 639 HB 480--Tift County; ordinary, compensation __.__..512, 517, 549, 606, 640 HB 481--Tift County; sheriff, compensation _-_____._ 512, 518, 549, 606, 640 HB 482--Gwinnett Judicial Circuit; investigator for district
attorney ...____________._____.________,,__....512, 518, 549, 606, 640 HB 483--Sylvester City Court; judge practice law _____612. 518, 549, 606, 641 HB 486--Jefferson County; sheriff's office, personnel _.__.512, 518, 549, 606,
641
2118
INDEX
HB 487--Jefferson County; commissioners, compensation ---513, 518, 550, 606,
641 HB 488--Fireworks, Manufacture of; permit certain
cases _____.__,,_.__________.___._______._.__ 926, 930, 1004, 1858, 2008, 2016 HB 489--DeKalb County; superior court clerks deposit
funds ____-__________________.___.________-__________________.845, 856, 891, 1479, 1509, 1710 HB 491--Butts County; commissioners, assign additional
duties ______________________________________..__._______________.571, 575, 616, 898, 956 HB 492--Butts County; tax receiver, compensation ___._.__513, 518, 550, 898, 956 HB 493--Butts County Courthouse; maintenance funds _____________ 513, 519, 550,
898, 956 HB 494--Rockdale County; commissioners,
compensation _______.__________________..__._____.____.________513, 519, 550, 606, 642 HB 495--Rockdale County; ordinary, compensation ________513, 519, 550, 606, 642 HB 496--Rockdale County; superior court clerk, clerical
help ________________________________________________________________________ 513, 519, 550, 606, 642 HB 497--Rockdale County; sheriff, compensation _______ 513, 519, 550, 606, 643 HB 499--Georgia Building Authority; security guards
employed _________.___________-___________._.____.___1492 ) 1495, 1573, 1678, 1843 HB 500--Swainsboro, City of; mayor, term of
office ___.__--_________________________-__-________-___-_____-_._.665, 672, 733, 898, 957 HB 501--Emanuel County; commissioners, terms __________._665, 672, 733, 898, 957 HB 502--Austell, Town of; change corporate limits ______-___...845, 856, 891, 1479,
1510, 1674 HB 503--Powder Springs, City of; mayor and council,
election ______..____.__,,__________._____________ ___________.___.___________.____567, 576, 616, 738, 810 HB 504--Cobb County Juvenile Court Judge;
compensation _,,______,,_-___.___---____________567, 576, 616, 738, 810 HB 505--Marietta, City of; change ad valorem tax ._._____________1617, 1619, 1691,
1736, 1746 HB 506--Meigs, Town of; extend corporate
limits _________________-__..______________________________.571, 576, 616, 738, 810 HB 507--Georgia Equine Act; create .............. _________1304, 1310, 1361, 1482, 1536 HB 508--Cobb County; tax commissioner and chief clerk,
compensation ______________________________________________________ 567, 576, 616, 738, 811 HB 509--State House Officials; emeritus offices _________________ 852, 857, 891, 1677 HB 510--Richmond County; education board, election ______._____567, 576, 616, 898,
957 HB 512--Laurens County State Court; judge and solicitor,
compensation __________________________.___.__..____________567, 576, 616, 738, 811 HB 514--Boilers, Pressure Vessels; safe construction &
installation _._____,,._,,___________________,,.____________ 1467, 1495, 1574, 1802, 1844 HB 515--College Park City Court; judge pro tern, procedure for
selecting ._________________-.__--__-_-_______.._._____ 665, 672, 733, 1030, 1059
HB 516---Whitfield County; metropolitan government study commission, create ____--._.___._-___________________568, 577, 617, 738, 811
HB 517--Whitfield County; water, sewerage, garbage districts, create _____________________-_______-__-__-_._______568, 577, 617, 1480, 1508
HB 518--Oglethorpe County; superior court, change terms _________,,,,_____.,,_____.__________,,_._______________,,______ 924, 930, 1004, 1099, 1168
HB 520--Piedmont Judicial Circuit; court reporter, compensation _______________________
568, 577, 617, 738, 812
HB 521--Atlanta; unfit dwellings, relieve tenant of rent ________.568, 577, 617
HB 523--Madison, City of; airport authority, create ________________._..924, 930, 1004, 1099, 1170
INDEX
2119
HB 524--Georgia Meat Inspection Act; create ____________1568, 1571, 1689, 1734, 1852, 2012
HB 525--Tax; cities and counties, State Revenue Commissioner
collect ______________________.______________1305, 1310, 1361, 1744, 1900
HB 526--Cairo, City of; extend corporate limits ______5'68, 577, 617, 738, 812
HB 527--Intangible Tax Returns; forms ____.883, 886, 938, 1384, 1475, 1540'
HB 528--Senoia, City of; new charter ____________567, 578, 617, 898, 958, 1037
HB 530--Cobb County; civil service system _.________-_____568, 578, 617, 738, 812;
HB 531--Bacon County; ordinary, compensation _______569, 578, 618, 1804, 1868
HB 532--Industry and Trade Department; funds for
<
welcome centers ._.________._.-__.____________.1465, 1467, 1505, 1554, 1603
HB 534--Georgia State Board of Nursing Homes; membership _________________________ 925, 931, 1004, 1321, 1421, 1535, 1825
HB 535--Cobb County; commissioners, ordinances _______-569, 578, 618, 738, 813 HB 536--East Point, City of; mayor, compensation -_____.569, 578, 618, 1683,
1694, 1740 HB 537--East Point, City of; amend charter ______.__. 5(59, 578, 618, 1480, 1509 HB 540--Educational Institutions; unlawful to damage
property ______________________________________..____.________1568, 1571 HB 541--Muscogee County Charter Commission; create ____569, 579, 618,
738, 813 HB 542--Cobb Judicial Circuit; judges employ two court
reporters ____i.____.-_.___________.________________.571, 579, 618, 1204, 1295
HB 544--Fort Valley, Town of; levy occupation tax _______ 569, 579, 618, 898, 958
HB 545--Fort Valley, Town of; improved property, sanitary requirements __________________________________________________-569, 579, 619, 898, 959
HB 546--College Park, City of; zoning laws __________665, 672, 733, 1030, 1059 HB 547--Dalton, City of; incorporate land
lots __________________.__.________T_.._.________________________570, 579> 619, 1030, 1060, 1157 HB 548--Atlanta, State Income Tax Return; city receive
information from ____._._______________1721, 1723, 1743, 1905, 1962, 2012
HB 549--Atlanta, State Income Tax Return; city receive information from _______________________1721. 1724, 1743, 1905, 1963, 2013
HB 550--State Civil Service Program; veteran preference,:__-883,^887, 938,
1105, 1190
HB 551--Georgia Natural Areas Council; change
:
name _._____________._.__-________.__._.________________1273, 1318, 1680, 2004, 2013
HB 552--Walker County City Court; judge and solicitor-
compensation ___________^_______________ 570, 579, 619, 738, 814, 844, 871, 927
HB 553--Twiggs County; number of deputy sheriffs ______.________.__.570, 580, 619,
1099, 1171
HB 554--Twiggs County; commissioners,
,
;
compensation ______.______________________________570. 580, 619, 1099, 1171
HB 555--Jasper County; sheriff, compensation ________570, 580, 619, 738, 813 HB 556--Jasper County; commissioners, compensation __u____________570, 580, 619,
738, 814
HB 557--County Roads; funds, proof of deposit ____________._______._._._____________________883, 887, 938, 1103, 1191
HB 558--DeKalb County; education board, terms ____________1154. 1160, 1221,
1368, 1438
HB 559--Voter Qualifications; elections ._______,___.926, 931, 1005, 1048, 1269
HB 560--Elections; county school superintendents, filling vacancies ___..____________________________________796. 799, 865, 1678, 1818, 2016
HB 561--Elections; ordinaries, filling vacancies ___..796, 799, 865, 1678, 1820
HB 562--Elections; primaries, returns _______________925, 931, 1005, 1384, 1538
2120
INDEX
HB 563--Elections; primaries, procedure for conducting ___.______-._..__________1035, 1039, 1096, 1383, 1538, 1674
HB 564--Elections; primaries, procedure for conducting ,._____-1035, 1040, 1097, 1195, 1387, 1562, 1634, 1708,
1733, 1836, 1905 HB 565--Elections; justices of the peace, filling
vacancies ----_____-_--__--.___---___..______------_...__-___________A493, 1495, 1574 HB 567--County Surveyor; filling vacancies __________.992, 998, 1044, 1554,
1613, 2021 HB 569--Fitzgerald, City of; territorial limits ._..1083, 1090, 1162, 1196, 1227 HB 570--Ocean Science Center of the Atlantic; marine
resources extension centers _______________________ 1353, 1356, 1432, 1678, 1824 HB 572--Motor Vehicle Operators; procedure for
arrest _______.__________.-.____.______________________724, 730, 805, 879, 912, 995, 1192 HB 573--Mobile Homes; permit for use as
residence .-,,_..__-__.-.-_....--___._..... 1558, 1562, 1580, 1805, 1996, 2013 HB 574--DeKalb County; commissioners publish quarterly
audits ________-__._..-._________._.___._____.___-____._______.____610, 613, 676, 738, 815 HB 580--Dougherty County; sheriff and superior court clerk,
compensation ___________.______________________________._____________665, 672, 734, 898, 959 HB 581--Dougherty County; tax commissioner,
compensation _._._._____________.__---_-________---_________-,,___--__665, 672, 734, 898, 960
HB 582--Lookout Mountain Judicial Circuit; superior court judge, salary _____..____._.__________________.________665, 672, 734, 1737, 1747
HB 583--LaFayette, City of; reincorporate -- _________--____665, 673, 734, 898, 960 HB 584--Murrayville, City of; reincorporate _______.__...___666, 673, 734, 898, 960 HB 585--Charlton County; education board members,
election._________________,,_____-___,,-__.__,,__________ ________666, 673, 734, 1804, 1861 HB 586--Colquitt County Airport Authority; change
name _____-___-_-__--__________ ___________________.845, 857, 892, 1030, 1060 HB 588--Griffin Judicial Circuit; court reporter,
compensation .______._________________.___666, 673, 734, 898, 961 HB 590--Juveniles; right of bail ____________________.____1561, 1563, 1581, 1806, 1910 HB 591--Cobb County Civil and Criminal Court; judges and
clerk, compensation .__._______.._____.._________.______________.666, 673, 734, 899, 961 HB 592--Hancock County Small Claims Court;
fees and costs ____________.___,__ 845, 857, 892, 1030, 1061 HB 593--Corporation Code; amend ___.___.____852, 857, 892, 1554, 1620, 1893, 1981 HB 595--Augusta Judicial Circuit; senior judge,
supplement ____________________________________________ ___.____924, 931, 1005, 1099, 1171 HB 596--Scott, Town of; new charter __________________._____._______666, 673, 735, 899, 961 HB 597--Putnam County; superior court clerk,
compensation .___.__-.__.......__.___-__..__......--___.......__..__....666, 673, 735, 899, 962 HB 598--Putnam County; commissioners and clerk,
compensation ...___._............_.__........_._______._._.___....666, 674, 735, 899, 962 HB 599--Putnam County; sheriff, compensation ____________666, 674, 735, 899, 962 HB 600--Putnam County; tax commissioner,
compensation ___________________________________________,667, 674, 735, 899, 963 HB 601--Putnam County; ordinary, compensation ___-.__--667, 674, 735, 899, 963
HB 603--Driver's License Suspension; change provision for removal of points ----_-____.--~--..____1535, 1563, 1581, 1682, 2005, 2013
HB 604--Tifton, City of; city manager, compensation __..._.....____.__..--.-.-__........_...-.___-__667, 674, 735, 1030, 1061
HB 605--Coroner Jurors; compensation _.___._--__-_______ 915, 916, 940, 1010, 1191
HB 607---Georgia Industrial Loan Act; change tax on fees, interest, insurance premiums _________..1353,1357,1432,1682,1840
INDEX
2121
HB 609--Administrator; sue for full value of decedent's life ............. .................__.._._.....884, 887, 938, 1320, 1412
HB 610--Public Service Commission; enjoin violation of regulations __--------------_____..-__.._..____1492, 1495, 1574, 1802
HB 611--Agricultural Commodities Promotion Act; reenact provisions ................_..._....__.....1035,1040, 1097, 1195, 1411, 1535,
1614, 1618, 1810, 1825, 1835 HB 612--Ashburn, City of; new charter ------__..1084, 1090, 1162, 1196, 1227 HB 613--Chattahoochee Judicial Circuit; superior court,
additional judge .--...--------------------925, 931, 1005, 1320, 1372 HB 615--Alto, Town of; mayor and council levy
property tax ,,__.----------.....__----__-____________.720, 727, 802, 899, 963 HB 617--Tifton, City of; extend corporate
limits _.--..----.--_..-----------------991, 998, 1044, 1804, 1869, 2016 HB 618--Fort Oglethorpe, Town of; mayor and aldermen,
terms ..--..--------------_..__..._._____.___.___.___.846, 857, 892, 1030, 1061 HB 619--Valdosta, City of; alter corporate limits ........721, 727, 802, 1030, 1062 HB 621--Augusta, City of; general election,
change date __._--------__..___.....721, 728, 802, 1099, 1172 HB 622--Haralson County; treasurer's employees,
compensation ----_.------..----------------721, 728, 802, 899, 964 HB 623--Haralson County; sheriff and ordinary,
compensation _.._----------______.----721, 728, 803, 899, 964 HB 624--Haralson County; commissioner,
compensation ..___.------------_...._...___....721, 728, 803, 899, 964 HB 625--Walker County; sheriff purchase supplies and
equipment ....__.____----_----------------.721, 728, 803, 1196, 1227 HB 627--Executor; death, provide for administrator,
de bonis non -------------------------- 926, 931, 1005, 1806, 1912, 2013 HB 628--Fulton County; civil service board members,
compensation ..._------_--._._.----------------721, 728, 803, 1031, 1062 HB 629--Building and Loan Act; define certain
terminology.--------------------------1560, 1563, 1581, 1682, 1818 HB 630--Atlanta, City of; admission fee
to zoo ....._._._----........------.._----------__..1722, 1724, 1743, 1905, 1963 HB 631--Lyons, City of; change corporate
limits .______-..-..-....----------------722, 729, 803, 1196, 1228, 1354 HB 632--Lyons, City of; change corporate
limits ___..___.------.......----------------.----722, 729, 803, 1196, 1228, 1354 HB 633--Muscogee County; police authority ....._.......... 722, 729, 803, 899, 965 HB 634--Arnoldsville, City of; incorporate ............722, 729, 804, 899, 965, 1037 HB 635--Chattooga County; ordinary, clerical
help ...........___,,___---------------------.....846, 858, 892, 1031, 1062 HB 636--Chattooga County; commissioner clerk and
warden, salary ___...................._.----...,.----..--.....846, 858, 892, 1031, 1063 HB 637--Chattooga County Civil and Criminal Court;
change name ____________..--_------------__---- 846, 858, 892, 1031, 1063 HB 638--Chattooga County; superior court deputy clerk,
salary ....--------------.__----_________..846, 858, 893, 1031, 1063 HB 639--Chattooga County; deputy tax commissioner,
compensation ------_..._...----..._._..._...,,._....846, 858, 893, 1031, 1064
HB 640--Lincolnton Development Authority; appointment of members .._..-----------------_.------------.846, 858, 893, 1031, 1064
HB 642--Cobb County; commissioners, compensation _.----....____.------__..846, 859, 893, 1099, 1172, 1355
2122
INDEX
HB 643--Firearms; purchase in adjoining
states ..............___..........._._............___._..926, 932, 1005, 1194, 1414, 2016 HB 645--Cohutta, City of; incorporate ._____..__--_____.991, 998, 1044, 1099, 1172 HB 646--Peach County Industrial Development
Authority; create _____-__._-_________.__._--______.____.847, 859, 893, 1099, 1173
HB 648--State Merit System; coverage for certain
Game & Fish employees --_--_____._..--__._.1304, 1310, 1361, 1482, 1604 HB 651--Hospital Authorities; create
retirement plans ...._._.__..._._._...._._._926, 932, 1005, 1366, 1469, 1561
HB 652--Retirement Legislation; requisites for passage ___......__._____..,,_....__,,,,_._______._ 884, 887, 939, 1222, 1339, 1425
HB 653--Plumbing Contractors, Board of Examiners; employees, duties ........._._._..._._____________.___________1467, 1495, 1574, 1803,
HB 655--Osteopaths; include on State Board of
1995, 2006, 2022
Medical Examiners .__....__.._..._....__.......__1035, 1040, 1097, 1681 HB 657--Colquitt County; education board,
create .___________.-.-...____,,.._..__.___.........-..___.._847, 859, 893, 1031, 1064
HB 660--Dodge County; superior court sheriff and clerk, compensation _____,,.._..__._._.._..._____847, 859, 893, 1368, 1438
HB 661--Dodge County; tax commissioner clerk and
employee, compensation ......______,,_--..______847> 859, 894, 1368, 1439
HB 662--Dodge County; commissioner, compensation ....___.___._.........._.__._._.,,_________847, 859, 894, 1368, 1439
HB 663--Dodge County; ordinary, compensation ______847, 860, 894, 1368, 1439 HB 664--Hawkinsville, City of; competitive
bidding on certain property _________________847, 860, 894, 1368, 1440 HB 665--Bleckley County; ordinary, compensation ____....848, 860, 894, 1368, 1440 HB 666--Bleckley County; tax collector,
compensation .__.......____.__.........__..._,,___.__.._848, 860, 894, 1368, 1440
HB 667--Telfair County; superior court clerk, compensation ....____......___.__._...__.__..924, 932, 1006, 1368, 1441, 1569
HB 668--Bleckley County; tax receiver,
compensation .,,._,,,,___.._......,,____..__848, 860, 894, 1368, 1441 HB 669--Bleckley County; tax offices,
consolidate ._.__.__-_.-..._...____._..._._--__._._.__848, 860, 894, 1368, 1442 HB 670--Telfair County; ordinary,
compensation ,,____,,.___-_________-_--...924, 932, 1006, 1368, 1442, 1569 HB 671--Hawkinsville, City of; commissioners
sell certain land ._............-___..._...._....._.__.__848, 860, 895, 1368, 1442
HB 672--Pulaski County; clerk of ordinary, compensation ,,_.___........__..__-_._....._.._..___848, 861, 895, 1368, 1443
HB 673--Bleckley County; superior court clerk,
compensation _.._._..._....,.__...__.._.-.._.-_....__848, 861, 895, 1368, 1443 HB 674--Motor Carriers; multiple registration and
reciprocity ___._.._____..____,,_._________884, 887, 939, 1081, 1188 HB 675--Candler County; commission clerk,
compensation __________________________,,_..._--_._...848, 861, 895, 1031, 1065
HB 676--Candler County; ordinary, compensation ___849, 861, 895, 1031, 1065
HB 678--Wilkinson County; commissioners, terms __...._.849, 861, 895, 1031, 1065
HB 679--Taylor County; coroner, compensation __.._._..___849, 861, 895, 1031, 1066
HB 680--Dooly County Industrial Development Authority; bonds _._..............._..._-______......_.849, 862, 896, 1368, 1444
HB 681--Washington County; commissioners, expense allowance ____._.._.._.______849, 862, 896, 1196, 1229
INDEX
2123
HB 684--State Division of Conservation; administer
federal funds ______,,_______________..1561, 1563, 1581, 1735, 1846 HB 685--Wilcox County; sheriff, expense
allowance --_-__._--___-__-_____._______.___849, 862, 896, 1368, 1444 HB 686--Camden County; zoning and planning
laws ___________________________________._._________.924, 932, 1006, 1744, 1894
HB 689--Constables; justices of peace appoint _..._.._884, 888, 939, 1692, 1895 HB 690--Crawford County; sheriff,
compensation ______ _________ ._____________________849, 862, 896, 1368, 1444, 1561 HB 691--Crawford County; superior court
clerk, compensation ___________._____________.._____________..__.___849, 862, 896, 1368, 1445 HB 692--Crawford County; ordinary, compensation ___.__850, 862, 896, 1368, 1445 HB 694--Urban Redevelopment Law; amended, certain
counties applicable __________..___________________-___________.992, 998, 1044, 1321, 1415
HB 697--Poultry Industry; hatchery operators,
registration ___._..______________________.___.___._____._______1115, 1116, 1166, 1195, 1853
HB 699--DeKalb County Coliseum Authority;
create ___
__ _ _ ____.__._1488, 1496, 1574, 1967, 2002, 2014
HB 700--Ployd County; merit system, establish ____..__..___________________._.,.___.____________._________________884, 888, 939, 1031, 1066
HB 701--Canton, City of; councilmen, election ____________924, 933, 1006, 1099, 1174 HB 703--Fiduciary's Bond; reduction for estates __..__..________--___1567, 1571, 1690 HB 704--Augusta; Masonic Hall Trustees, amend
incorporation _..._..___________.______________-_________.____884, 888, 939, 1099, 1174 HB 705--Bibb County; board of election,
provide for ,,________,,____________920, 933, 1006, 1480, 1511 HB 717--Criminal Code; trial without jury,
provide sentence _____,,_____________._.._______---_____1035, 1040, 1097, 1806, 1997 HB 719--Armed Robbery; change definition and
penalty
_____________________.1035, 1041, 1097, 1555, 1633,
1754, 1954, 1975, 2003
HB 722--Criminal Code; amendments ____________1156, 1160, 1221, 1858, 1970, 2014
HB 723--Laurens County; treasurer, compensation .. .___________________.___._______.___._______.____920, 933, 1006, 1099, 1174
HB 724--Dublin, City of; mayor and aldermen, compensation ____________________________________________________ 921, 933, 1006, 1099, 1175
HB 725--Laurens County; superior court clerk,
compensation ._._._ _______________.____921, 933, 1006, 1099, 1175 HB 726--Laurens County; sheriff,
compensation ...,,______.._.__._....._._.._._-921, 933, 1007, 1099, 1175
HB 727--Laurens County; tax commissioner, compensation ________________________ ____________--_____.______921, 933, 1007, 1099, 1176
HB 728--Laurens County; ordinary, increase supplemental salary ________.___________,,____,,____ _________921, 934, 1007, 1099, 1176
HB 729--Rockdale County; tax commissioner, compensation _______________________________________._______.____923, 934, 1007, 1099, 1176
HB 730--Screven County; ordinary, compensation ___________________.___._______.______________________921, 934, 1007, 1099, 1177
HB 731--Clay ton County; civil service board, compensation _______________________________.__.____.____________921, 934, 1007, 1099, 1177
HB 733--Cobb County; certain officials, compensation ________________-__.__________________-__-____1154, 1160, 1221, 1368, 1445
HB 734--Revenue Commissioner; equalize county school property tax digest __________________ ________________.________.________-____1343, 1344, 1364
2124
INDEX
HB 735--Revenue Commissioner; furnish equalized
school tax digest to Education Board _______________1343, 1344, 1364 HB 737--Garden City, City of; extend corporate
limits __________________.______.____________927, 934, 1007, 1099, 1177 HB 739--Macon County, State Court of;
change name ___._________-_______--_-_._____921. 934, 1007, 1099, 1178
HB 740--Oxford, Town of; mayor and councilmen, compensation ________________________________..___..922, 935, 1008, 1100, 1178
HB 741--Mansfield, Town of; council posts, provide ______________________.__.________________.922, 935, 1008, 1100, 1178
HB 742--Newborn, Town of; mayor and councilmen, election _._____..___,.___._____________________922, 935, 1008, 1100, 1179
HB 743--Porterdale, City of; mayor and councilmen, election ______-__.._______..____._________________.__.___922. 935, 1008, 1100, 1179
HB 747--Civil Practice Act; duty of court, trial without jury ______-__....__________.1268, 1270, 1317, 1555, 1676, 1710
HB 748--Cordele, City of; new charter ._......991, 999, 1044, 1100, 1179, 1355 HB 749--Smyrna, City of; increase corporate
limits ----__.___,,-_____...922, 935, 1008, 1100, 1180 HB 750--Stewart County; education board, election
date -_.-_______.______._________________________922, 935, 1008, 1100, 1181, 1308 HB 751--Richland, City of; change corporate
limits . ,,_________.____.___________._.922, 936, 1008, 1100, 1181
HB 752--Chattahoochee County; sheriff, compensation _____________________________...992, 999, 1044, 1100, 1181
HB 753--Lincoln County; sheriff, compensation ___._________________.__.._________922, 936, 1008, 1100, 1183
HB 754--Lincoln County; commission chairman, compensation _____-_.___-________.___923, 936, 1009, 1100, 1183
HB 755--Lincoln County; treasurer, compensation ___._..__._________._______________923, 936, 1009, 1100, 1299, 1355
HB 757--Columbus, City of; extend corporate limits ___..__.___.__.____..________.______.._____________._.923, 936, 1009, 1196, 1229
HB 758--Lee County; sheriff equipment and
supplies _______._______._______________________923, 936, 1009, 1100, 1183 HB 760--Bibb County State Court; clerk,
change bond .._____-.__________-___________.______923, 937, 1009, 1196, 1230
HB 762--Henry County; certain officials, compensation ____._..______._____..._______________992. 999, 1045, 1196, 1230
HB 763--Henry County; treasurer, compensation ____.992, 999, 1045, 1196, 1230
HB 764--Henry County; commissioners, compensation ..____._____________________________.__.992, 999, 1045, 1196, 1231
HB 765--Henry County; superior court, terms _______991, 999, 1045, 1196, 1232 HB 768--Glynn County Urban Redevelopment Law;
define "county" -__.______._.__________....____. 1465, 1468, 1504, 1556, 1585 HB 770--Douglas, City of; annual audit ______993, 1000, 1045, 1683, 1872, 2014 HB 771--Coffee County; annual audit ________ 993, 1000, 1045, 1683, 1873, 2014
HB 774--Alma, City of; taxation limitation, remove certain provisions _.__________________.__________.991, 1000, 1045, 1804, 1874
HB 775--Savannah, City of; extend corporate limits ___.______.___.__________._______________.1208, 1215, 1314, 1480, 1512
HB 776--Mclntosh County; tax commissioner
employees, compensation
_...._._______ 993, 1000, 1046, 1368, 1446
HB 777--Mclntosh County; commissioners, compensation __._____________._.__________________993, 1000, 1046, 1368, 1446
INDEX
2125
HB 778--Mclntosh County; ordinary, compensation ________________________________ 993, 1000, 1046, 1368, 1447
HB 779--Darien, City of; mayor and eouncilmen _______________________________..993, 1001, 1046, 1368, 1447
HB 780--DeKalb County Education Board; publish quarterly summary __________________1208, 1215, 1314, 1480, 1512
HB 781--Lake Lanier Islands Development Commission; agency of State Government _._-____.._,,,,.__.1673, 1675, 1692, 1735, 1979
HB 782--Lake Lanier Islands Development Authority; define certain words _______________1673, 1676, 1692, 1735, 1980, 2014
HB 784--Safety Requirements; racing facilities _______._____________.__.______1036, 1041, 1097, 1682, 1806, 2016
HB 785--School Lunch Funds; Minimum Foundation Program of Education ___..__________.__.1115, 1116, 1166, 1366, 1474
HB 788--Seminole County Small Claims Court; create __________________._.___.__.-994, 1001, 1046, 1480, 1513, 1675
HB 790--Macon Judicial Circuit; assistant district attorneys ______________________________________994, 1001, 1046, 1100, 1184
HB 791--Alimony; nullify foreign judgments, certain cases _____________________________.995, 1002, 1047, 1204, 1275
HB 792--Crisp County; superior court deputy clerk, compensation ________._____________________994, 1001, 1046, 1100, 1184
HB 793--Albany, City of; extend corporate limits ___________._..__________-____-994, 1001, 1047, 1196, 1231, 1355
HB 794--Bleckley County; commissioners, compensation ________________________994, 1002, 1047, 1100, 1184
HB 795--Bleckley County; sheriff, compensation ______________________....994, 1002, 1047, 1100, 1185
HB 797--Prisons; unlawful to carry certain drugs into _______________________________________1268, 1270, 1317, 1417
HB 798--Habersham County; deposit of funds ____1154, 1160, 1221, 1368, 1447 HB 799--Dublin, City of; change corporate
limits ____._____..____.__.____________-.1034, 1041, 1098, 1368, 1448 HB 800--Chatham County Hospital Authority; board
members appointment ______________.1208, 1216, 1315, 1480, 1512 HB 801--Royston, City of; recorder's court,
create _._________________.___________________.1034, 1041, 1098, 1196, 1233 HB 802--Royston, City of; employ city
manager _____________________________________ 1034, 1041, 1098, 1196, 1233 HB 804--Alcoholic Beverages; by the drink, distance
requirements ________________________.1465, 1479, 1505, 1679, 1703 HB 805--Mobile Homes; transporters,
registration ___.__________________1218, 1238, 1317, 1365, 1603 HB 806--East Point, City of; local advisory
board, duties _____________________..1034, 1041, 1098, 1480, 1513 HB 808--Gwinnett County; certain officials,
compensation ______________________.____._._.1084, 1090, 1162, 1368, 1448 HB 809--Gwinnett County; tax commissioner,
compensation ...____________________________1084, 1090, 1162, 1368, 1448
HB 810--Bibb County; commissioners set own salary _________________________....___.___1034, 1042, 1098, 1480, 1513
HB 811--Mitchell County; commissioners, compensation ..__.__._____._______.___1084, 1091, 1162, 1480, 1514, 1675
HB 812--Hotels, Motels; tax on rentals collected by cities and counties _-__._._-_.._.__..._1304, 1310, 1361, 1682, 1796, 1892
2126
INDEX
HB 813--Tax on Admission Tickets; collected by cities and counties ...-..,,.,,_--.._... 1304, 1311, 1361, 1682, 1704, 1740
HB 814--Tax, Alcoholic Beverages; collected by cities and counties _-____.,,__--____-_._-__..__._____._--__1304, 1311, 1361, 1682, 1704
HB 815--Prisoners; allowed to work outside prison ___._..._.._...______.._.____.______________._______...__________1493, 1496, 1574, 2002
HB 816--Cordele Judicial Circuit; court reporter, compensation ___..-..-._____...-.-.......___.._...__.1084, 1091, 1162, 1368, 1449
HB 818--Douglas City Court; change name to State Court
of Coffee County ,,_._..______ 1084, 1091, 1163, 1961, 1968 HB 819--DeKalb County Hospital Authority; filling
vacancies __..___....._.......___...____..........._.-_....1084, 1091, 1163, 1368, 1450 HB 820--Atkinson County; superior court clerk,
compensation __,,_,,,,______.__......._..___1085, 1091, 1163, 1683, 1694
HB 821--Atkinson County; sheriff, compensation ____._.,,......_____._____..._.....1085, 1091, 1163, 1683, 1694
HB 822--Pearson Industrial Authority, City of; create ____,,.___________.__.____1085, 1092, 1163, 1368, 1449, 1561
HB 823--Lanier County; sheriff and deputy, compensation ._..-.____...._...._...__........__..1085, 1092, 1163, 1368, 1450
HB 824--Lanier County; superior court clerk,
compensation _..,,__.___..._..._....__._...._..__-1085, 1092, 1163, 1369, 1450
HB 825--Lanier County; commissioners,
compensation ._.____....__..____...._._....____._.1085, 1092, 1163, 1369, 1451 HB 826--Polk County; commissioners,
meetings _________________________________________.___.1085, 1092, 1164, 1369, 1451
HB 827--Polk County; sheriff, additional motor vehicle .______....._...._.___.................__...._...__...1085, 1092, 1164, 1369, 1451
HB 828--Laurens County; commissioners, compensation _....__........_.__..._..._..._._1086, 1093, 1164, 1369, 1452
HB 829--Decatur County Civil & Criminal Court;
change name -____._....-_.-.-______..-...-_.._.._.1086, 1093, 1164, 1369, 1452 HB 830--Decatur County; superior court,
terms .,,_.,,._______,,_,,___,,__.___._1086, 1093, 1164, 1480, 1516, 1675 HB 831--Flint Judicial Circuit; secretary to district
attorney, compensation ._.._-..._...____...1488, 1496, 1574, 1804, 1875 HB 834--Ben Hill County; create county
depository _,,__,,___._____....1086, 1093, 1164, 1196, 1233
HB 835--Hartwell, City of; mayor, term ....._.____._____.._.___....._....__._____..._._...._1086, 1093, 1164, 1369, 1452
HB 836--Atkinson County; commissioners, compensation _____________.___._________.______1086, 1093, 1164, 1683, 1695
HB 838--Game and Fish Commission Acts; change definitions _____-._..._.__.._........__...__._.1560, 1563, 1581, 1680, 1824
HB 840--Warren County Small Claims Court;
create
____.___-._,,__............1155, 1160, 1221, 1369, 1453
HB 842--County School Superintendents; change qualifications __._..._..___._.............,,.....,,........__,,____--1305, 1311, 1362
HB 843--Coffee County; certain officials, compensation ________...........1155, 1161, 1222, 1737, 1747, 1759, 1890, 1964
HB 844--Livestock Indemnities; hog cholera appropriation
transferred to .._..._.._....._.___..___._.._.._..1534, 1541, 1579, 1679, 1725, 1758
HB 845--Wayne County Hospital Authority;
members, appointment __--_-.,,__--.1155, 1161, 1222, 1804, 1876, 2014
INDEX
2127
HB 846--Johnson County; commissioners, filling vacancies _______________.....__.____._______1154, 1161, 1222, 1369, 1453
HB 850--DeKalb County; commissioners, filling vacancies ---- .--------..____--...........1155, 1161, 1222, 1369, 1453
HB 852--Workmen's Compensation Board; testimony by depositions _______________________________-________1466, 1468, 1505, 1803, 1980
HB 854--City annexation; alternative method ,,,,._--__1352, 1357, 1432, 1555, 1615 HB 855--Sardis, Town of; reincorporate _______1208, 1216, 1315, 1683, 1696, 1755 HB 856--Monroe County; commissioners,
compensation ______________._------________1209, 1216, 1315, 1556, 1587 HB 857--Burke County; commissioners,
compensation _____________________----_____1209, 1216, 1315, 1480, 1517 HB 859--Pierce County; deputy sheriffs,
compensation ________----__--.__._______--.--.1209, 1216, 1315, 1804, 1877 HB 860--Harris County; number of deputy
sheriffs ...__________.._------------__.______----__.1489, 1496, 1575, 1683, 1695 HB 862--Income Taxes; rebated to deceased Vietnam
soldier's estate _.------_.________--------_._1559, 1564, 1581, 1744, 1992 HB 863--Corporation Code; articles of dissolution,
requirements for filing _______________________________...1559, 1564, 1582 HB 864--Withholding Tax; time for payment by
employer to commissioner __--------__.__,,___----..1560, 1564, 1582, 1744 HB 866--Public Improvement; bond required to
enjoin ___________________________--------1492, 1496, 1575, 1692, 2001 HB 868--Seminole County; sheriff,
compensation ..........____------.--------------.1209, 1216, 1315, 1369, 1454 HB 870--Mountain View, City of; mayor, councilmen,
powers ____._.----.....--..-------------.__-----1209, 1216, 1315, 1480, 1517 HB 871--Rockdale County; police powers __._------1209, 1217, 1315, 1369, 1454 HB 872--Wayne County; sheriff and superior court
clerk; compensation _________...____________--.......----_..________1306, 1311, 1362 HB 873--Ellijay, City of; change corporate
limits ___________............___________._.._.------________-1209, 1217, 1316, 1369, 1454 HB 874--Oconee Judicial Circuit; court reporter,
compensation _____________________.._____1209, 1217, 1316, 1480, 1517 HB 875--Butts County; create new education
board .......--_________._--....._...._______.----_....__ 1422, 1426, 1502, 1556, 1587 HB 876--Waynesboro, City of; councilmen, election _...___.....----1210, 1217, 1316 HB 877--Public Safety Department Director; charge for
status reports ____.___.--------__.__--_--____-___-1710, 1712, 1742, 2002, 2005
HB 878--Cobb County Civil and Criminal Court; court of record _._____________.........________.._--..1210, 1217, 1316, 1737, 1747
HB 879--Cobb County Civil and Criminal Court; jurisdiction ..____________....._..________.__----..____--------..----.1210, 1217, 1316
HB 880--Doraville, City of; change corporate
limits
__
_._----___----1210, 1218, 1316, 1369, 1455
HB 881--Toombs Judicial Circuit; district attorney, expense allowance _______........____--......._....1305, 1311, 1362, 1556, 1587
HB 882--Glascock County; deputy sheriff, compensation ._..__......_....______._.._._.__._--1305, 1311, 1362, 1556, 1588
HB 883--Telfair County Education Board; increase membership _____.._....,._____________.--.1305, 1312, 1362, 1556, 1588
HB 884--Helena, City of; title to certain property .__.___._________.____._............_______......--__1305, 1312, 1362, 1556, 1588
2128
INDEX
HB 885--Warner Robins, City of; council-manager form of government _______________________1210, 1218, 1317, 1369, 1455
HB 886--Richmond County; joint city-county tax assessor board, create ____--___.___-___-__.1711, 1712, 1742, 1905, 1966, 2014
HB 889--Fairburn, City of; councilmen, election .... ..._.__...----__. ..______ 1210, 1218, 1317, 1683, 1697
HB 890--Bartow County; sheriff, compensation ____.__._______________.______.______1305, 1312, 1362, 1480, 1518
HB 891--Bartow County; commissioner, provide clerical help ________.__.______.___...._.______________.1306, 1312, 1363, 1480, 1518
HB 892--Bartow County; tax commissioner, additional personnel _______.____._______--.__.__----_____1306, 1312, 1363, 1480, 1519
HB 893--Mitchell County; treasurer, abolish _________________ 1658, 1564, 1582 HB 899--Cave Spring, City of; reincorporate ___.___--______1307, 1312, 1363,
1556, 1589, 1710 HB 900--Richmond County; associate city court
judge, provide _____________--...________...1568, 1572, 1690, 1737, 1748 HB 901--Albany City Court; judges pro hac vice, reduce
number _____-______.-..._____._.-_._________________._1306, 1312, 1363, 1480, 1519 HB 903--Cordele Office Building Authority;
membership --...-..-.......-......-.--...........-....ISOe, 1313, 1363, 1480, 1519 HB 905--State Building Administrative Board;
create --__.______.._--_.___.___________.1568, 1572, 1690, 1736, 1851
HB 906--Claims Advisory Board; notice of possibility of claim, departments --_._____________1568, 1572, 1690, 1857, 1912
HB 907--Constables; no power of arrest, traffic violations _________________________.___1362, 1357, 1432, 1484, 1525
HB 908--Commission Chairmen, Certain Counties; approved actions _________________ 1306, 1313, 1363, 1556, 1590, 1755
HB 911--Richmond County; certain employees, additional compensation ______-_________.1489, 1496, 1575, 1737, 1748
HB 912--Richmond County; certain elected officials, compensation _____________________.______1489, 1497, 1575, 1737, 1748
HB 916--Emerson, City of; change corporate limits --___...__--.___._--________________1422, 1427, 1502, 1556, 1592
HB 917--Municipal Election Code; revise _______.-____._.__.._____._-_.._____-__1425, 1427, 1502, 1678, 1840, 2015
HB 918--Cartersville, City of; reincorporate ___.____-________._._.__-1422, 1427, 1502, 1556, 1590, 1710
HB 919--Putnam County; coroner, salary_____-____1422, 1427, 1502, 1556, 1592
HB 920--Richmond County; sheriff's employees, compensation _____._____._______________ 1489, 1497, 1575, 1857, 1879, 2015
HB 923--Edison, City of; mayor and councilmen, terms _____,,-_--___________________________1350, 1357, 1432, 1480, 1520
HB 924--Telfair County; sheriff, compensation _--.1351, 1357, 1432, 1556, 1593
HB 925--Telfair County; commissioners, compensation .___________..___.._.__-._.______---1351, 1358, 1433, 1556, 1593
HB 927--Lowndes County Juvenile Court; judges, salaries __,----_____-_____________________1351, 1358, 1433, 1556, 1593
HB 928--Glynn County; sheriff designate chief jailer __________-_________._..___._____._____1351, 1358, 1433, 1804, 1876
HB 929--Glynn County; commissioners, compensation ______1351, 1358, 1433
INDEX
2129
HB 930--Glynn County Civil and Criminal Court; new name _________________..____.__........._..__...1351, 1358, 1433, 1804, 1876
HB 935--Garbage; unprocessed, prohibit feeding to animals _______ ________________________________.........____1333, 1334, 1364, 1482
HB 936--Appling County; tax receiver, compensation __________________________..1351, 1358, 1433, 1804, 1880, 1978
HB 937--Appling County Education Board; members, compensation ___.__.__.__.________,,_______________ 1351, 1359, 1433, 1804, 1881, 1978
HB 938--Appling County; tax collector and secretary, compensation ____________________.___._____.1354, 1359, 1433, 1804, 1882, 1978
HB 939--Gray, City of; change corporate limits _____________..______________________________.___.______1352, 1359, 1434, 1556, 1594
HB 940--Stone Mountain Judicial Circuit; additional court reporters ___________._____._________________.___.____1352, 1359, 1434, 1737, 1749
HB 947--Dougherty County; commissioners, create sanitary districts ___________._____________.____.____.___1616, 1619, 1691, 1737, 1749
HB 948--Henry County; tax commissioner, compensation __,,__________.___.___..______.1422, 1427, 1502, 1556, 1594
HB 950--Lookout Mountain Judicial Circuit; court reporter, salary _______________..__._______.__________1422, 1427, 1503, 1556, 1594
HB 951--Haralson, Town of; extend corporate limits r___________--_--_-_________________.-__-_-_.__.____-___1422, 1428, 1503, 1556, 1595
HB 953--Georgia State Scholarship Commission; accept money for student aid program ....___.______1534, 1541, 1579, 1734, 1826
HB 954--Higher Education Assistance Corporation; student loan program, promote ____.___________1534, 1541, 1579, 1734, 1827
HB 955--Powder Springs, City of; annexation of territory _______________.______._______________1422, 1428, 1503, 1556, 1595
HB 956--Chatham County Civil Service Board; members, election ..._....._..........._..__1489, 1497, 1575, 1804, 1884, 2015
HB 957--City of Atlanta; corporate boundaries _._--_-___________.._._..__..__1423, 1428, 1503, 1804, 1884
HB 958--Jefferson, City of; change corporate limits ________._.___._,,.__________,,_._ ________.___.________1423, 1428, 1503, 1556, 1595
HB 960--Thomas County; commissioners, travel expenses ______________._._,,.__________.._..__._...-.1423, 1428, 1503, 1556, 1596
HB 961--Jeff Davis County; commissioners, compensation ______________________________1423, 1428, 1503, 1556, 1596
HB 962--Hazlehurst, City of; mayor, commissioners, compensation _______________________.______________.1423, 1428, 1503, 1556, 1596
HB 963--Hawkinsville, City of; change corporate limits __.____.___._____._____.________.__.________________-_-_______1423, 1429, 1504, 1556, 1597
HB 964--Fulton County Nurse Employee-Management Cooperation Act; create _________.._--________________________________1723, 1724, 1743
HB 965--Warner Robins, City of; extend corporate limits _____________,,._,,_,,______.1423, 1429, 1504, 1557, 1597, 1755
HB 966--Calhoun, City of; redefine corporate limits _,,..___.-----____-_--_____--- __--_-__1423, 1429, 1504, 1557, 1598
HB 967--Warner Robins, City of; mayor and councilmen, compensation _____________._______1424, 1429, 1504, 1557, 1598
2130
INDEX
HB 968--Clarke County; new board of education _____._......___.____,__......._._..______.___......___1424, 1429, 1504, 1557, 1598
HB 969--Macon, City of; extend corporate limits -----__________.-_--________------_____------____1424> 1429, 1504, 1557, 1599
HB 970--Colquitt, City of; mayor, councilmen, compensation _,,----_____,,----_--__________----___1489, 1497, 1576, 1683, 1697
HB 971--Groveland Lake Development Authority; create ___._____._.----_.______.----__----____-____..1535, 1543, 1580, 1734, 1824
HB 972--Gwinnett County; sewer and water system, establish ,,._.----________--------_1489, 1497, 1576, 1683, 1698
HB 973--Norcross, City of; ordinance violation fine, limit amount -....------------__-__-.--____-..,,.--1490, 1497, 1576, 1683, 1698
HB 974--Gwinnett County; merit system board ______________--__.----__-------__..1487, 1498, 1576, 1683, 1698
HB 975--Mitchell County; treasurer, abolish office .-_..___.__.--__......................1487, 1498, 1576, 1737, 1749
HB 976--Wayne County; sheriff and superior court clerk, compensation ._.__-...-..-...-._...-_.___..1487, 1498, 1576, 1804, 1885
HB 977--Jesup, City of; city attorney, commissioners fix salary, appoint _......_--______..1487, 1498, 1576, 1804, 1887, 2015
HB 978--Pickens County Water and Sewer Authority; create ______________._..._1487, 1498, 1576, 1683, 1699
HB 979--Pickens County; school superintendent, appointed by education board _________.______1487, 1498, 1577, 1683, 1699
HB 980--Tate Water and Sewer Authority; create ______________________________1487, 1498, 1577, 1683, 1699
HB 981--Piedmont Judicial Circuit; superior courts,
terms
____________________________1487, 1499, 1577, 1683, 1700
HB 982--Walker County; commissioner, use of automobile ....._...__...._......__........__.1488, 1499, 1577, 1804, 1887, 2015
HB 983--Avondale Estates, City of; expand city limits _______._........._.________.__...__-1488, 1499, 1577, 1737, 1750
HB 984--Newnan, City of; increase corporate limits ___._....._..________1488, 1499, 1577, 1683, 1700
HB 985--Coweta County; certain officials, salaries ___________._..__.______.________._1488, 1499, 1577, 1683, 1700
HB 986--Grady County; tax commissioner and superior court clerk, salaries _--____--._.___.___1488, 1499, 1577
HB 987--Lula, City of; certain employees, compensation _..----._.._-_____________.-1490, 1499, 1578, 1683, 1701
HB 991--Telfair County; tax commissioner, compensation __.____.__.__.______________ ______.____1490, 1500, 1578, 1683, 1701
HB 992--Clarke County; prisoners, increase food allowance ____________________________________1558, 1564, 1582, 1737, 1750
HB 994--Lumpkin County; sheriff, compensation _..-_______,,______1569, 1564, 1582, 1683, 1701
HB 995--Lamar County; coroner, compensation _______._,________...________________1559, 1565, 1582, 1737, 1750
HB 996--Athens City Court; special investigator __________.__.._.____._____-_____.__1559, 1565, 1582, 1737, 1751
INDEX
2131
HB 997--Porterdale, City of; mayor and councilmen, compensation -_.____..._.______.1559, 1565, 1582, 1683, 1702
HB 999--Policy and Evaluation Committee for Electronic
Data Processing; create .___._._.__..._.._..1568, 1572, 1690, 1736, 1854, 2015
HB 1003--Lumpkin County; commissioner,
compensation ___._______.___.___..____._.____..._._____1618, 1619, 1691, 1737, 1751
HB 1005--Gwinnett County; relating to audits ....._.1618, 1620, 1691, 1737, 1751
HB 1006--Albany, City of; mayor and commissioners,
compensation
.,,.,,._.,,_______- 1619, 1620, 1691, 1737, 1752
HB 1007--Dougherty County; commissioners,
compensation _______.._...._......._...................._.1616, 1620, 1691, 1737, 1752
HB 1008--Liberty County; alcoholic beverages, sale by
the drink __.._......................___..........._._............_.1616, 1620, 1691, 1803, 1847
HB 1010--North Georgia Mountains Authority; aeiine "project" _________.__.________.______________1722, 1724, 1744, 1805, 1969
HB 1011--Taliaferro County; commission chairman,
surety bond .-_____.-._-..._...-_...-._____.._.-.-__-_-..__.....____-___1707, 1711, 1742
2132
INDEX
House Resolutions
HR 1--Notify Senate that House has convened --_________________,,-.._____--__________io HR 2--Notify Governor that General Assembly has convened ___.....--_.___.11 HR 5--Election Returns; canvassing and publishing __.._._...._.__.12, 13, 28 HR 6--Joint Session; message from Governor, January 14 ____,,.--....... 12, 13 HR 7--Joint Session; message from Governor, January 16 ..--_.....___....12, 13 HR 9--Rust, Mrs. Jessie L.; compensate _..----.__--___571, 580, 606, 620, 705 HR 14--Abney, Shaw Walker; congratulations on birth ,,_.__--....__,,_._..__.28 HR 17--McCall, Mr. John M.; compensate ..._...____...,,__8BO, 862, 896, 940, 1390 HR 18--Morris, Miss Linda Deanne; compensate ..._-..._.571, 580, 606, 620, 706 HR 19--Bond, Mr. Jimmy D.; compensate ..._..____.........572, 581, 606, 620, 706 HR 20--Johnson, Mr. William B.; compensate --------..572, 581, 606, 620, 707 HR 22--Morgenthaler, Mr. James W.; compensate _...850, 863, 896, 940, 1391 HR 24--Property Transfer; State to Board of
Regents (Milledgeville) ,,...-..___...--.....____..........._...78, 83, 106, 107, 129 HR 27--General Assembly; joint session January 20 _._.____.___--...-.--._...45, 87 HR 34--Lewis, Mr. C. F.; compensate ..-------------..572, 581, 606, 620, 708 HR 37--Athens-Monroe Highway; naming ......_........__193, 197, 213, 229, 276 HR 40--Rider, Mrs. Fred; compensate ........__--..._.-..-_.572, 581, 606, 620, 709 HR 45--Property Transfer; State to Chatham County....174, 181, 201, 329, 502 HR 52--Bill Jones Dodge City, Inc.; compensate _._1376, 1378, 1418, 1431, 1546 HR 53--Innis, Mr. C. O. and Robinson, Mr. Herman;
compensate -._.......__......_.._.._.-...-.-....-.__.--_...__.572, 581, 606, 620, 710 HR 54--Atkinson, Mrs. Minnie Lee; compensate ----572, 581, 606, 620, 710 HR 57--Moss, Mr. E. M.; compensate ------------------.850, 863, 897, 941, 1392 HR 61--Perry, Mr. Richard Floyd; compensate -.1376, 1378, 1418, 1431, 1546 HR 62--Uniform Time; termination date Labor
Day ----------__------------------------------.--.-.-_320, 326, 354, 399, 526 HR 64--Juvenile Court Law Study Commission;
judges, compensation _-_------------___._..--.541, 546, 586, 1555, 1615 HR 67--Georgia Medical Association; provide medical service --..__121, 130 HR 72--Cochran, Mr. Paul; compensate __....--_--.1535, 1543, 1580, 1679,
1725, 1758 HR 74--Property Transfer; State to City of
Louisville _____..,,___....._...--_.._....___320, 326, 354, 677, 764
HR 76--Clayton County; levy tax for industry promotion ..........._.........__________..___._..__.___.174, 181, 202
HR 82--Coastal Islands Study Committee, Georgia; create _..___............._........................----.851, 863, 897, 1319, 1371, 1467
HR 83--Butts, Mr. Ben W.; compensate ._..__..___....850, 863, 897, 941, 1393
HR 84--Little, Mr. Buford; compensate ___.------ 992, 1002, 1047, 1103, 1393
HR 85--Ransom Floral Company; compensate ,,_._.._._..572, 581, 606, 620, 711
HR 89--Baldwin, Mr. Robert Lee; compensate .------..._..572, 581, 606, 620, 712
HR 90--Richard B. Russell Scenic Highway; designate ..386, 392, 524, 677, 822
HR 93--Justice, Mr. K. W.; compensate __._-..............572, 582, 606, 621, 713
INDEX
2133
HR 95--Hollomon, Mr. Vernon F.; compensate ___--850, 863, 897, 941, 1394
HR 100--Campbell, Honorable J. Phil, Jr.; commend ._______._....175, 202 HR 108--Pope, Judge Tom; regrets at passing _....._._....._.__.___...-..-__....175, 202
HR 111--Lee, Clyde Perdie; compensate -------_._._._._572, 582, 607, 621, 714
HR 112--Parson, Mr. Travis; compensate .___--~___.____..573, 582, 607, 621, 714
HR 113--Joint Session; hear Major Pless and Lt. Col. Jackson .__.__._,,..,,_.,,___,,.._..__-..______________.____.__.______..176, 186
HR 114--Chitwood, Mr. Joe Jackson; compensate ._-573, 582, 607, 621, 715
HR 116--Trotter, Mr. Tom; compensate ....__--.-...1376, 1378, 1418, 1431, 1547
HR 121--Sapp, Mr. J. C.; compensate ___._-..-.--.........._...B73, 582, 607, 621, 716
HR 123--Giles, M. A.; compensate ......____......_.__850, 863, 897, 941, 1395
HR 124--McGuire, Doris E.; compensate _...__--.....1376, 1378, 1418, 1431, 1548
HR 125--Lockheed Georgia Corporation; relating to invitation to tour _____._____.___.___________.___.____._.___._____._.._..-------- ______..___._...__-193, 203
HR 128--Property Transfer; easement, State to Plantation Pipe Line Co. (Ft. Yargo) .__...__..._.....___.___._____723, 729, 804, 879, 912
HR 132--Sanders, Mr. Idus Eugene; compensate ..,,__.... 573, 582, 607, 621, 717
HR 133--Fireworks; exempt Secretary of State for fighting starlings __......_-___.___.-..--_..__....--_....._..668, 674, 735, 914, 1016
HR 134--Hodges, Mr. T. L., Jr.; compensate --..--1708, 1711, 1742, 1802, 1914 HR 139--Governor's Mansion, Ansley Park; disposal of .._... 1491, 1500, 1578,
1801, 1913, 2017 HR 140--General Assembly; adjourn February 14 to
February 17 _________....________________________.........209, 231, 279
HR 143--Marietta, City of; bonded indebtedness ._.._._..341, 349, 398, 738, 819
HR 144--Highway Laws Study Committee; create ........851, 863, 897, 1319, 1415 HR 158--DeMolay; commend ...___________________________.__..284, 302
HR 163--University of Georgia Football Team and Coach; commend ._._......._.._.....__.........__,,___________________284, 302
HR 164--Fort Oglethorpe Volunteer Fire Department; commend ____________..._...._.._..._._...._._...__......_.._..._...__..__._284, 302
HR 178--Property Transfer; State to Bibb County Education Board and Orphanage ..___._,,723, 729, 804, 1274, 1370
HR 179--Education Department; pay sums to certain local school units _________,,______._________..______1296. 1297, 1318, 1383, 1469
HR 181--Advertising of Cigarettes; opposition to FCC proposal to ban .....__..___,,_______.__..................796, 799, 865, 1195, 1330
HR 182--Joint Session; hear Joey Vickers ---__._________.._________,, 313, 316
HR 187--Atlanta, City of; close and clear certain properties ________________________________________........._.1213, 1218, 1317
HR 188--Property Transfer; State lease to Calhoun Elks Club __________________.____-___1218, 1238, 1317, 1481, 1545
HR 190--Grady County; possible State park site located therein __________________________________ 1560, 1565, 1583, 1680, 1823
HR 192--General Assembly; adjourn February 21 to February 24 ._________________________.....__379, 380, 508, 509
HR 194--State Parks; acquisition of sites _..1493, 1500, 1578, 1805, 1901, 1978
HR 196--Constitutional Amendments; effective date .,,_...__......796, 799, 866
HR 198--Atlanta Chiefs Soccer Team; commend ...._________________.________514, 538
2134
INDEX
HE 199--Property Transfer; easement, State to Macon-Bibb County Hospital Authority __.___---------,------723, 730, 804, 914, 1016
HR 200--Property Transfer; State lease to Baldwin County Education Board ____--------------------.-_-610, 613, 676, 841, 876
HR 201--Property Transfer; located in Baldwin County ----------------_------------____._--611, 614, 676, 841, 876
HR 204--Ad Valorem Taxes; exempt certain corporations ----1036, 1042, 1098
HR 219--Hartman, Honorable Don Lee; commend ___._--------___--------..541, 553
HR 222--American Legion; place freedom flame on
Capitol grounds ----___._--------------------------.723, 730, 804, 879, 911
HR 225--Francis, Mrs. Eleanor; compensate --------1087, 1093, 1165, 1318, 1396
HR 226--Property Transfer; Henry Grady Hotel lease, State accept bid of Jamestown Shopping Center, Inc.-----1491, 1500, 1578,
1583, 1837, 1848, 2017
HR 227--Property Transfer; between State and certain persons
(Fulton County)
.----_--------_.. 926, 937, 1009, 1194, 1276
HR 228--Douglas County, Sweetwater Valley; State urged to
acquire title to property ------------_____1491, 1500, 1578, 1736, 1823
HR 229--Blackstock, Mr. J. L.; compensate _..__-1087, 1094, 1165, 1319, 1397
HR 230--Smith, Mrs. Betty; compensate ---- _._.. 1087, 1094, 1165, 1319, 1398
HR 232--Carrington, Mrs. Hollis; compensate -_-1087, 1094, 1165, 1319, 1399
HR 233--Akins, Mr. J. M.; compensate ----.----.1087, 1094, 1165, 1319, 1400
HR 234--Property Transfer; State lease to J. P. Stevens & Co. _,,___._.__----_----1558, 1565, 1583, 1805, 1898
HR 235--Wall, Donald L.; compensate ---..------1088, 1094, 1165, 1319, 1400
HR 236--Lanier, Mr. John R.; compensate --....--1088, 1094, 1165, 1319, 1401
HR 247--Williams, Mr. Paul; compensate ----...-1377, 1378, 1418, 1431, 1549
HR 248--Crew, Roger; compensate ----------------1377, 1378, 1418, 1431, 1550
HR 249--Election Laws Study Committee; create ... 1307, 1313, 1363, 1506, 1545
HR 250--Highway 19; designate as Scenic Highway __-.--1268, 1271, 1318,
1484, 1537
HR 251--Georgia Commission on National Bicentennial Celebration;
create ------------___----------.--------1036, 1042, 1098, 1320, 1415, 1560
HR 255--Property Transfer; State lease certain property to Edwin Mathis (Floyd County) -------..........-1343, 1344, 1365, 1481, 1540
HR 257--E. S. Lane Bridge; Highway Department designate ----_____________----------------1491, 1501, 1578, 1682, 1816
HR 258--Chattahoochee Judicial Circuit Study Committee; create ...............---............_......------1535, 1543, 1580, 1678
HR 260--Cagle, Mrs. Doris; compensate ----------1377, 1378, 1418, 1431, 1551
HR 264--State Communications Committee; create ----______---------------1036, 1042, 1098, 1223, 1331, 1384, 1545
HR 266--Property Transfer; State transfer certain
property to Wilfred J. Mohr (Gordon County) __1089, 1095, 1166, 1365, 1537
HR 270--Property Transfer; State sell certain property to Percy Helmer (Fulton County) --------------1425, 1430, 1504, 1805, 1899
HR 271--Property Transfer; State convey land to Greene County _------.------------.---------- 1353, 1359, 1434, 1481, 1536
INDEX
2135
HR 272--Whitfield County; urge federal government release certain property _____.___._.__.1307, 1313, 1363, 1481, 1537
HR 273--Blood Banks, Regulation of; committee to study ______________________.________-_____.1535, 1543, 1580, 1681, 1992
HR 274--Jones County Superior Court; State librarian furnish volumes _____________________________________ _______._1088, 1094, 1165, 1555, 1605
HR 280--Congressional Delegation, Georgia; urged to support House Resolution ,,_______________________,,___ 2500, 1308, 1313, 1364, 1482
HR 285--Ad Valorem Tax on Mobile Homes; Revenue Commissioner aid cities and counties _____ _,,,,_,,,,,,_ _1308, 1313, 1364, 1389, 1543, 1675
HR 288--Federal Aid to Dependent Children; urge Congressional Delegation to initiate bill _.___------__--____. 1308, 1314, 1364, 1557, 1605
HR 293--Furcron, Honorable A. S.; commend ____________________________________992, 1010
HR 298--Property Transfer; State convey property to Dawson Implement Company ______..____________1558, 1565, 1583, 1604, 1736, 1827
HR 304--Bible, Sales and Use Tax; ratify executive order_______.___________________________________,,_______ 1491, 1501, 1578, 1679, 1813
HR 305--Non-Profit Hospitals; sale of property, no sales tax, ratify executive order ____________1491, 1501, 1579, 1679, 1814
HR 306--Tangible Personal Property; sales tax, ratify executive order _----_,,__--------------------1492, 1501, 1579, 1679, 1814
HR 307--Property Transfer; Forestry Commission convey land to Public Safety Department, Baldwin County ----1568, 1572, 1690, 1736, 1820
HR 310--Property Transfer; conveyance of land to convalescent home in Dougherty County _____,,,,_------__1466, 1468, 1505, 1736, 1829
HR 314--General Assembly; adjourn March 13 to April 23 ----__.___1191, 1196
HR 318--Cancer Control Month; designate April -- __,,,,,,----__1211, 1234
HR 352--Property Transfer; change of land between Clayton County and Atlanta __-,,__ 1708, 1712, 1742, 1805, 1978, 2017
HR 361--Hostess for State; designate Miss Georgia _______________________1674. 1685
HR 376--Drewry, Honorable John Eldridge; commend ____________________1689, 1692
HR 405--General Assembly; adjourn sine die ____________________________________ 1709, 1757
HR 412--Legislative Counsel; commend ladies ___________________------____1754, 1889
HR 417--Legislative Counsel; commend __--__,,__,,_____________.._________1754, 1889
HR 461--Carver, Honorable Gail Luke; commend __________________1891, 2011